The Growth Company periodically publishes a newsletter for managers and Human Resource professionals providing timely advise and proven methods for keeping your employees happy and productive.
Click on any of the following for a useful, enjoyable read.

THE RETALIATION LANDMINE
Everyone in your office knows she’s a problem. She mouths off constantly and prefers chatting with coworkers to doing her job. You regret the day you hired her and when she makes a one smart aleck comment too many about your management practices, you say, “Look, you’re not happy here. I’ll have the bookkeeper draw up a final check and I wish you good luck.” Full Article »

SWINE FLU DRAMA: ALASKA
If you’ve considered the swine flu discussion another media-hyped drama, local doctors are seeing a surprising number of confirmed cases weekly in Anchorage. You may wonder what to do if someone in your company comes down with it. Full Article »

Employee Monitoring
The US Supreme Court has decided to hear a case that will define to what extent an employer may monitor an employee’s private conversations on company equipment. Full Article »

Can I Require Mandatory Flu Shots?
Although some state health departments, hospitals and other medical institutions currently require that all personnel receive vaccinations, most attorneys queried this week on this topic <see inside for more> cautioned against a policy requiring mandatory flu shots. Full Article »

Can I require my employees to get mandatory
This week, three employers called our office asking if they can require their employees to get mandatory seasonal and swine flu shots. Although some state health departments, hospitals and other medical institutions currently require all personnel receive vaccinations, most attorneys queried this week on this topic Full Article »

The Retaliation Landmine
Everyone in your office knows she’s a problem. She mouths off constantly and prefers chatting with coworkers to doing her job. You regret the day you hired her and when she makes a one smart aleck comment too many about your management practices, you say, “Look, you’re not happy here Full Article »

What To Do
No company is immune from complaints. You can do everything in your power and the possibility still exists that someone, sometime could file a complaint. In 2008, more than 95,000 claims were filed with the equal Employment Opportunity Commission Full Article »

The Growth Company Team as pictured
From left to right: Andy G. Brown, J.D., M.P.A., Ramon Wallace, Lynne Curry, Ph.D., Jessica LaChepelle, and Debbie Beeson, . Full Article »

Employees Who Tweet
Do your employees "tweet" during work hours? This isn’t a question about whether your employees sound like birds but whether your employees are using the internet service known as Twitter. Full Article »

Relatively Small 2008 Rise in Health Insuranc
The good news being reported by the employee benefits annual survey published by the Kaiser Foundation on September 24th was that health insurance premiums have only gone up by 5% in 2008. The bad news is the reason for the relatively modest increase—the adoption of plans with very high deductibles and fewer benefits for employees. Full Article »

What Managers Need To Know
If you’re wondering how to turn morale around in your organization, consider these recent survey results: 30 percent of U.S. employees report being “engaged” at work – interested, motivated and committed. 54% of U.S. employees report being “disengaged,” feeling trapped in dull jobs, Full Article »

Probationary Periods – Do You Really Want The
Lots of employers place new employees in a “probationary period” of 30 days to several months before they are considered regular, full time employees. Sometimes, the probationary period corresponds to a period of time before the employee is eligible for particular employment benefits. Full Article »

Disabilities are Like Opinions – Everybody Ha
Well, maybe not everyone has a disability – but thanks to the recent amendments to the Americans with Disabilities Act (“ADA”) far more employees will be considered disabled than ever before. Congress, displeased by Full Article »

Mistake Becomes Disaster:
Avoid Liquidated Damages for Overtime Violations Do you have to pay employees overtime if they are assigned to a remote site and spend most of their time reading and watching videos as they wait for something to do? Full Article »

I-9 Part 2 - Avoiding Discrimination in Recru
Last month I outlined the I-9 requirements, and more specifically the first requirement that you only hire people authorized to work in the United States. Now I’ll move on to requirement number two under the Immigration Reform and Control Act (IRCA). Full Article »

“Last Chance Agreements”
As a manager, you know how you feel when an employee does that one last stupid thing that makes you decide – it’s over. That proverbial “last straw that broke the camel’s back” may be a legally sufficient straw. What if it isn’t? Full Article »

A Revolution in Labor Law: THE “EMPLOYEE FRE
Introduced this year in Congress as HR 1409 and S. 560, if passed, the Employee Free Choice Act (“EFCA”) dramatically changes traditional American labor law and substantially increases union membership in Alaska and nationwide. Three factors to keep in mind: see more Full Article »

Is your firm compliant with the federal requi
Is your firm compliant with the federal requirements for verifying your employees’ eligibility to work in this country? The I-9 Process is not something to ignore. If you understand your responsibilities, as an employer, under the I-9 reporting process, you are half-way there. The Immigration Reform and Control Act has two requirements of you. Full Article »

Should You Pay Employees’ Time For Attending
Attendance at training programs and meetings need not be counted as working time IF four criterias are met: 1. Attendance is outside the employee’s normal work hours; 2. Attendance is voluntary; 3. the course or meeting is not directly related to the employee’s Full Article »

RESCINDING SEVERANCE
Question: We have one problem employee, “Jack,” who we could fire but we elected to let him resign instead. We thought he’d be grateful, but he’s not. When we had our meeting, we also told him Full Article »

Employers: Be careful about viewing your empl
By Lynne Curry, Ph.D., SPHR Do you, as an employer, have the right to read your employees’ text messages if they irritate you by texting during a staff meeting? A recent 9th Circuit Court of Appeals decision may surprise you. Full Article »

Policy Changing-Potential Hidden Traps
Does this language contain a potential hidden trap? Possibly – given a case recently elevated to the Alaska Supreme Court, Gibson v. Nye Frontier Ford. The plaintiff in Gibson argued that the arbitration clause that was included in the Employee Handbook was unconscionable because the Company – and not the employee – could make changes at any time. Full Article »

Can I Ask If An Employee Is Sick?
Can I Ask If An Employee Is Sick? By: Judith Cummings One of the first pieces of advice given in the recent swine flu scare has been “Don’t come to work sick.” Employers and employees alike have been advised that a good way to limit the spread of flu is to have employees stay home when they aren’t feeling well. As many employees will tell you, this is easier said than done. Full Article »

Employer generosity quickly becomes expected
Q. I feel like a crappy boss. It's been sunny lately and occasionally I'd like to tell my employees to take Friday afternoon off or at least to leave at 4. This especially hit me the Friday before Memorial Day because I knew my employees wanted to start their three-day weekend early and get on the road before traffic grew dense. Full Article »

Avoiding Traps
Question: We strongly suspect one of our new employees is a liar and a thief. Six weeks ago we began realizing she told small lies every time she made work errors. Why didn't we fire her? Full Article »

Beware: You May Have to Pay for At-Home Train
Knowing when an employer is required to pay for an hourly employee’s training time can be tricky. Consider the issue of when the employer has to pay for online training done ‘after hours’ by the employee. Here’s an example: A communications company employs technicians who install and service voice and data communications circuits. The technicians are hourly employees and eligible for overtime pay. Full Article »

Workplace Flu Preparation
Why the concern about flu now? In late March and early April 2009, cases of human infection with swine influenza A (H1N1) viruses were first reported in Southern California and near San Antonio, Texas. Other U.S. states have since reported cases of swine flu infection in humans and cases have been reported internationally as well. Full Article »

Introducing Ramon Wallace
Ramon Wallace brings to TGC and our clients, skills as a mediator, trainer, facilitator and human resources professional. Most recently Ramon handled all aspects of human resources for an Anchorage-based aviation business. Prior to that, Ramon honed his facilitation and mediation skills as Deputy Ombudsman for the Municipality of Anchorage. Full Article »

Getting Past the No Reference Rule
Question: One of our employees outgrew her job here and instead of staying and becoming a dissatisfied employee, decided to take three months off and figure out what she wanted to do with her life. She then started applying for jobs. Full Article »

How to Deliver Bad News
At some point every employer has to deliver bad news to a group of employees. It might be about the loss of a contract, the elimination of an employee benefit, or one of the other common changes brought about tough economic conditions. It is a tough task—but with planning and forethought, it can be done effectively. Full Article »

E-mail Can Give the Wrong Message
Everybody’s favorite method of communication in the workplace—e-mail—can be a risky tool. The text of an e-mail, read months or years after it was sent as part of an on-going series of communications, can become a ‘smoking gun’ identified as proof of discrimination or other wrong-doing. Consider the case of EEOC v. Crick Films. Full Article »

Mastering Criticism
When you least expect it, a coworker tells you just what she thinks of you. Or, just after you’ve tried your best in a hard situation, your supervisor tells you what you didn’t do well enough. Even though you know you're not perfect, criticism hurts. We’d rather everyone think we’re perfect. Heck, we’d rather be perfect! Except – we’re not. If criticism takes you by surprise and stings more than you want, try these strategies. Full Article »

Are Your Employees Ready to Leave?
In the down economy the majority of employers assume that their employees are satisfied to have a job and are unlikely to be looking for another job any time soon. These employers may be surprised to find out that almost two-thirds of their employees are looking at job ads or actively seeking other employment. Full Article »

Reminder: New FMLA Notice Requirements
As of January 16, 2009 employers who are subject to the federal Family and Medical Leave Act (FMLA) must post an updated general notice and begin using the new and updated forms. Failure to comply could result in fines and penalties for noncompliance. Duties for employers include: Full Article »

COBRA Subsidy News
The rules have changed regarding what employers that provide group health plans need to do about terminated or laid off employees. The American Recovery and Reinvestment Act of 2009, also known as the stimulus act, amended the Consolidated Omnibus Budget Reconciliation Act of 1985 (better known as COBRA). Full Article »

FMLA Challenge: Calculating Absenteeism Rates
The federal Family and Medical Leave Act (FMLA) continues to surprise employers. A recent case shows how what looks like a compliant policy be found to be impermissible. Test yourself—can you see the FMLA violation lurking in this fact situation? Full Article »

Worried Sick About Finances
Every time Americans turn on the news or pick up the newspaper they are reminded that the country at large is facing dire economic times. For some, the bad times have shown up in job loss for themselves or their families. For many others, the impact of bad times has been felt on significantly decreased value for their retirement investments. A recent survey has found that another impact of the economic times is being literally ‘felt’ by people. According to the AARP, one in five adults report that they are suffering from health problems related to financial worries. Full Article »

Has Your Company Had A Check-up Recently?
Through a Human Resources Audit, The Growth Company can provide your organization with the information it needs to be sure that it is on track with all the various compliance requirements involved in the employer-employee relationship. Full Article »

Have You Updated Your Family and Medical Leav
If your workplace is subject to the federal family leave law, it is time to review your policies and update them to meet new requirements. Following amendments to the law, new regulations have been issued. The most publicized changes to the federal law have been those expanding the options for military families. However there are changes that impact more than just military families. Full Article »

When Bad News Interrupts the Workplace
Maybe it is the country’s economic situation…maybe it is the election results…maybe it is the recent reports of tragedies abroad…events at the world at large can have a depressing effect on the workplace. What employees perceive as bad news about the world around them can show up in how they do their jobs and how they deal with their co-workers. Full Article »

Workplace Mediation Works
“If I have to work with that idiot one more day, I quit!” These were the words that greeted Dave when he returned from lunch. His long-time assistant Mary cornered him as soon as he entered his office to complain about the recently hired receptionist Candy. “She messed up the messages again. I got two voicemails that should have gone to your voicemail box. Plus she keeps humming every time she walks from her desk to the copier. It is very distracting.” Full Article »

EEOC Considering Banning Use of Criminal Conv
Does your employment application include a question about whether the applicant has ever been convicted of a felony? If the recent proposal before the Equal Employment Opportunity Commission (EEOC) is adopted, the EEOC may be challenging your ability to include that question in the application. Full Article »

What is “360 degree feedback”?
360-degree feedback, also known as 'multi-rater assessment’ is a process where the employer seeks feedback on an employee’s performance or their leadership competency from all the different professional relationships an employee has. “360” refers to 360 degrees in a circle. The process draws input from all around the ‘circle’ that the employee works in. Full Article »

How to Celebrate Without HR Issues
“Holiday parties” “Christmas parties” “Seasonal celebrations” By whatever name, every year employers across the country host annual employee parties during November, December and January. Sometimes the party is at the workplace. Sometimes it is at the fanciest restaurant in town. Full Article »

Pregnant?
Despite the fact that we supposedly live in a society that is becoming more understanding, and corporate America tells us more supportive, of work-life balance, the number of pregnancy discrimination complaints across the country is actually on the rise, big time Full Article »

Sometimes the Harassment Claim is the Easy Pa
Sometimes the Harassment Claim is the Easy Part… Judith Cummings In April 2007 Sally complained to her employer that her supervisor Dan frequently used vulgar language in the workplace and would often make comments about her appearance. The day she made the complaint, Sally’s employer conducted an investigation that resulted in Dan receiving a written reprimand and being directed to attend harassment prevention training. It would have been a textbook case of how an employer should handle a sexual harassment case—if a jury did not end up awarding Sally more than $500,000 in damages against the employer in November 2008. Full Article »

Why Four Lenses/Temperament Intelligence?
If you’ve not yet heard of the Four Lenses, some call it the most definitive yet practical assessment currently available for helping managers and professionals effectively address personality differences.  The Four Lenses personality assessment program defines fundamental personality styles or groupings in a way that is Full Article »

SWEATY PALMS
When you interview for a job you really want, you have thirty to ninety minutes to prove yourself the best possible candidate. If this prospect gives you sweaty palms and panicked thoughts, try these strategies for acing that interview. First, learn to be fully present in any interview, completely focused on the interviewer rather than your own anxiety. Full Article »

Get to the point if you feel you must critici
Get to the point if you feel you must criticize your boss Q. My boss wears extremely revealing clothes. They bring her a lot of attention from our male clients. Full Article »

Manager and Supervisor Liability Under FMLA
Unlike many federal employment laws, the Family and Medical Leave Act (FMLA) permits managers and supervisors to be held personally liable for violations of the law. The FMLA provides job security and leave entitlement to employees who are absent from work due to their own illnesses or to care for new babies or to care for family members with serious illnesses. Full Article »

Mandatory Workforce Data Reports: EEO-1
Are you ready for September 30th? September 30th is the due date for employers to send the federal government data on their workforce. The report, known as the Employer Information Report or EEO-1, collects information on job categories, gender, race and ethnic origin on employees. Full Article »

Must you turn over that investigation report?
Employers often learn to their surprise that the Fair Credit Reporting Act (FCRA) needs to be considered whenever an employee wants to know the results of workplace investigations – even those not involving credit or money. Full Article »

Third Party Custodians- A Word to the Wise
Third Party Custodians are uniquely Alaskan. A Third Party Custodian is an individual citizen assigned by the court (at the request and designation of the accused person) to take physical custody of an accused person in a criminal case. A Third Party custodian is responsible for keeping the accused person within their sight or sound 24 hours a day until released by the court. Full Article »

“On-Line Degrees— Employers Are Not Sold"
For many people the increasing availability of on-line or distance education has been a boon to meeting their educational aspirations. However it is less certain that a degree earned on-line will be a boon to their career ambitions. Two recent studies reveal that while many people are accessing on-line education, many employers are not be ready to give degrees earned on-line full credence in the job search. Full Article »

Removing A Letter From A Personnel File
On July 25th Chuck Kopp removed himself from his position as Commissioner of Public Safety given the media firestorm concerning his past and how he portrayed it. The day before he declared in a news conference “Legally I was fully restored” because his letter of reprimand from the City of Kenai was removed from his personnel file two years after a sex harassment investigation. Although we may never learn all the legal and other specifics in this situation, these events raise the question: What does it mean to remove a letter of reprimand? Full Article »

Surprising Sources of Overtime Claims
Blackberrys, iPhones and Other PDAs: Managing overtime is a challenge for many employers. We all know that the employer is required to pay certain employees at time and a half for hours worked in excess of the limits set by state and federal law (i.e., more than 40 hours in a workweek; more than 8 hours in a workday). Some employers aren’t aware that the overtime premium is due even if the overtime hours were not ‘approved’ by the employer. One of the surprises that can result from this misunderstanding is the employer being held accountable for overtime pay for time spent clicking away at a Blackberry or responding to work-related requests on the iPhone. Full Article »

Smoking Gun-Employment Discrimination Cases
Are there any ‘smoking guns’ in your workplace? When employment lawyers assess why an employer lost an employment discrimination case in court, they often refer to the presence of a ‘smoking gun’. The term refers to some event or action that looks like conclusive proof that the employer intended to discriminate. You have to have solid evidence on your side overcome the presence of a ‘smoking gun’. Full Article »

Changes for Federal Contractors
Alert for all federal contractors: On June 6th President George W. Bush signed an Executive Order that will affect how you confirm the employment authorizations of newly hired employees and people assigned to perform work on future federal contracts. Employers, including federal contractors, are required to have employees complete I-9 documentation in order to demonstrate eligibility to work within the U.S. Full Article »

Stress Junky
If your work pace resembles a jet stream, you’ve probably heard all the advice about relaxing. Forget that advice. Go for maximum stress. Stress gives you the cheapest biochemical high legally available without a prescription. Adrenaline, the stress hormone, resembles amphetamines. Drug addicts take speed to get amphetamines. You can just keep working harder and harder, wiring yourself to the max and it’s legal. Full Article »

Genetic Information Nondiscrimination Act
President Bush Signs the Genetic Information Nondiscrimination Act (GINA) Into Law Described by many as the first major civil rights act of the 21st century, the Genetic Information Nondiscrimination Act (GINA) was signed into law Wednesday June 21, 2008 by President Bush, after passing overwhelmingly in the House and Senate. It's about time. GINA was first introduced in 1995 and has made an appearance in every Congress since. Full Article »

Do You Want Your Business to Live on After
by Lynne Curry, Ph.D. Most business owners work hard to prepare for every worst-case scenario – except the one their families, friends and employees might consider the true “worst case” – the tragedy that unfolds when the owner dies. In Alaska in the last decade, more than twenty relatively young business owners died suddenly due to accidents and heart attacks, leaving businesses leaderless and families doubly challenged. Full Article »

The Skilled Interviewer
When faced with 100-200 candidates, it's important to use tools that separate the great candidates from the many. The planning process prepares you to ask candidates about only the essential skills and qualifications required, and helps prevent you from asking off-the-cuff questions that could be illegal. Full Article »

Workplace Investigations 101
Many laws effectively require employers to undertake investigations in order to meet their obligations under the law. For example, employers who either know or should know about a harassment of an employee have a general duty to take prompt and remedial action to end the problem. In order to know what action to take, if any, the employer has to investigate the situation and ascertain the facts. Full Article »

Cutting Costs Doesn’t Have To Equal Sacrifice
Our chief executive officer Mr. Hatchet just called a department managers’ meeting and told us we have to cut costs one more time. This is his third cost-cutting initiative in two years and we’ve already eliminated every possible expenditure. We tried to tell Hatchet we’d sacrifice quality and morale if we made additional cuts, but he said we had no other choice. So we either cut essentials or lay off people. What can we do? Full Article »

Conducting Effective Employee Interviews
In today’s tight labor market successful, or unsuccessful, interviewing can make or break your recruitment goals. Although there are those who insist interviewing is an “art,” I disagree. Having conducted hundreds of interviews throughout my career, I’ve come to believe that effective interviewing is a skill. Effective interviewing, like any other skill, can be learned. Full Article »

What Defines a Hostile Work Environment
Although the term “hostile work environment” gets tossed around a lot, many managers and supervisors are confused about what hostile really means. The legal definition of hostile work environment requires that the offensive conduct be “severe and pervasive”, terms which can also seem vague and slippery.  Take this quiz to see if your managerial instincts are accurate or could use brushing up. Full Article »

Amendments to FMLA Signed Into Law
Amendments to the FMLA the federal Family and Medical Leave Act were signed into law by President Bush at the end January, 2008. These amendments expand leave rights in two situations. Full Article »

Handbooks Help Tackle Sticky Situations
If you don’t yet have an employee handbook, here are a few reasons you might want one: Protect Your Employment at Will Prerogatives. Employment at will policies provide employers greater latitude when discharging employees and can keep your company out of court! Equipment Use and Return. As the workplace becomes increasingly technologically oriented, employers are providing more equipment for employee use on the job – laptops computers, cell phones, PDAs, etc. What happens if an employee damages or loses an expensive piece of equipment? What if a discharged employee doesn’t return your businesses’ laptop and cell phone? Full Article »

Is Your Workplace a Jungle?
Is your work place office a jungle? Perhaps you’ve met a human snake or been pounced on by a two-legged puma. Maybe some of the guys you work with remind you of monkeys, boars or hyenas. If you want to avoid an unexpected mauling or other jungle disaster, try these strategies. Full Article »

Third Party Custodians- A Word to the Wise
Third Party Custodians are uniquely Alaskan. A Third Party Custodian is an individual citizen assigned by the court (at the request and designation of the accused person) to take physical custody of an accused person in a criminal case. A Third Party custodian is responsible for keeping the accused person within their sight or sound 24 hours a day until released by the court. Full Article »

You’ve Got Mail! E-Mail and Internet Privacy
Can you read your employees e-mail? Are you allowed to look at their internet browsing history? Should you be performing some type of electronic monitoring? Full Article »

Employers Must Use New Form I-9
Employers will be required to use the new Employment Eligibility Verification Form I-9 starting Dec. 26, 2007, or risk fines and penalties, says U.S. Citizenship and Immigration Services (USCIS), which published details of the requirement in the Federal Register on Nov. 26, 2007. Full Article »