A new law passed with bipartisan support and signed by President Obama may make it easier for individuals to sue their employers for discrimination on account of their military status.

Although key provisions of the Veterans Opportunity to Work (VOW) to Hire Heroes Act strive to reduce unemployment rates for veterans of the Iraq and Afghanistan conflicts, the legislation also amends the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to recognize claims of hostile work environment on account of an individual’s military status generally.

Historically, federal courts have been reluctant to recognize hostile work environment claims under USERRA. For example, in Carder v. Continental Airlines, No. 10-20105 (5th Cir. Mar. 22, 2011), airline pilots who were members of the Reserves and National Guard pursued a class action against their employer, asserting management had “repeatedly chided and derided plaintiffs for their military service through the use of discriminatory conduct and derogatory comments regarding their military service and military leave obligations.” The Fifth Circuit dismissed their claim, holding that hostile work environment claims were not actionable under USERRA when the employee did not suffer the loss of a tangible benefit or the conduct did not rise to the level of constructive termination.

By amending USERRA to prohibit discrimination with respect to the “terms, conditions, or privileges of employment,” the VOW to Hire Heroes Act establishes the same standard for hostile environment claims on account of military status as that governing Title VII and other employment discrimination laws. Employers, as a result, will find it more difficult to obtain dismissal of USERRA claims even where the employee has not suffered a tangible loss.

The USERRA amendments and the recent Supreme Court decision in Staub v. Proctor Hospital (see Supreme Court Recognizes Cat’s Paw Liability in Army Reservist’s USERRA Discrimination Case) highlight the need for employers to take preventive action. First, employers should consider training supervisors regarding USERRA compliance. Second, employers should review equal opportunities policies and compliance procedures to ensure they include military and veteran status. Third, as Farragher/Ellerth defenses will likely apply to USERRA hostile environment claims, employers should provide reporting procedures for USERRA-covered workplace complaints and promptly investigate such complaints. (source Jackson Lewis llp)

Please Join Us!!!

Team Kinections is participating in Hopelink’s 11th Annual Turkey Trot and would love for you to join us.This awesome event helps support Hopelink’s programs and services which include five regional food banks, emergency financial assistance, transitional and emergency housing, family development services and adult education, including literacy and GED programs.

Rain or Shine- We hope to see you there!!!

What: 5k walk/run
When:November 20th from 11:00am-1:00pm
Where:Marina Park 25 Lakeshore Plaza Kirkland,WA

Register for Our Team
Make a Donation

By offering an internship program, there are many benefits a small business can gain. Some of the pluses for businesses are access to fresh ideas, eager minds, and a continued pipeline of future employees and in exchange the interns get valuable perks- they develop their skill sets, strengthen their resume and get exposed to their possible career industry. So it’s a win-win for everybody.But if not structured properly it can lead to trouble for any business.

Despite internships’ value, federal guidelines released by the U.S. Department of Labor in April 2010 are raising concerns for employers. Those concerns may lead employers to provide fewer internship opportunities. The guidelines apply to “for-profit” private-sector employers. They define what makes an intern an “employee” as opposed to a “trainee.” If a court or government agency decides that interns’ work qualifies them as employees, the company could face penalties that include owing back pay, taxes not withheld, Social Security, unemployment benefits, interest, attorneys’ fees, plus liquidated damages, defined by federal law as double the unpaid wages.
There are 6 standards that are used to determine whether an intern is a trainee or an employee.

Six Standards
The U.S. Department of Labor’s Wage and Hour Division lists six factors to use in determining whether an intern is a trainee or an employee under the Fair Labor Standards Act.
1. The training, even though it includes actual operation of the facilities of the employer, is similar to what would be given in a vocational school or educational instruction.
2. The training is for the benefit of the trainees.
3. The trainees do not displace regular employees, but work under their close observation.
4. The employer that provides the training derives no immediate advantage from the activities of the trainees, and on occasion the employer’s operations may actually be impeded.
5. The trainees are not necessarily entitled to a job at the conclusion of the training period.
6. The employer and the trainees understand that the trainees are not entitled to wages for the time spent in training.

If all of the factors listed above are met, then the worker is a “trainee,” and an employment relationship does not exist under the act, and the act’s minimum wage and overtime provisions do not apply to the worker. The federal Labor Department standards state that most nonexempt individuals “suffered or permitted” to work must be compensated for the services they perform for an employer unless certain conditions are met.

In general:
• The internship program must be similar to training that would be given in an educational environment, such as a college, university or trade school.

• The intern and the employer must both understand that the intern is not entitled to wages.

• The company must receive no immediate advantage from the internship and in fact may find its operations disrupted by the training effort.

• The intern must not take the job of regular employees.

If you have an internship program or are considering offering one, run through these standards first. Review your company’s internship policies, keep written records of what the intern will be doing and experiences they will gain- it also might be a good idea to coordinate with the intern’s school to make sure educational standards are being met.

On September 30th, the Department of Labor announced that Washington’s minimum wage will increase to $9.04 per hour beginning Jan. 1, 2012.

L&I calculates the state’s minimum wage each year as required by Initiative 688, approved by Washington voters in 1998. The 37-cent increase reflects a 4.258 percent increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI­W) since August 2010.

The CPI-W, which is used in this calculation, is a measure of the average change in prices over time of goods and services purchased by urban wage earners and clerical workers. Goods and services are determined as those things people buy for day-to-day living such as food, clothing, shelter, and fuels, and services such as doctor visits.

According to the Bureau of Labor Statistics’ news release, over the last 12 months the prices of most categories of consumer goods rose. The largest cost increases occurred for fuels and the lowest cost increases were for education and communication services.

Washington is one of 10 states that adjusts the minimum wage based on inflation and the CPI. The others are Arizona, Colorado, Florida, Missouri, Montana, Nevada, Ohio, Oregon, and Vermont.

Washington state has the highest minimum wage, followed by Oregon. Oregon recently announced that its minimum wage will rise 30 cents to $8.80 an hour in 2012.

Washington’s minimum wage applies to workers in both agricultural and non-agricultural jobs, although 14­ and 15-year-olds may be paid 85 percent of the adult minimum wage, or $7.68 in 2012.

More information on Washington’s minimum wage is available at Wages.Lni.wa.gov

A fact sheet on the President’s Plan. (from SBA.gov)

“Everyone here knows that small businesses are where most new jobs begin.
And you know that while corporate profits have come roaring back,
smaller companies haven’t. So for everyone who speaks so passionately
about making life easier for “job creators,” this plan is for you.”
– President Barack Obama, 9/8/11

Helping small businesses grow and hire is at the core of the American Jobs Act that the President announced. Entrepreneurs and small business owners – America’s biggest job creators – are looking to Congress to enact these powerful, bipartisan, specific, paid-for proposals as quickly as possible.

The American Jobs Act will help small businesses continue doing what they do best: create good jobs, drive competitiveness and innovation, and strengthen economic security for the middle class. The time to act is now. American Jobs Act provisions to help entrepreneurs and small business owners include:

Cutting in half the payroll taxes (to 3.1%) for small businesses for the first $5 million in wages, targeting the benefit to the 98% of firms that have payroll below this level
Temporarily eliminating employer payroll taxes for small businesses that create jobs or give raises for existing workers above the prior year (applies to up to $50 million)
Extending an immediate 100% expensing write-off into 2012 to encourage even more businesses to invest in more machinery and equipment
Large tax credits (up to $4,000) for businesses that hire workers who’ve been unemployed for 6 months, with bigger credits for hiring unemployed veterans (Returning Heroes Tax Credit up to $5,600) and service-disabled veterans (Wounded Warriors Tax Credit up to $9,600)
Billions of dollars in investments in roads, rail, and airports and the creation of a National Infrastructure Bank
$25 billion for modernizing 35,000 schools, boosting small construction firms while aslo strengthening STEM education in order to grow tomorrow’s entreprenuers and innovators
Helping small business contractors compete for infrastructure contracts and get SBA surety bonds up to $5 million
Deploying the power of wireless high-speed internet to 98% of Americans – including many students, entrepreneurs and small businesses in rural areas – through private-sector auctions of spectrum.
Turning job seekers into job creators by making it easier for States to allow unemployed workers to create their own jobs by starting their own businesses
Increasing skills-based training for youth and adults to help them transition to the innovation economy
Raising the cap on “mini” public offerings of small firms from $5 million to $50 million and reducing the disproportionately high costs that smaller companies face when “going public.”

In addition, the Administration is moving forward with ideas that don’t need Congressional action, including:

Paying small contractors more quickly for the innovative products and services they provide to the federal government
Allowing small business to raise money through crowdfunding and allowing for new, innovative ways to attract small-dollar investors in small businesses.

ORIGAMI: A quick 15 minute team building exercise focusing on communication skills- listening and influencing.

This is…
An activity in which participants follow instructions to fold a sheet of paper while keeping their eyes closed.

The purpose is…
Participants see how instructions can be interpreted differently, and thus how clear our communications need to be.

Use this when…

• Individuals are not communicating clearly or specifically
• Individuals make too many assumptions of their listeners
• You don’t have prep time and/or materials for anything more elaborate

Materials you’ll need…

• One sheet of paper for each participant

Here’s how…

1. Give each participant a piece of paper
2. Announce that you will give them instructions on how to fold the paper
3. Have them close their eyes. They must keep their eyes closed, and they may not ask questions during your instructions
4. Give instructions to fold and rip their paper several times
5. Have everyone open their eyes, unfold their papers, and compare what they look like

For example (You might say)…

• Fold your paper in half
• Now, fold it in half again
• Then fold it in half one more time
• Now rip off the right corner
• Turn your paper over and rip off the upper corner

Ask these questions…

• Did everyone come up with the same end result?
• Why or why not?
• How could the results have been different if your eyes where left open? (We could have compared and copied what others were different, etc…)
• How did you feel as I was giving the instructions? (Confused, I wanted to ask questions, frustrate with you, etc…)
• How could my instructions been improved?
• What implications does this have for us back on the job?

Tips for success…

• Give the instructions slowly and deliberately. You are not trying to lose them or trick them. Repeat as necessary
• Do not correct anyone as they are folding. There is no one right answer. The instructions are ambiguous on purpose
• Watch to see if anyone opens their eyes. When is it appropriate to break the rules?

(From the book: Team Building Activities for Busy Managers)

On September 12, 2011- The Seattle City Council approved Council Bill 117216 requiring businesses in Seattle to provide paid leave to employees when they or their family members fall ill or victim to domestic violence.

The adopted legislation establishes minimum standards for paid sick and safe time based on company size. Workers in companies with 5 to 249 employees will accrue a minimum of one hour of paid sick and safe time for every 40 hours worked. Workers in companies with 250 or more employees will accrue a minimum of one hour for every 30 hours worked.

Employers may satisfy the requirements of the ordinance with a combined leave program that pools vacation and sick leave together. The new regulations will take effect on September 1, 2012, giving businesses a full year to adjust their personnel policies.

For more information on the history of the paid sick leave legislation in Seattle, visit the Council’s information page.

Teamwork- It is an easy concept to understand, but a hard (not impossible) practice to implement.I often hear people say, “What good is a product or a service if you don’t have the right people in place?” I take that and expand on it by saying …. Having the right people in place that share the same vision, are committed, and utilized correctly in order to meet the overall goal of the company.

Having star players isn’t a guarantee that your organization will be successful—in the long run. You’ll have star players good at what they do, but what good are they if they are concerned with individual results and not at working as part of a team?

I like using the recent NBA finals as a perfect example. Now I must admit I have favorite players on both sides. Although at the beginning of the season, Heat was labeled as an all-star hit squad; to me it was clear that the Mavericks were committed to playing together as a team from the start. They seemed to understand and were committed to what the bigger picture was and knew that they had to continue to work hard together to get there. They played hungry, disciplined, and were in sync with each other, even in times of struggle. I’m not saying that Miami didn’t want the ring just as much, it just seemed that they had their own separate ideas on how to get it.

One of the lessons I took away from watching the finals was how a “team” should really function. In a business, it’s easy to lose sight of what the real goal is, especially when one is too concerned/busy with getting their own individual tasks completed, regardless of how it impacts the ultimate goal for the year. You can collectively get together for meetings and be part of a management (or fill in the blank) “team”, but if you don’t understand the purpose, don’t hold each other accountable, and is not committed to the role of the team first, then the team becomes dysfunctional and useless and you do not become the Champions in the end, you do not get the ring!

Please join Team HR Kinections as we participate in an awesome event this Sunday, May 15th. Run, walk, or support us virtually– every little bit helps!

Visit our Team Page for more information on how you can help! Thank you!!

About Beat the Bridge

The Nordstrom Beat the Bridge to Beat Diabetes is a fundraiser for the Juvenile Diabetes Research Foundation (JDRF) with the mission of finding a cure for diabetes. The event consists of an 8k Run, 4-Mile Family Walk, One-Mile Fun Run and Diaper Derby for toddlers. The 8K Run has two challenges: to beat the University Bridge before it is raised, and to cross the finish line in Husky Stadium. The bridge is at the 2.0-Mile mark of the race.

Since the first Beat the Bridge race in 1983, Nordstrom has partnered with JDRF to find a cure for diabetes and its related complications through the support of research and research related education. Beat the Bridge draws people together in healthy activities for a worthy cause, raising money to help find a cure for diabetes. It’s fun for families and builds camaraderie among company employees. Above all, it’s an event you will feel good being a part of.

The Beat the Bridge is part of the The Walk to Cure Diabetes, an annual walkathon held in more than 200 locations in 13 countries to benefit JDRF. More than 750,000 men, women, and children will participate this year. The Walk to Cure Diabetes raised over $107 million last year for diabetes research.

It’s time to find a new member to join your team. The hope is that the person you hire will come in, gel well with others, and exceed the expectations you’ve set for them. You’ve searched and searched, met with many candidates, and finally offered the job to the right candidate- or so you thought.

First month into the job, you begin to notice a change. The fear of “something isn’t right” begins to creep in. You’ve noticed that your new exciting team member is slowly starting to phase out.  And yet it has only been a month, so why is that?  What happened to the eagerness and excitement they displayed during the interview?

To make matters worse, the new team member tells you they found another job and that today is their last day… Oh boy!

So what happened?

This situation at times can sound too familiar. It’s possible that what was thought to be the right fit was wrong from the beginning- for both parties. Maybe the job wasn’t what they thought it was, or maybe you didn’t realize that on this person’s resume they “hop” from one job to another and didn’t ask why…

Although there is no magic formula that will get you the right hire each and every time, there are some standard steps to follow that increase those chances.

Before beginning your search- Start by being READY:

1) Have a clear and updated job description that outlines the core responsibilities as well as the skills, knowledge, experience necessary to be successful in this position.

2) Know your work culture- what defines your business… yes the candidate may have all the experience to do the job well, but do they share the same work values as you? If not, this will make it difficult to create an enjoyable work atmosphere.

3) Know what interview questions you will ask and be consistent with it from one candidate to the next so that you are able to compare responses fairly- take notes. Also be ready to know how to respond to their questions as well- like-What are the potential growth opportunities for me if I come to work for you? Maybe your responses can also help them decide earlier on if this is where they would like to be.

When you get closer to making an offer- do your homework!

With a signed authorization from the candidate, check qualified references and verify employment history. This will help you get a different perspective of the candidate; as well confirm what the candidate has shared with you.

Again there’s no magic formula to finding the right fit, but incorporating the steps as part of your hiring process could help you make better hiring decisions and save you from having to repeat the process all over again!

HR Recruit