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EMPLOYERS RESOURCE ASSOCIATION BRIEFS Career Fair 9 Legislative Update 10 Counsel’s Corner 11 Lean Sigma Yellow Belt - COLUMBUS 12 ERA Member Survey 13 Compensation Corner 14 Essentials of Selling 15 ERA Contact List 16 President’s Message 1 Survey Update 2 Central Ohio Connection 3 Welcome New Members 4 Member Highlights 5 From the Hotline 6 Issues Forum 7 Employee Opinion Surveys 8 Inside this issue: Member Update January 25, 2008 From the President What Can We Do For You? As we enter into the first quarter of 2008, we would like to take a moment and thank our membership for the outstanding support you have provided the Association over the past year. We now stand at a record 1,467 members spanning the Cincinnati, Dayton, Columbus, Northern Kentucky, and Eastern Indiana marketplaces. What did our members utilize most in 2007, of the services we provide to membership? A record 5,022 member employees attended 288 Employers Resource training programs. Over 7,600 calls were made to the Association’s HR “Hotline.” Over 5,600 copies of the Association’s Annual Wage, Salary, & Policy Surveys were distributed to members. Over 700 members attended ERA sponsored Roundtables, Issues Forums, and Legal Briefings. Nearly 900 member organizations utilized additional ERA services, particularly in these critical areas: Affirmative Action Plan Design Compensation Consulting Employee Opinion Survey Design and Execution On-site HR Assistance Legal Compliance with Current Employment Law and HR Practices and HR Audits We look forward to serving you this year and for many years to come. Thank you! Jennifer Graft, SPHR

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Page 1: EMPLOYERS RESOURCE ASSOCIATION BRIEFS › pdf › consulting › free › insight › 200801.pdfPlymouth Realty and Management Co. Plymouth Realty and Management Co. is a full-service,

EMPLOYERS RESOURCE ASSOCIATION BRIEFS

Career Fair 9

Legislative Update 10

Counsel’s Corner 11

Lean Sigma Yellow Belt - COLUMBUS 12

ERA Member Survey 13

Compensation Corner 14

Essentials of Selling 15

ERA Contact List 16

President’s Message 1

Survey Update 2

Central Ohio Connection 3

Welcome New Members 4

Member Highlights 5

From the Hotline 6

Issues Forum 7

Employee Opinion Surveys 8

Inside this issue:

Member Update January 25, 2008

From the President

What Can We Do For You?

As we enter into the first quarter of 2008, we would like to take a moment and thank our membership for the outstanding support you have provided the Association over the past year. We now stand at a record 1,467 members spanning the Cincinnati, Dayton, Columbus, Northern Kentucky, and Eastern Indiana marketplaces.

What did our members utilize most in 2007, of the services we provide to membership?

• A record 5,022 member employees attended 288 Employers Resource training programs. • Over 7,600 calls were made to the Association’s HR “Hotline.” • Over 5,600 copies of the Association’s Annual Wage, Salary, & Policy Surveys were distributed to

members. • Over 700 members attended ERA sponsored Roundtables, Issues Forums, and Legal Briefings. • Nearly 900 member organizations utilized additional ERA services, particularly in these critical areas:

• Affirmative Action Plan Design • Compensation Consulting • Employee Opinion Survey Design and Execution • On-site HR Assistance

• Legal Compliance with Current Employment Law and HR Practices and HR Audits

We look forward to serving you this year and for many years to come. Thank you!

Jennifer Graft, SPHR

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Page 2 EMPLOYERS RESOURCE ASSOCIATION

OFFICERS

• *CHAIRMAN Michael J. Kelley, Chairman & CEO Kelvest, Inc.

• *VICE-CHAIRMAN Gene E. Kalhorn, President TAPCO Products, Inc.

• *TREASURER Lynn M. Mangan, Vice President, Client Services Paycor, Inc.

• *SECRETARY Jennifer M. Graft, President & CEO Employers Resource Association

• *PAST CHAIRMAN Daniel R. Kroeger, President & CEO Gold Medal Products Company

BOARD OF DIRECTORS

• Leslie Bumgarner, President/CEO Telhio Credit Union

• Sherry Dancy, President The Dancy Group

• Dan Knight, Vice President, HR Fifth Third Bank

• Thomas J. Schaefer, Managing Director Wells Fargo Insurance Services

• Kelly Turley, VP Human Resources The W.W. Williams Company

• Robert W. Zumbiel, President C.W. Zumbiel Company

* Executive Committee Members

Happy New Year! Surveys are already off to a strong start in 2008 with the Office & Clerical Survey. This comprehensive survey covers 51 non-exempt positions in fields such as: Accounting, General Administrative, Computer Operations, Sales/Marketing Support, Human Resources, and Production support. The deadline has been extended until Friday, February 1, so you still have time to return your questionnaires.

National HR Metrics Survey Deadline Extended Until January 31!

What’s the time it takes for your organization to fill a position – within a

month? Consider your organization’s turnover and absence rates – are they desirable? Do you know the revenue generated per employee in your organization and then the benefit cost as a percentage of revenue? Are these in line with your organization’s business strategy? How does your organization compare with others in the area? Interested in some of these statistics but not all? The HR Metrics Survey lets you choose! This survey lets you focus on the initiatives that are most relevant to you. Your submission to at least one calculator will give you access to a free copy of the national and local results.

Here are the current survey deadlines:

Office & Clerical: Extended to Friday, February 1 National Executive Compensation: Friday, February 15 National HR Metrics Survey: Thursday, January 31

If you have any questions about our survey processes or need assistance

with completing your survey questionnaires, please do not hesitate to contact Douglas Christian in the Survey Department. E-mail [email protected] or call 513.679.4120 and toll free at 888.237.9554.

Survey Update

New Association Relationship

The Business Courier is pleased to announce its alliance with Employers Resource Association. As the leading provider of breaking local business news for the Greater Cincinnati region, the Courier is committed to helping tri-state professionals improve their careers and grow their businesses. Delivered via print to subscriber’s homes each Friday, as well as updated daily at www.cincinnati.bizjournals.com, the Courier reaches over 50,000 of the area’s business leaders.

All Employers Resource Association members are entitled to a special subscriber discount with the Courier. To receive your one-year subscription (52 issues plus the annual Book of Lists) for $75, please contact Courier representative, Amy Goodwin, at 513.337.9468 or e-mail [email protected].

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THE HR PROFESSIONALS SINCE 1946 Page 3

Central Ohio Connection

How to Save $2.5 Million

On January 2, 2008, the Equal Employment Opportunity Commission (EEOC) announced the largest-ever settlement for an individual race discrimination case.

Lockheed Martin of Bethesda agreed to pay Charles Daniels $2.5 million to settle his claims of persistent racial discrimination that occurred during his two-year tenure. The EEOC said that the Human Resource Director was aware of the racial comments, but dismissed them as “boys will be boys.”

Lockheed, on the other hand, states that the EEOC has distorted the facts in this case and that company officials took “appropriate remedial actions based on the facts presented at the time.” However, they chose to settle so that all parties could move on.

This case is a wake-up call for all employers. What preventative measures are being taken at your organization? Publishing written policies prohibiting this type of behavior and outlining procedures for filing a complaint is a good first step. Yet if this is the only action taken, it is akin to putting an adhesive bandage on a gaping wound which requires several stitches. Training for all employees is needed to ensure proper healing of old wounds and to prevent future infection.

We recommend that you consider the following guidelines as you develop your employee training:

Have a minimum of two hours in length for employees and three hours in length for leaders Clarify the differences between illegal discrimination, harassment and/or retaliation versus

inappropriate behavior in the workplace

Cover “Workplace Harassment,” rather than focusing exclusively on “Sexual Harassment” Address applicable federal and state laws Review the organization’s policies and procedures, including complaint procedures and

consequences for policy violations Be highly interactive Be facilitated by a qualified trainer

Contact us today to schedule this important training for your organization.

Julie Blankenship, SPHR

“The program was very helpful and eye-opening. I am glad ODU has offered the program.”

Anonymous Participant

Ohio Dominican University

Staff Contact for Cincinnati: Ralph Neal, VP of Educational Services [email protected] 513-679-4120

Staff Contact for Columbus: Julie Blankenship, Human Resource Consultant [email protected] 614-538-9410

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EMPLOYERS RESOURCE ASSOCIATION Page 4

Ardus Medical Inc. is located in CIncinnati, OH. Troy Powell is President. Mark Gleis is HR Manager. Cohen Brothers Inc. is located in Middletown, OH. Craig White is HR Director. Down Syndrome Association of Central Ohio is located in Columbus, OH. Jennifer Truby is Chairman of the Board. Beth Savage is Treasurer. Mitzi Amon is Board Member. Four Points Real Estate Development, Ltd. is located in Columbus, OH. Jonathan Willett is Member. Kristin Burke is Management. Hodge Cramer & Associates, Inc. is located in Columbus, OH. Michelle Cramer is President. Dawn Robinson is Director of Operations. K4 Architecture, LLC is located in Cincinnati, OH. Jeffry C. Klump is President. Shelly Ridge is HR Coordinator. Stacie Dearing is Director of Corporate Services. Kellogg’s Snacks is located in Florence, KY. Kathy DeForrest is Plant Director. Holly Pelfrey is HR Manager. KEMBA Financial Credit Union is located in Gahanna, OH. Gerald Guy is President & CEO. Diana Fahle is Assistant Vice President of HR. Kendle International is located in Cincinnati, OH. Candace Kendle is Chairman & CEO. Jennifer Bellm is Office Manager. Robert Enos is Director, Human Resources. The Lawncare Company LLC is located in Pataskala, OH. Troy Boren is President. Jennifer Boren is Vice President. Lazer Kraze is located in Mason, OH. Robin Wilcox is President. Dale Wilcox is Vice President. Ohio Valley Cable Services, Inc. is located in Columbus, OH. Doug Tompkins is President/CEO and CFO. Susan Nault is HR Manager. Pamela L. Tickel, D.C. is located in Cincinnati, OH. Dr. Pamela L. Tickel is CEO. Pioneer Vending is located in Cincinnati, OH. Bill Westerhaus is President. Terry Westerhaus is Vice President. Lori Brozonis is Office Manager. TSS Tech is located in Cincinnati, OH. Brent Nichols is President. Valarie Bockart is HR Director. Anita Meiman is HR Manager. United American Energy is located in Cincinnati, OH. Barbara O’Hare is COO. Nancy Ellery is HR Director. Vision 2015 is located in Covington, KY. Michael Hammons is President. Ms. Lou Settle is VP Operations.

Welcome New Members!

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THE HR PROFESSIONALS SINCE 1946 Page 5

The Alleen Company

The Alleen Company is an event rental company. We rent tents, tables, chairs, china, linens, monte carlo equipment, etc. We provide rentals for every event, from small backyard barbecues to major festivals, and everything in between.

(Member since 2007) **********

Baker and Daboll, Inc.

Named after their grandmothers, the founders of Baker and Daboll started their business in 2005 with a small budget and big dreams. Today, with annual double-digit growth rates, Baker and Daboll is one of the tri-states’ biggest leadership development and executive coaching firms. Fueled by client investments in succession planning, Baker and Daboll expects the next 5 years to see continued growth.

(Member since 2007) **********

Plymouth Realty and Management Co.

Plymouth Realty and Management Co. is a full-service, vertically integrated retail and real estate development company headquartered in Columbus, OH. We have over 80 years of experience in our field, and our clients count on us to provide innovative and creative solutions for their needs. We are actively developing projects in Ohio, Indiana, Illinois, Michigan, Florida, and California.

(Member since 2007) **********

United Way of Greater Lima

United Way of Greater Lima supports 27 partner agencies through an annual campaign and through community collaborations. Services provided through the United Way include pre-school services, support for the success of children through graduation, family support services, elderly services, and emergency assistance. Currently, our community collaboration is working to assure that all county children succeed.

(Member since 2007)

THE HR PROFESSIONALS SINCE 1946

Member Highlights

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Page 6

COLUMBUS TRAINING

Understanding & Managing Generations In The Workplace will take place on Wednesday, February 13, 8:30 a.m. to 11:30 a.m.

Wage & Hour Law Essentials will take place on Tuesday, February 26, 8:30 a.m. to 11:30 a.m.

Investigating Employee Complaints & Misconduct will take place on Wednesday, February 27, 8:30 a.m. to 11:30 a.m.

CINCINNATI TRAINING

Making the Transition to Supervisor

will take place on Tuesdays, February 5, 12, 19 & 26, 8:15 a.m. to 12:15 p.m.

OSHA 10-Hour General Industry Outreach Training Program will take place on Tuesdays, February 5 & 12, 9:00 a.m. to 3:00 p.m.

The Essent ia ls o f Sel l ing: A Complete Process will take place on Tuesdays, February 5, 12, 19 & 26, 8:15 a.m. to 12:15 p.m.

C o m p l e t e C o m p e n s a t i o n : Design & Implementation will take place on Wednesdays, February 6, 13, 20, 27 & March 5, 8:30 a.m. to 12:30 p.m.

B e h a v i o r a l I n t e r v i e w i n g Techniques wil l take place on Thursday, February 7, 9:00 a.m. to 3:30 p.m.

Exceptional Customer Service will take place on Wednesday, February 20, 9:00 a.m. to 3:30 p.m.

The Complete Recept ion is t will take place on Friday, February 22, 8:30 a.m. to 5:00 p.m.

Investigating Employee Complaints & M i s c o n d u c t w i l l t a k e place on Tuesday, February 26, 8:30 a.m. to 11:30 a.m.

Terrific Telephone Sales will take place on Thursday, February 28, 9:00 a.m. to 3:30 p.m.

To register for classes, e-mail [email protected]

or call 888.237.9554.

IRS Announces 2008 Standard Mileage Rate Increase

The Internal Revenue Service issued on November 27, 2007, the 2008, optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes.

Beginning January 1, 2008, the standard mileage rates for use of a car (including vans, pickups, or panel trucks) will be as follows:

• 50.5 cents per mile for business miles driven, compared to a rate of 48.5 cents per mile for 2007;

• 19 cents per mile driven for medical or moving purposes, compared to 20 cents per mile in 2007; and

• 14 cents per mile driven in service of charitable organizations, which remained the same, and is set by law.

The standard rate for business is based on an annual study of the fixed and variable costs of operating an automobile; the standard rate for medical and moving purposes is based on the variable costs as determined by the same study. Runzheimer International, an independent contractor, conducted the study for the IRS.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS), after claiming a Section 179 deduction for that vehicle, for any vehicle used for hire, or for more than four vehicles used simultaneously.

EMPLOYERS RESOURCE ASSOCIATION

From the Hotline

NLRB Makes New Rules For Workplace E-mail

The National Labor Relations Board (NLRB) issued its long-awaited decision on employer e-mail policies on December 21, 2007. In a 3 to 2 decision, the majority ruled that the e-mail policy of the Eugene, Oregon, newspaper The Register-Guard was not a violation of the National Labor Relations Act.

The NLRB’s Guard Publishing Company decision recognizes that an employer who forbids solicitations on its e-mail network for unions and all other outside products and organizations is not unlawfully discriminating against unions simply because the employer permits employees to use e-mail at work for other communications unrelated to the employer’s business.

They used the reasoning of the Seventh U.S. Circuit Court of Appeals, noting that in two cases involving the use of employer bulleting boards, the court had distinguished between personal non-work-related postings such as for-sale notices and wedding announcements, and “group” or “organizational” postings such as union materials.

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Page 7

Wednesday, February 13, 2008 12:00 p.m. Luncheon 12:40 p.m. Speaker / Q&A 1:30 p.m. Adjourn

Sharonville Convention Center - 11355 Chester Road - Cincinnati, OH

If you are associated with an Ohio business, you probably know that workers’ compensation can take a giant bite out of your budget. Sometimes it seems that minimizing this burden is beyond our control. Fortunately, that is not necessarily the case. The BWC has plans and programs to make you a safer employer - and, of course, to save you money in workers’ compensation system costs. This Issues Forum will give you valuable information to help you take advantage of these services.

Learn from an expert! Plan to attend the Issues Forum and Luncheon on Wednesday, February 13, 2008

at the Sharonville Convention Center from 12:00 noon until 1:30 p.m. Our speaker will be Shane Blair, BWC Regional Representative.

His job is to present the bureau and its programs and services to Ohio Employers. We invite you to come, learn, and save money!

We hope to see you there.

Due to space restrictions, reservations are required.

Cost of participation for members is $25, and for non-members is $35. Pre-payment is required for non-members.

“No shows” and late cancellations (less than 48 hours prior) will be charged.

Please reserve spaces for the Issues Forum Luncheon on February 13, 2008, for the following:

1. Company 2. Phone number 3. Check enclosed Please invoice

Visa Master Card American Express Discover

Card Number : Expiration Date: Name of Cardholder : Billing Address :

Please fax, mail, or e-mail your registration to: [email protected]

Employers Resource Association 1200 Edison Drive, Cincinnati, OH 45216-2276 Fax 513-679-4139 Phone 513-679-4120

OHIO BUREAU OF WORKERS’ COMPENSATION How It Works and What It Can Do For You!

ISSUES FORUM

THE HR PROFESSIONALS SINCE 1946

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Page 8

Best Places to Work

A number of organizations have begun programs to honor companies as a “Best Place to Work.” As a part of judging how good the company is as a place to work, most of these require companies to conduct an employee opinion survey. Why do that? Because companies that ask employees their opinions of the workplace and seek to make it better are companies who care about their employees. These companies are also very astute from a business perspective. They understand that an engaged employee is a company’s best asset, and also that the most accurate way to know whether employees are engaged is quite simply asking them.

Employers Resource Association has conducted Employee Opinion Surveys for many years. Our surveys cover eleven components including:

Management Effectiveness Working Conditions Supervisory Effectiveness-Management Skills Supervisory Effectiveness-People Skills Communication Compensation and Benefits Quality and Productivity Policies and Practices Employee Development and Recognition Quality of Work Life Reaction to This Survey

One of the advantages of our surveys is that a company’s results are compared to national and regional norms.

This gives the company the ability not only to discover how their employees perceive the workplace, but also to understand how common those perceptions are among the workforce.

Beginning in 2008, we will be offering an additional dimension to the surveys. The national norms will be offered in a number of industry-specific norms. Those specific industries having norms include:

Distribution Manufacturing Healthcare Finance Construction Service Professional Not-for-Profit

If you want to make sure your employees are engaged,

give us a call to discuss conducting an Employee Opinion Survey.

In Columbus, contact Lori Hall at 614.538.9410 or [email protected]. In Cincinnati, contact Carol Reubel at 513.679.4120 or [email protected].

EMPLOYERS RESOURCE ASSOCIATION

Employee Opinion Surveys

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Page 9 THE HR PROFESSIONALS SINCE 1946

Career Fair

RecruitMilitary’s Career Fair Focuses on Veterans

RecruitMilitary is pleased to announce our first veteran career fair of 2008 to take place. Based in Loveland and a member of ERA, they will produce a Career Fair at the Northern Kentucky Convention Center on February 7th. There will be two more career fairs in Cincinnati on May 1st and September 4th. This is RecruitMilitary’s third year as a producer of career fairs, and they have established a reputation for conducting outstanding recruiting events. Their national career fair schedule has been expanded to 104 events in 44 cities for 2008, up from 45 events and 22 cities in 2007.

At these events, employers will conduct one-on-one interviews with hundreds of job seekers who have mili-tary backgrounds, veterans with a wide variety of business experience, personnel who are transitioning from ac-tive duty to civilian life, members of the National Guard and Reserve forces, and military spouses. RecruitMilitary provides a 10% discount off the list price for booths at the event to ERA member companies!

RecruitMilitary was founded in 1998. All of its owners, officers, account executives, and candidate recruiters are either veterans or active or former reservists. Matt Luther served in the Army from 1992 to 2001 as a Blackhawk helicopter instructor pilot. He continues to serve today in the Ohio National Guard as an instructor pilot/instrument examiner. He is also the Vice President of National Guard Affairs for the Southern Ohio Chapter of the Association of the United States Army and a military liaison for Employer Support of the Guard and Reserve.

The overwhelming majority of military personnel work in military employment categories that have easily recognized civilian counterparts, ranging from “Engineering, Science, and Technical” and “Machine Operator and Precision Work” to “Transportation and Material Handling” and “Executive, Administrative, and Managerial.” Personnel who have been trained in combat occupations make outstanding leaders in Corporate America. Veterans can help employers meet diversity goals with regard to ethnicity and gender. Active-duty personnel are 20% African-American, 9% Hispanic, and 15% female.

ERA and RecruitMilitary launched the Veteran Hiring Initiative in the spring of 2006. The initial offering was a 10% discount on RecruitMilitary’s online hiring mechanisms including job postings, database subscriptions, and e-mail blasts. At that time, more than 110,000 job candidates had registered in the database at www.recruitmilitary.com. Since then, the database has grown to over 187,000 - and the 10% discount remains a member benefit.

If you would like to register for the Career Fair or to learn more, please contact Matt Luther, Director of RecruitMilitary Media Sales, at 513.683.5020 or [email protected].

NAM Board Member Offers Advice to Veterans Applying for Manufacturing Positions

from Manufacturing Economy Daily, January 23, 2008

In an opinion-editorial in the Business Ledger (1/22), Sandra Westlund-Deenihan, president of Quality Float Works, Inc. and board member for the National Association of Manufacturers (NAM), wrote that she believes companies should "embrace military personnel and veterans who already possess the qualities today's workforce is lacking." But, while many firms are looking for veterans, Westlund-Deenihan "discovered that one of the reasons employers and veterans might not be in sync is the lack of resume clarity."

While many "military veterans possess amazing skills and experience that employers desperately need… oftentimes the description [in a resume] is so specialized and geared toward military descriptions that it prevents candidates from being considered for potential positions." Westlund-Deenihan then offers tips for veterans hoping to make their resume more employer-friendly, such as avoiding military jargon by having a friend from outside the military help put duties into laymen's terms.

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Page 10

Legislative Update

Judicial Summary by Carolyn Potter, ERA Human Resource Consultant

A number of our members have asked us to be more proactive when legislation is pending. As a result, we will be notifying you of legislation that may have an impact on how you do business. Just such legislation was introduced on January 8, 2008, in Ohio. This initiative is innocently called “The Healthy Families Act.” Ohioans for Healthy Families, a group supported by the SEIU and AFL-CIO, submitted the proposed legislation requiring private employers with 25 or more employees to provide a minimum of seven (7) paid sick days per year. Sick days are also available to part-time employees on a pro-rata basis.

Procedurally, the Secretary of State’s office has certified that the proposal had sufficient valid signatures to put the Act before the General Assembly. The Legislature will have 120 days to take action on the petition. If the legislature does not take action, Ohioans for Healthy Families will launch a signature drive to place the issue on the November 2008 ballot.

The Act goes far beyond simply mandating paid sick days. The proposed legislation specifies how the sick days are to be accumulated and permits a carry over of seven (7) days and contains no limit to the total bank of sick days that may be accumulated. It requires recordkeeping by employers for a three (3) year period and incremental sick leave in one-hour increments. If the leave is less than an hour the employer would be required to track leave in the smallest increment used by the payroll system.

The anti-retaliation provision prohibits discharge or discrimination against any employee for using paid sick leave or reporting violations. It also creates a private cause of action by employees or the attorney general including provisions for attorney’s fees and treble (three times) damages including wages, salary, benefits, or other compensation plus interest. The Director of Commerce has the enforcement powers under the proposed language that requires the posting of notices in the workplace, recordkeeping, and enforcement. Failure to post the sick leave notice in a conspicuous place could result in a fine of $100 for each violation.

There are numerous ambiguous provisions that would require comprehensive rules and regulations for proper guidance. The proposed Act opens the door wide to more litigation against employers, increases administrative expense, increases the cost of benefits per employee, and further interferes in the at-will employment relationship.

If you are interested in expressing your concern to legislators, a letter and listing of members of the Ohio legislature are available by following these steps: 1) Log on to www.hrxperts.org; 2) Click on “What’s New,” then 3) click on “Association News.”

If you have questions about these or other human resource issues, call our HR Hotline Dan Chaney

at 513.679.4120. For more information you may also e-mail [email protected], HR Consultant Carolyn Potter at [email protected], or our Staff Counsel Tom Eberwein at [email protected].

Carolyn Potter, JD, SPHR

EMPLOYERS RESOURCE ASSOCIATION

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Page 11

THE HR PROFESSIONALS SINCE 1946

Counsel’s Corner

The Supreme Court of Ohio Upholds Cap on Non-Economic and Punitive Damages

by Joseph B. Wells of member company Frost Brown Todd

On December 27, 2007, the Supreme Court of Ohio upheld two tort reform statutes enacted in 2004. In Arbino v. Johnson & Johnson, the Court ruled that legislation capping the non-economic damages that may be awarded to personal injury plaintiffs is constitutional. The Court also ruled that legislation limiting the amount of punitive damages that may be awarded to an injured plaintiff in certain tort actions is constitutional.

The two tort reform statutes that were challenged by the plaintiff in Arbino and ultimately upheld by the Supreme Court of Ohio, were enacted by the Ohio General Assembly in an effort to reduce “the uncertainty associated with the existing tort system and the negative consequences resulting from it.” The first statute, R.C. 2315.18, limits the amount of recovery for non-economic damages, which are intangible injuries such as damages for pain and suffering or mental anguish, to “the greater of (1) $250,000 or (2) three times the economic damages up to a maximum of $350,000.” These limits on non-economic damages, however, do not apply if the plaintiff suffered “permanent and substantial physical deformity, loss of use of a limb, or loss of a bodily organ system,” or “permanent physical functional injury that permanently prevents the injured person from being able to independently care for self and perform life-sustaining activities.” The other statute, R.C. 2315.21, “limits punitive damages in tort actions to a maximum of two times the total amount of compensatory damages awarded to a plaintiff per defendant.”

Proposed FMLA Amendment for Military Families

Relatives of injured servicemembers would be eligible for up to six months of unpaid leave in one 12-month period to provide care to the service-member if President George W. Bush signs an amendment to the Family and Medical Leave Act (FMLA). On December 14, 2007 the Senate passed the amendment, called the Support for Injured Service-members Act, as part of a U.S. Department of Defense authorization measure. The House had already passed the bill, and published reports indicate that Bush is likely to sign it.

The measure applies to the care of Armed Forces members, National Guard members, and Reservists who are undergoing medical treatment, recuperation, or therapy, are in medical hold or medical holdover status, or are on the temporary disability retired list for a serious injury or illness. It defines "serious health condition" as an injury or illness incurred in the line of duty while on active duty "that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating."

Employees are eligible for protected leave if they are a service-member's next of kin, defined as closest blood relative. This is a broader category than the FMLA has previously recognized.

The six months of leave may be taken only during one 12-month period. Employees may take the leave intermittently or on a reduced-leave basis, and if that is the case, employers may move them to temporary alternative positions. Employees are entitled to a maximum of six months FMLA leave for any purpose (for example, service-member care or the birth of a child) in that 12-month period.

Use of FMLA leave for service-member care won't affect the availability of FMLA leave for other purposes in future years. Employers may require employees to substitute paid leave for FMLA leave to care for an injured service-member. They also may require employees to support requests for leave with medical certification.

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Page 12 EMPLOYERS RESOURCE ASSOCIATION

Employers Resource Association Columbus Office: 921 Chatham Lane, Suite 111

March 12, 2008 8:00 a.m. – 4:30 p.m.

Lunch is Included

Pricing

1 person - $395.00 3 or more - $375.00 each 5 or more - $355.00 each

Non-members - 1 person $553.00 (*Pre-payment is required for non-members)

If payment is received by 2/27/08, you may deduct an additional 5%.

Lean Sigma YELLOW Belt

As a result of numerous requests, we are partnering with TechSolve to offer Lean Sigma Training to our members. Lean Sigma Yellow Belt training will be offered in our Columbus office on March 12, 2008. Green and Black Belt Training will be offered later in 2008 with the dates being announced soon.

The overall purpose of providing Lean Sigma expertise to individuals and organizations is to drive continuous improvement efforts that significantly impact cost, quality, and delivery initiatives. TechSolve’s Program Management activity ensures that the deliverables of the Lean Sigma training and the project implementations are aligned with the overall goals, objectives, and direction of the organization.

The one-day Yellow Belt training provides participants with Lean Sigma concepts. Individuals participate in active learning though a hands-on simulation reinforcing the following concepts:

Lean Sigma Yellow Belt • Process Mapping • Basic Statistics • Problem-Solving Techniques • 8 Wastes • Collecting Baseline Data • 5S – Workplace Organization • Project Charter • Workflow Analysis • SIPOC • Standard Work • Cause & Effect Diagrams • Setup Reduction • Pareto Analysis • Control Charts

• Capability Analysis • Minitab Examples

In order to reserve your spot, contact Susan Kuertz at [email protected] or call 614.538.9410.

Space is limited for this highly valuable program. Reservations will be accepted on a first-come/ first-served basis.

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Page 13 THE HR PROFESSIONALS SINCE 1946

Thank you to all of you who responded to our recent Member Survey. There were 558 individuals who generously gave us their time to note their thoughts, opinions, and suggestions about our services. Those responses are being analyzed as a part of our strategic planning process. Once we have had the opportunity to study the responses and work through the process, we will be giving you more information. In the meantime, however, we wanted to let you know some of the feedback we received.

♦ 71% of you use the Hotline ♦ 78% use ERA Training ♦ 70% use the Salary Surveys ♦ 30% attend Legal Briefings ♦ 33% belong to Roundtables ♦ 20% have received help from our Compensation Services Consultant ♦ 11% have had us do an Employee Opinion Survey ♦ 8% have us do Affirmative Action Plans ♦ 10% have used the Compliance Services with our attorney

Some recommendations were put in place immediately. You will see changes in

this month’s Newsletter as a direct result of member suggestions, including: 1. Publishing a listing of the next month’s training programs in the Briefs. 2. Having a listing of services and the person to contact for them.

As a result of these suggestions, the reader will see on the back page of the Newsletter a reference to the current list of training classes. At the bottom of the page, there is now a list of our services with a corresponding ERA contact person.

There are many more suggestions and valuable input that we will be reviewing in the coming months. As we move through our process, we will share more of the feedback we received, as well as the ways that it will positively affect our services to you according to your suggestions.

Again, thank you for your time and your feedback. We appreciate your contributions to our planning process

and your support for our continual desire to serve you better!

MARY ALEXANDER JULIE BLANKENSHIP

ROD BLOUGH JIM CARTER

DOLORES CEASE DAN CHANEY

DOUGLAS CHRISTIAN VICKIE DANIEL TOM EBERWEIN JENNIFER GRAFT

LORI HALL BRANDI HELTON TERRY HENLEY

HEATHER HITSON NADIA KOTSONIS SUSAN KUERTZ KAREN MCVEY LINDA MORGAN

RALPH NEAL CAROLYN POTTER CAROL REUBEL APRIL RISEN

JERRY YINGLING

THE HR PROFESSIONALS

ERA Member Survey

CA Courts: ADA May Require That Retailer’s Website Be Accessible to the Blind

A California federal court ruled in support of a claim that certain online retailers must provide access to the disabled by certifying a class action against Target Corporation on behalf of blind customers throughout the country.

The court had previously denied Target’s motion to dismiss one year earlier and upheld the argument by the Plaintiff, National Federation of the Blind, that websites like Target’s must be accessible to the blind under both California law and the Americans with Disabilities Act (ADA).

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Page 14 EMPLOYERS RESOURCE ASSOCIATION

Compensation Corner

Compensation Systems Analyses Our October, 2007, “Compensation Corner” article, regarding bonus and incentive compensation, has lead to

many inquiries from you, our members. Most of the questions have been centered on two general themes: 1) “How do I know whether or not I need a bonus/incentive program, and, if so, who should be included?” or 2) “How do I know what the right amount of bonus/incentive compensation is?”

As with all compensation decisions, the “right” decision is to do what is necessary for you to remain

competitive with those who would like to take your best employees from you - as long as doing so remains within the profit goals of your company. Hewitt Associates reports that most companies (91%) provide some type of variable pay, with bonuses/incentive pay prevalent for their key employees. Exactly who these key employees are will vary from company to company. Hewitt further reported that, while Executive base pay increases are projected to be 3.9% in 2008, variable pay is growing at a much faster rate because of one unique quality: “it must be re-earned each year.” In 2007, variable pay was 11.8% of total payroll expenses (compared with 8.8% in 2003).

If you are not certain whether or not your key members are being compensated properly, in either base pay and/or total cash compensation (i.e., base pay plus bonuses/incentive pay), you should have an assessment done for each of those employees you consider to be key to your organization’s success. This assessment will be relative to what is being paid by other organizations of similar size and type within your geographical area. That will provide you with answers to the questions of whether or not you need such a program and how much to pay in order to be competitive. Only you can determine who should be covered in your organization; however, market data will tell you who usually is covered, and for how much.

As you begin 2008, this is a good time to assess your bonus/incentive pay needs. If you need assistance with this task, please contact Terry Henley at 888.237.9554 or e-mail [email protected].

Terry Henley, CCP, SPHR

Healthy Families Act Creates Headaches for Area Employers

Paid sick days are not required under current Ohio law, although it is seen as a good benefit. About 70% of area businesses do provide time off for at least some of their employees according to our most recent Policies and Practices Survey. Out of those, over 60% provide 6 or less sick days per year.

All of this could change, though, if the new Healthy Families Act is passed. This act, created by a coalition of special interest groups, would require all businesses with 25 or more employees to provide a minimum of seven paid sick days per year, which could be used by employees for themselves or their immediate family.

On January 4, it was announced that supporters of this act had enough signatures to send the initiative to the General Assembly, which now has 120 days to consider it. If it is not passed by lawmakers, supporters will have the chance to collect more signatures and get the act on the general election ballot in November.

This is a wide-ranging act that has significant economic repercussions for Ohio employers, most of whom would have to increase the number of paid sick days they provide. See page 10 of this publication for a complete summary of the pending legislation. Employers Resource Association will keep up with this issue, and we will issue further updates as necessary.

See page 10 of this publication for further details.

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Page 15 THE HR PROFESSIONALS SINCE 1946

Overview: This valuable workshop is designed for both the new sales professional and the more experienced sales professional who either has had no formal sales training or who has identifiable opportunities for improvement. It covers the entire sales process, from how to be more organized in their planner, to office and car to prospecting, as well as cold calling, qualifying leads, the sales call, recognizing closing opportunities, dealing with objections, and acquiring those critical referrals.

Learning Objectives: Specific modules include, but are not limited to managing the sales funnel; prospecting and qualifying; building rapport and establishing trust; developing credibility; listening and uncovering the need; finding the pain and presenting the solution; presenting FAB’s (features - advantages - benefits); overcoming objections; and asking for referrals. There is plenty of opportunity to practice newly acquired skills as this course is a true workshop format where participants will analyze themselves, work through skill-building exercises, and even role-play to practice newly acquired skills under "friendly fire." Participants will walk away with the knowledge, skills, practice, and confidence to improve their results right away. This is truly a “Soup to Nuts” workshop designed to get participants off to a fast start.

Who Should Attend? Newly appointed sales representatives seeking to refresh their sales skills and increase productivity, as well as the more experienced sales professional who either has had no formal sales training or who has identifiable opportunities for improvement.

Looking for HR Professionals

One of the services we provide members is HR Professional services. Sometimes this is an on-site assignment because a company has a short-term need for an HR professional - perhaps the HR professional is on leave, or the person has left and the company needs an interim HR person until a new one is found. Sometimes it is a long-term assignment - often this is a part-time assignment because the company doesn’t need full time help. Sometimes it is because of an emergency - such as recruiting assistance because the company has an excessive number of openings or is staffing up for seasonal positions, etc.

We are always interested in talking to HR professionals who may be looking for part-time or short-term

types of opportunities. This is a perfect opportunity for someone who has retired but doesn’t want to totally stop working or mothers who don’t want to work full time but would like to stay in the workforce. If you know of someone who might have an interest, please have them forward a resume to either Carol Reubel in Cincinnati at [email protected] or Lori Hall in Columbus at [email protected].

If you are in need of HR assistance, please call us at 888.237.9554. Lori or Carol will be happy to match your needs with one of our talented people!

Essentials of Selling

Date(s): Tuesdays, February 5, 12, 19 & 26, 2008

Time: 8:15 a.m. - 12:15 p.m.

Location: Employers Resource Association,

Cincinnati Office

CPEs: Not available

CEUs: 0.4

Member Fee: $340.00 *Non-member Fee: $475.00

(*Pre-payment is required for non-members.)

To register, e-mail [email protected]

or call 888.237.9554.

If you prefer customized, in-house training (at your location),

please contact Brandi Helton at 888.237.9554.

About Your Instructor: Jerry Yingling, B.S. Ed., Learning and Development Consultant, leads this informative and valuable program. With years of experience in the sales area, he is highly qualified to guide this important session.

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1200 Edison Drive

Cincinnati, OH 45216

www.hrxperts.org

PRSRT STD U.S. POSTAGE PAID CINCINNATI, OH PERMIT NO. 4483

Register For Training Today!

See Page 6 For Upcoming Classes.

Need more information about a program offered by ERA? Would you like to talk to one of our experts in a particular field?

Here’s a list of some of our most popular services, and the main contact person for each of them.

In Cincinnati, please call: 513.679.4120 In Columbus, please call: 614.538.9410

ERA Contact List

Cincinnati Columbus

Hotline……………………………………..…….…....Dan Chaney……………..…Julie Blankenship, Lori Hall, and Rod Blough

Administration and Posters…………..…….…......April Risen……………..….....….…..Susan Kuertz

Compensation Services………………………...…Terry Henley………………………...…Terry Henley

Affirmative Action Plans…………………….….....Carol Reubel…………………….…........Lori Hall .

Employee Opinion Surveys…………...……....….Carol Reubel…………………...…..........Lori Hall

Customer Satisfaction Surveys……………….....Carol Reubel……………………….….....Lori Hall

HR On-Site Services…………………...…………...Carol Reubel……………………...….....Lori Hall

Training & Development……...…….….….Ralph Neal; Brandi Helton…..……….......Julie Blankenship

Legal/Compliance Issues……….….………..…...Tom Eberwein……….….………..…...Tom Eberwein

Reference Center..……………….……...………….Dan Chaney……………..…....…...….....Lori Hall

Salary and Benefits Surveys………...................Doug Christian………….……............Doug Christian

Marketing/Membership Development…..Dolores Cease; Jim Carter…………....….....Karen McVey