Managing difficult employees – Can good employees have bad attitudes?

There are two reasons an employee fails to meet reasonable employer expectations – either they can’t or they won’t.  Falling short of expectations is often assessed through the lens of skill or will.  When the employee is trying but lacks the knowledge or experience needed to succeed in his/her role (skill issue), the solution is most commonly solved with training, coaching, better systems or access to resources, or sometimes mentoring.  Managing difficult employees, employees that are not trying however (will issue), is a much bigger challenge.

Behavioral issues are often misdiagnosed as skill/performance issues and therefore often go unresolved.   This is especially unfortunate as these behavioral issues can be incredibly damaging to a company’s culture and success.  Some of the most common workplace behavioral issues are:

  • Excessive absenteeism or tardiness (when not as part of an accommodation)
  • Insubordination
  • Gossip
  • Disruptive to others
  • Poor quality of work
  • Harassing behavior
  • Theft
  • Failure to meet KPIs
  • Emotional outbursts

There are two reasons behavioral issues are more difficult, 1) inexperienced leaders, and 2) employee actor-observer bias.

Experience Matters

Perhaps the hardest lesson learned in managing and leading people is that we all perceive, think about, and value things differently.  It’s easy to say, but when leading a team of conflicting personalities and priorities to achieve a common goal – the leadership can seem overwhelming.  Diagnosing why a person with the desire to succeed isn’t, is a tactical diagnosis.  An employee wants to get more sales, has a great attitude, works hard, and asks for help – it doesn’t take a lot of experience to recognize he needs training.  He’s putting the work in but needs help turning activity into sales.  What about the salesperson that isn’t “working hard”?  She previously hit her quota every month – but her sales have declined steadily over the last few months.  Is she calling out sick all the time?  Is she showing up late?  Leaving early?  When at work – is she working effectively or talking with co-workers and tending more to her social media accounts than customers.  Is she selling to fewer people, closing smaller deals, or both?  She has shown she can do the job, but somewhere along the line stopped.  Why?  This is a harder problem to solve because it requires insight, empathy, and a genuine desire to understand.  Generally, these are leadership qualities developed with experience.  It’s by managing and leading people that you develop the confidence and self-awareness needed to step outside of your own head willing to look at a situation from the perspective of another.  Good people make bad choices all of the time.  Many inexperienced managers assume the person “doesn’t care” or simply “has a bad attitude”.  A leader I worked with in the past would respond to managers complaints about an employee by asking the manager, “was the employee bad when you hired him or did you make him bad?”.  If you want employees to understand the “why” behind your company’s purpose, you need to understand their why as well.  Why do they choose to work hard?  Why do they sometimes choose not to?  You can discipline them, you can warn them, you can suspend them, but nothing serves as a solution to a behavioral problem unless you first understand the why behind it.  Why did they stop caring?  That’s the first step on the path to a solution.  Most employees can regain their love and passion to succeed in their role.  First though – we as leaders NEED to ask what caused it to be lost in the first place.

The actor-observer bias at work

The actor-observer bias is one of several attribution biases, concepts used in social psychology to describe irrational patterns in how we view our own behaviors and interpret behaviors of others.  The term refers to our tendency  to attribute our own behaviors to situational factors while attributing behaviors of others to internal factors.  Put simply, we see our behaviors as a reflection of a situation but perceive others behave a certain way because that’s who they are.  This bias causes behavioral problems to surface in two ways, 1) biased employees see their decisions and behaviors as the only option, rather than a choice, and 2) biased employees subscribe to the idea that only bad people do bad things.  Because someone doesn’t see himself as bad a person, he is incapable of doing bad things and as such, his behaviors are justified.  Think of an employee who is frequently late or absent.  Does she always have a reason?  Does she seem to feel you too should excuse her absence –as though she had no choice but to be late or miss the day?  A person harassing others, although clearly a more serious offense, often does not recognize himself as a harasser.  Because the person doing the harassing believes the person he is harassing either wants or deserves the unwanted attention, he typically feels his behavior is justified.  Ironically, the harasser is often the most offended by harassing behavior demonstrated by others, seeing other harassers as bad people rather than people engaging in harassing behavior (2 Reasons Your Harassment Training is Failing).  Research suggests this bias occurs less often with people we know well – most likely due to exposure.  We see ourselves, behaviors, and decisions as a reflection of situations and the more familiar we are with situations faced by others, the more we recognize that most of us are neither all good nor all bad.  Self-awareness allows us to see ourselves objectively, recognizing the impact our decisions have on others – and that every decision is a choice.  So, next time you’re forced to address an employee’s excessive absences or tardiness, ask him, “do you feel that everyone else that makes it in on time for work has it easy?  Do you feel they do not have extenuating circumstances that they must manage in order to get to work?”  This question can be a game changer in addressing similar behavioral issues.  With more serious behaviors like harassing others or insubordination, it’s important to focus on how the employee’s behavior impacts others – and how the behavior is not in line with the company’s values or culture.  When behavior issues are deliberate such as theft, fraud, or harassing behavior that’s hostile, manipulative, or calculated, it is very unlikely the leopard will change his spots.  There is always a chance that a person engaging in scheming and cunning behavior will change for the better; however, this is a decision she will make on her own.  No punishment, threat, or training will change the behavior and in many situations the person will only use warnings to behave poorly in a more conspicuous way.  It is up to each company and leader to find the right balance of forgiveness and accountability.  People will make mistakes and poor choices – to what extent you, as a leader, are willing to accept the harm those mistakes and poor choices brings to you, your company, and employees, is a choice you must make.

It would be great if we all just got it.  If we all saw our behaviors and decisions as choices and possessed the self-awareness to see how we impact others.  The reality is, we are flawed.  There is no such thing as a perfect person and therefore cannot be a perfect employee, or leader.  A successful workplace culture isn’t about perfection.  A successful culture is about a group of unique individuals coming together to achieve a common purpose.  So the key is establishing a common set of values and then communicating, upholding, and delivering on those values relentlessly – addressing when actions or behaviors deviate from what benefits the group, as a whole, or their collective purpose.  Strong and healthy workplaces have behavioral issues. They only differ from toxic workplaces in how leaders respond to those issues.  Address the behaviors harming your company’s culture today because it’s the only way you will ever achieve your purpose.

 

Watch our tutorial on how to address employee behavioral issues here.

Need help with getting employees engaged?  Contact a Culture Engineer!

Building an Inclusive Arizona: Sales

CO+HOOTS Foundation Executive Director Lisa Glenn Nobles and Culture Engineered Founder Teresa Marzolph discuss how we can build an inclusive Arizona ecosystem focusing specifically on diversity in the sales cycle. The first in our monthly series on Building an Inclusive Arizona, this conversation will focus on the need for diversity in the Arizona business ecosystem and help companies develop a common language and best practices around inclusive sales cycles.

WORKFORCE EVENT: ROI of Creating a Strong Company Culture

Most professionals agree, having a strong company culture is important.  Like most things in business however, only initiatives that produce results gain support (and investment).  Because strategies to develop, sustain, or improve a company’s culture like any other project requires time and money – the question is inevitable:  what is the ROI of culture?  On March 26th,  AZ Biz Link‘s workforce event hosts a discussion with a panel of experts on the topic of creating a culture that produces valuable results.

Moderator:

  • Kevin Black, Principal & Founder | Edge Challenges

Panelists:

  • James Murphy, President & CEO | Willmeng Construction
  • Julie Eklund, Director Human Resources | Kimley Horn
  • Michele Shuey, Global Director HR Business Partnerships & Employee Engagement | Nextiva
  • Teresa Marzolph, People Strategist & Founder | Culture Engineered
  • Gretchen Mastello, SVP Global People Operations | Axon

Feelings in the Workplace – An Insightful Tool or the New “F” Word?

Emotional employee

Crying, yelling, arguing, fighting.  Not ideal in any workplace.  So, when the Huffington Post asked Culture Engineered for tips to include in their article, Crying At Work Happens. Here’s How to Handle It, According To Experts, we stressed the importance of taking a broader approach to such events.  Excessive emotion in the workplace is often and indicator of larger, underlying issues.  Here are some things to consider when emotions erupt in your workplace.

What’s the frequency?

How often are employees overcome with emotion in your workplace?  Weekly?  Daily?  By the hour?  While emotions are a healthy part of the human experience, they are consuming and leave little time or energy for productivity.  Too frequent of outbursts can suggest a culture of enablement or a stressful underlying culture where emotions bubble up.  Such a workplace benefits from training on managing emotions or communication, shifting to proactive interactions and away from reactive.  On the other hand, companies without emotional displays are not necessarily best either.  Life is full of ups and downs.  Given the significant amount of time spent at work, odds are, emotions will sometimes get the best of us at the office.  Letting go in front of someone requires a certain level of vulnerability and trust.  These traits are found within most successful environments.  A workplace without emotion may indicate a lack of trust or an expectation of apathy and therefore may benefit from opportunities to interact outside of work.  Company picnics and office happy hours are a great start, but trust is built by leading with integrity and compassion.  Train and encourage managers to have meaningful conversations with employees over shying away from emotional employees.

Is there a trend?

Where are the breakdowns stemming from?  If a select few are displaying signs of duress repeatedly, its less likely a company-wide culture issue.  Review the surrounding factors of each event, identifying trends.  Are the same people involved with each episode?  Are outbursts more prominent in one department or role?  Unfortunately, we often fail to talk about the string of events leading up to an emotional moment instead, focusing on the straw that broke the camel’s back.  If an employee breaks down because she was warned about coming in late that morning, there is likely more to the story.  Is there a history between the employee and manager?  Has the employee struggled to get to work on time in the past?  Why? These discussions are extremely valuable, helping employees to develop skills needed to succeed as well as uncovering organizational challenges within the company that may be temporarily are prohibiting it from greatness.

Employee behaviors can be signs of potential larger, developing issues within a workplace.  Companies willing to assess their workplace from this perspective can expect to have a more honest, committed, and successful workplace as result.  It’s not always a fun process, but when done right, companies benefit, greatly.

Your company culture – an asset or barrier?  We’re here to help.  Contact a Culture Engineer today by clicking here.

Culture Engineered Launches a New Tool for Schools!

Frustrated teacher

Today, Culture Engineered officially launches a survey focused on assessing the employee experience for educators as it relates to school performance.  The process began in fall of 2017 when a staggering number of requests were received from schools around the US in an effort to improve their workplace.  Not a surprise to many as the national teacher shortage has in recent years moved from a fear to reality.  The shortage especially taking a toll on schools in Arizona, 866 teachers reportedly having abandoned or resigned from their role within the first four months of the 2017-18 school year1.  Culture Engineered is headquartered in Phoenix, Arizona.

Education continues to remain in the spotlight for the state as Arizona Governor Doug Ducey recently announced his plan to restore $400 million to schools in fiscal year 2019, including $34 million for the second year of the teacher salary increase.2  A much needed salary increase as seen by most given the 2016 Bureau of Labor Statistics (BLS) survey ranked Arizona median pay for teachers 45th in the nation.3   A good start, but is it enough?  To be clear here, the “it” being money.  Can we expect an increase in pay to improve classroom interactions?  Will better pay make schools a better workplace?  While a raise definitely won’t make schools any worse, our 2017 research suggests that teacher pay does not necessarily guarantee a better performance or more success.  Of the ten attributes of the employee experience, educators appear to have a very unique expectation of the workplace.  Equipped with data and tools, Culture Engineered again applies the theory that happy employees produce superior results and looks to roll-out this process, starting with select Arizona schools in preparation for the 2018-19 school year.  Additional “school” survey modules are expected to launch late 2018 for other valuable roles within education including school Support Professionals.

Think your school could benefit from our data-driven approach?  Complete the school inquiry form by clicking here OR call us, 855.444.2404.

Wish to nominate an Arizona school to participate?  Click here.

Should you ban employees from dating?

Coworkers flirting

Recently, Culture Engineered was asked by the Huffington Post how an employee should ask a co-worker out on a date.  While a topic dreaded by most HR and People professionals, it led us to consider whether or not a non-fraternization policy still holds any relevance in today’s workplace.  Do these policies protect the company legally?  How does workplace romance impact a company’s culture?  Below we consider these challenges faced by employers managing employee conduct.

Non-Fraternization Policies and the Law

Traditionally, a company policy is designed to keep the balance of power between employees (as individuals) and the company as a whole – defining good versus bad conduct and consequences that are associated with the bad.  But, can policies apply to conduct outside of work such as with romantic relationships?   A quick glance at statutes in California (Lab. Code § 96k), Colorado (Rev. Stat. § 24-34-402.5), Louisiana (La Rev. Stat § 23:961), New York (N.Y. Lab. Code § 201-d), and North Dakota (ND Cent. Code Sec. 14-02.4-01), such a policy seems useless in preventing workplace romances from developing.  Local governments within these states have similar statutes and rules prohibiting employers from taking adverse action on employees for off-duty, off-company-premises conduct, so long the conduct is lawful.  Looking deeper however, interpretation of these statutes is narrow when it comes to office romances, failing to recognize a romantic activity as a “protected recreational activity”.  So, while non-fraternization policies may cause some gray areas to surface within a company, the good news is that when challenged, they are being upheld.  But a word of caution:  be specific.  A broad non-fraternization policy may constitute as interfering with employee rights to engaged in concerted activity, protected by the National Labor Relations Act (NLRA) – a BIG NO-NO.  These rulings have not been so favorable for employers (ie Guardsmark, LLC v. NLRB, 2007 WL 283455 D.C. Cir. 2007).

Romance Impact to Culture

Everyone likes a good love story.  How is this viewed today by employees when it’s happening in the workplace?  In the case of two California Department of Corrections employees working at a prison where the warden was having an affair with three other employees – not so good.  Although all employees engaged in the “relationship” were consenting individuals, the situation still resulted in a sexual harassment suit.  Not that surprising?    How about the fact that no sexual advances or harassing comments had ever been made to either plaintiff?  Miller v. Department of Corrections, No. S114097, 2005 WL 1661190 (Cal. 2005) plaintiffs alleged the favoritism shown to those who engaged in a sexual relationship with the warden caused the plaintiffs to be subjected to a hostile work environment.  The California Supreme Court ruled in favor of the plaintiffs causing companies even more reason to be concerned about workplace relationships – even when consensual.  But with all the studies on workplace camaraderie and positive correlation with employee engagement, there has to be some benefit to employees liking each other enough to date, right? Unfortunately, modern studies on this issue bring something we already associate with workplace romances – complexity.  In a 2016 study, researchers sought to investigate the relationship between romance in the workplace and employee engagement.  Employees participating in a romantic relationship with a coworker for the purpose of improving their workplace status had lower levels of employee engagement.  While this result was anticipated by researchers, the impact uncertainty plays in workplace relationships with regards to engagement was not.  Rather than a decrease to employee engagement, engagement increases the more uncertainty within the relationship!  So while a recent CareerBuilder survey found 37% of people say they have dated a coworker of which 33% have led to marriage – clearly not all coworkers are thrilled about it.  But you have a policy, so that can’t be happening in your company, right?  The same survey shows that 45% of survey were unsure if their company had a dating policy.  Yes, another study to suggest only HR reads the handbook – great.

In summary – some guidance is needed in the workplace and when it comes to office romances.  It’s unlikely that a healthy balance will happen organically.  Too strict of a policy – a company is likely to lose talent and make for an unrealistic vibe in which employees are forced to leave or lie.  Too vague of a policy – layout the welcome mat for the NLRB and expect to have some weird discussions with your leaders (23% of CareerBuilder survey participants admitting to dating someone in the office say they dated someone at a higher level within the company).  Take a proactive approach.  Develop your policies around the culture you wish to create rather than reactively creating policies solely to ward off lawsuits.  Only good employees follow policies, bad employees look for loopholes – and find them.  Review your policies today – who are you tailoring them to?

WHERE HAVE ALL THE TEACHERS GONE…..AND WHAT ARE SCHOOLS DOING TO KEEP THEM?

According to a report by the Learning Policy Institute, four leading factors, contributing to a national teacher shortage are: 1) a decline in teacher preparation enrollments, 2) district efforts to return to pre-recession pupil-teacher ratios, 3) increasing student enrollment, and 4) high teacher attrition.  While often labor shortages can be temporary, reflective of a change to an industry or economy, this four-part combination, consisting of issues in attracting new teachers as well as retaining existing teachers suggests more of a failing culture of an entire profession.  Even be more alarming?  How school districts are responding to the shortage when compared to other industries faced with this same challenge.

Education is not the only industry experiencing a labor shortage.  Various news sources suggest that the US is suffering from labor shortages in skilled laborers, truckers, manufacturing, landscaping, and even hospitality.  It is however perhaps the industry with the slowest reaction.  Though reasons for each shortage may vary, it’s important companies within each affected industry look to focus recruiting and retention strategies around these driving forces.  When faced with staffing challenges employers are forced to innovate and again give attention to their most valuable asset – their people.  So, as dealerships shift their recruiting efforts to technical schools, or companies incorporate profit sharing incentives into skilled laborer compensation packages, it seems very little has changed in recruiting or retaining teachers.  Below are two of the most common “people strategies” implemented in a time where competing for talent is fierce.  Are schools in your community competing for talent?

Get social.

Perhaps the most powerful strategy given the role social media plays in society – social media, when used wisely, can be helpful in both attracting and retaining talent.  Monster.com provides a brief case study of Sodexo, a company committed to helping corporate clients improve performance and promote well-being through a variety of life service offerings, who after incorporating social media in their recruiting efforts saw a 25% increase in candidates. In a separate Monster.com article, social media is labeled a “virtual water cooler”, a powerful tool when shaping a workplace culture with intention.  Although navigating the world of social media within the workplace may be tricky – particularly for the public sector – is it a risk worth trying?  With growing student enrollment, high attrition, and low recruitment, shortages are predicted to grow to 112,000 by 2018.  By monitoring social media accounts and implementing a healthy social media policy, could school districts create a brand worth following?

Know your team.

What drives your teachers to teach?  As any manager or supervisor should be able to answer this simple yet important question about the people that report to them – a Principal or Superintendent should be able to answer this same question regarding their teachers.  Whether through a survey or one-on-one conversation, knowing your team is key.  If you can’t answer this question about the team you represent, make it a point to ask the question next meeting.  The asking is the most important part.  Recognizing and respecting their answer is an extremely close second.  The answer they provide, keeping in mind that it may change over time, is the key to keeping them engaged….and whether the private sector or public sector, engaged employees are critical to success.  According to Gallup’s State of the American Workplace report, engaged employees have 41% lower absenteeism, 24% lower turnover, and 17% higher productivity – all extremely beneficial when workload is high but headcount is low.

So, while many discussions focus on better pay and benefits – also important aspects to consider when examining a labor crisis such as that of teachers – consider what the schools are doing in your community now regarding these two solutions that can be done for minimal cost.  They are solutions well-tested in the private sector, helping to distinguish the ideas of tomorrow from the antiquated traditions of the past.  Cinematographer, Conrad Hall said, “You are always a student, never a master.  You have to keep moving forward.”  Can the lessons in human capital learned from business be key to advancing education forward?

Contact a Culture Engineer

5 MYTHS ABOUT THE AZ PAID SICK TIME LAW SOON LEADING TO PENALTIES

On November 18th, 2016, Arizona’s Fair Wages and Healthy Families Act (Prop 206), passed with high voter approval increasing both minimum wage and mandated paid sick leave for Arizona employers.  While the minimum wage increase has been in effect since January 1st, the paid sick time portion of the mandate takes effect July 1st.  Generally, a state without severe weather, this new paid sick time standard is likely to rock Arizona employers like a hurricane largely due to the lack of attention received as most headlines focused on the minimum wage impact to employers.  Unfortunately, silence appears to have left many employers being unaware of the paid sick time portion or feeling they are unaffected.  Here are the top 5 myths we have found, leaving employers ill-prepared for the July 1st change.

Myth #1 – The Fair Wages and Healthy Families Act doesn’t apply to companies with fewer than 15 employees.

Perhaps the most common myth we’ve uncovered, unlike other similar labor laws and protections, the Fair Wages and Healthy Families Act does not have a small business exemption.  Under the Act, “employer” is defined as any corporation, proprietorship, partnership, joint venture, limited liability company, trust, association, political subdivision of the state, individual or other entity acting directly or indirectly in the interest of an employer in relation to an employee, but does not include the state of Arizona, the United States.  Therefore, the new law applies whether the company has one employee or 1,000 employees.  The only aspect that differs based on number of employees is the minimum cap of either 40 hours of paid sick time for employers with 15+ employees and 24 hours of paid sick time to employers with less than 15 employees.

Myth #2 – Only full-time employees are entitled to paid sick time under the Fair Wages and Healthy Families Act.

Employees, full-time and part-time alike, are to accrue one hour of sick time for every 30 hours worked.  While many larger employers likely have some sort of time off or better yet, sick time benefit and policy, it’s possible that it speaks to only full-time employees.  This change then forcing even larger, more prominent Arizona employers to revise their policies and practices around paid sick time.

Myth #3 – Seasonal and/or temporary employees are not eligible to accrue paid sick time.

Employees are to accrue paid sick time upon hire or July 1st, 2017, whichever is later – period.  Employers can however, implement a 90-day waiting period before allowing employees to use their accrued sick time.  So, it is possible to hire a seasonal or temporary employee for a 90-day period in which he/she will accrue paid sick time but will not meet the eligibility requirement to use it, so long as the duration of employment does not exceed 90 days, required by your sick time policy.  If an employee leaves the company and is rehired within nine months from separation, the employee is entitled to any previously accrued, unused paid sick time immediately upon rehire.  In summary, if employment exceeds 90 days or the employee should be rehired within nine months of separating, the employee, regardless of whether or not he/she is working in a temporary or seasonal capacity, becomes eligible to use accrued paid sick time.

Myth #4 – Straight commission employees are not entitled to paid sick time.

Here’s where things get tricky as Prop 206 does not clearly address the issue of calculating paid sick time rates for those with variable pay (due to commissions or “piecework” type pay systems).  Instead, employers should look to the enforcing agency, the Industrial Commission of Arizona which encourages employers, in the absence of guidance, to calculate an average hourly rate using time worked and compensation earned in the previous 90 days.  Needless to say, payroll processors can anticipate a frustrating first few payroll runs following July 1st in calculating sick time payouts for unique pay structures.

Myth #5 – Companies with PTO accruals that exceed 40 hours/year do not need to be reviewed.

Aside from the financial and administrative burdens associated with the changes brought by the Fair Wages and Healthy Families Act, there are also legal challenges, particularly for small employers.  Employers with less than 15 employees are likely unfamiliar with handling retaliation, and discrimination claims or reasonable accommodation discussions.  This law allows for employees to use paid sick time for a variety of reasons, beyond what many may associate with the notion of sick time, forcing some potentially risky conversations to take place between employees and untrained managers.  Acceptable reasons for an employee to use accrued sick time as outlined in the Act include:

  • An employee’s mental or physical illness, injury or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; an employee’s need for preventive medical care;
  • Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive medical care;
  • Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of his or her exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
  • To relocate or seek legal or medical services for the employee or family member who was subject to domestic violence, sexual violence, abuse or stalking.

So, when your employee calls out, do you ask for a reason?  If your policy is to avoid questioning absences because you have a PTO policy (and do not designate sick from vacation time), have you inadvertently given way for the employee to use the entire PTO balance to cover incremental unplanned absences?  Can coming in late, leaving early, and any schedule deviations then become unmanageable.  This is especially important as this Act also protects activities related to paid sick time in a way similar to the Family Medical Leave Act.

The Act does allow an employer to require reasonable documentation for absences of three or more consecutive days; however, “reasonable” as outlined in the Act is broad.  Attempts by the employer to challenge documentation should be done so with extreme caution given protections in using sick time.  Furthermore, employees are to be made aware of this change – informed of how much time they have accrued and used with each pay period.

 

With far reaching impact, particularly for small-to-medium sized Arizona companies, it’s important businesses start taking note now as July 1st is quickly approaching.  Like most things, waiting until the deadline will only allow for more expensive and less effective solutions.  Take the time to review the changes or engage a local expert to help guide your company with the Fair Wages and Healthy Families Act. Labeled by supporters as a substantial step in ensuring Arizonans can “take care of their families without risking their jobs”, we now need to ensure companies are taking care of their employees without risking their ability to succeed.

REQUEST HELP WITH PROP 206 COMPLIANCE

When is break time?

Why do you offer breaks to your employees? Is it good for morale? Does it help ensure better quality? Well, for 21 states, if you’re a company operating in the private sector – it may be because it’s required.

Private sector employers in California, Colorado, Connecticut, Delaware, Illinois, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Tennessee, Vermont, Washington, and West Virginia have minimum requirements for meal and/or break periods. While a company may choose to go above and beyond the minimum, the following is important for all employers to make note of, regardless of state requirements:

Track time worked by hourly employees
The actual time “worked” by an employee is a very valuable piece of information as it is used for a variety of calculations and reports. Internally, this figure can be used to determine productivity and efficiency, employee benefit eligibility, leave entitlement, and calculating overtime for payroll purposes. More broadly, this figure is reported in annual OSHA 300(A) logs, and may even be what makes or breaks a company’s worker’s comp rates (as rates take into account payroll dollars). Should the company for any reason be subjected to an audit, employers can most certainly expect to be questioned about “time worked” – given the impact this figure has on a company, and its employees. So, aside from being able to track and comply with break period requirements, an accurate “time worked” figure for hourly employees will be beneficial, legally and financially.

Consider breaks as part of an accommodation
What if an employee is taking more frequent or longer breaks than permitted? Is this a behavioral issue? Should you warn the employee or perhaps dismiss them altogether? Before moving too quickly to judgement, discuss (and of course document) a conversation with the employee. What is his/her reason for deviating from break policies? If it’s due to a medical condition or medical needs of the employee, be prepared for an accommodation discussion. A request for accommodation is not always an obvious or formal interaction. As with most expectation conversations – it’s best to first have a discussion with the employee to understand the reasons behind issues around behavior or performance. A simple accommodation such as an additional or extended break may be a worthwhile step in retaining an exceptional employee as well as avoiding unnecessary, public, legal issues.

Don’t overlook employee morale
What does your policy around breaks say about your company? Does it suggest a company that is concerned about its employees and their well-being? Or, does it suggest a company that offers only what it must? Company culture is not something that is created in a mission statement or on a company website, but collectively by policies, practices, priorities – put together and/or upheld by the company’s leadership. Let your policies reflect the priorities of the company while taking into consideration minimum requirements. Then consider, “is the minimum enough for us”?

Requirements for the 21 states listed above may be found on the US Department of Labor Wage & Hour website. Be sure your policies and practices around breaks and rest period are compliant today.

https://www.dol.gov/whd/state/meal.htm

Contact a Culture Engineer

LOOKING FOR A NEW CAREER OPPORTUNITY? WHICH SOUNDS IDEAL TO YOU?

Option 1:

  • Amazing travel benefits for you and your family (although you may want to hold off on booking that trip to China for a while)
  • Great work-life balance
  • As an employee, your travel is PRIORITY – more important than even purchased customer travel
  • Opportunity to serve as an authority on fashion when it comes to boarding flights (your ability to pass judgment is not limited to adults – teenager attire may also be subject to your personal views)
  • Running late for your next shift OR you need to catch a return-flight home? Don’t worry!  The company will aggressively and proudly drag even an elderly, paying customer from a seat so that you can fly comfortably without delay.  A policy supported by the CEO (for a while at least).

Option 2:

  • Contribute to technology that may change modern society’s manner of daily travel
  • Work alongside some of the greatest minds in tech
  • Receive unwanted sexual advances by your manager…on your first day (Don’t worry though….HR only tolerates it because he is a great performer. If he was a bad performer…he’d be out.
  • Advance self-driving technology without stress or accountability since it’s technology claimed to have been stolen by Google anyway

Good news – both companies are hiring and will probably be looking for PR and HR professionals for quite some time.  For employees working with well-known brands – not all press is good press.  Look to leverage your company’s brand with employees in positive times and address challenging public blunders as you would with customers.  When it comes to the product of “employment”, employees are perhaps the most valuable of consumers.  What are you doing to market to your employees?

Contact a Culture Engineer