New Gun Law for the Wild West

As of Sept. 30, 2009, employers in Arizona will be required—with a few exceptions—to permit employees to keep firearms in locked private vehicles or locked compartments on motorcycles in company parking lots, as long as the guns are not visible from outside the vehicle.

Theoretically, this protects individuals' rights to arm and defend themselves during their commute to and from work without the hassle of parking "off campus" at work or breaking workplace rules if their employers do not allow firearms on company property.

After writing that, I had an image from the news flash though my head. Have we really reached the point in our society where we are defending ourselves on our commute to work? Hmmmmm.

Listen, I'm neither left nor right wing on this issue. I like sport shooting, have been a gun-club member in the past and understand the concept of defending one's home, family, etc. I also understand how easy it is to obtain a weapon and that, generally, not everyone I meet strikes me as the perfect gun owner. So, let's set aside political rhetoric in this instance.

I've known someone in a position of power who kept a firearm in their vehicle even though the company's official policy stated this was not allowed. I've known several people who chose not to break the rule, but didn't like it.

The grander question here, for HR professionals, is how will this change the dynamic of the workplace? Is increased security necessary when someone is fired? If they are walked out to their vehicle, should they be accompanied by someone, or not? If an employee becomes angry at work and walks out toward the parking lot, should this raise alarm among his/her co-workers. What safeguards are in place to ensure worker safety? Are there safeguards?

On one message board I read, someone posted the following: "Those that carry are going to carry. Those that don't, don't." So, perhaps nothing has changed but a new law on the books. Perhaps behavior will continue to be the same. Violence in the workplace is nothing new. Whether this law helps, hinders or has no effect on the efforts to curb this violence remains to be seen.

ZW
http://www.azmobilehr.com/

Sales & Consulting

Hey all (all six of you!) -

It's been a busy couple of weeks (excuse for not blogging more). The strange part is that while I've been busy, I feel that I have very little to show for it. Granted, I've had one-on-ones with a handful of very talented and gracious individuals and possibly developed a few more positive relationships that may lead to something down the road. At the end of the day, though, these relationships will need to lead somewhere if cash flow is going to improve.

If I had a nickel for every time someone with a robust consulting background told me that I'll make a great consultant, well, I'd at least be able to take the family out to dinner. Unfortnately, it would require actual clients for this theory to be tested. The end product is not the issue, it's the front end sales work.

I've never been one to enjoy or embrace the selling process (yes, I know interviewing, etc. is selling, but that is truly different than what I'm involved in now). However, I also realize that unless I drastically improve my plan and practices in this realm, I am doomed to non-existence in the consulting world.

So... off to do some reading and game planning to improve my current circumstances.

Have a good weekend!
ZW
http://www.azmobilehr.com/

EFCA Logic from Congress?

True, not all (or sometimes much) of the negotiating that goes on in Congress nets a clearly more positive outcome. I mean, examine health care right now. The best thing that the health care negotiation has done is allow EFCA to hide, under the radar style, and let our legislators work for a more realistic bill that won't harm the economy further.

I am, and have been, completely against the Employee Free Choice Act (EFCA), specifically the "card check" provisions that would provide unions the ability to force themselves to be recognized by companies with little more than trickery and smoke & mirrors. I believe card check recognition for unions would irrevocably harm business in America, especially small and local businesses that operate in industries such as transportation, grocery and warehousing & distribution.

In a nutshell, the last thing the economy in America needs is another level of complexity in business expenses to make it harder for businesses to operate. I submit that we now have enough complexity in federal and state laws to protect the interests of employees.

So with all that said, it appears that the card check provision of EFCA is nearing its swan song.
http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1795
However, EFCA is still on track to pass with provisions that would significantly strengthen the position of unions and weaken the position of companies to lobby and educate their workforces against them, so educate yourself now and don't be caught off guard later.

ZW
http://www.azmobilehr.com/

Healthcare "Reform"

So, the AMA (American Medical Association) has endorsed the current House bill involving health care reform, including a government-run health care option. As recently as several weeks ago, this was considered, if not highly improbable, at least not a safe bet. So, where did the sudden reversal come from? President Obama met with them at an AMA conference and apparently in one speech garnered enough good will to get a public endorsement of his healthcare plan. (If you have an hour, here it is: http://www.youtube.com/watch?v=uG3IJazP5gk)

Pretty impressive. Whether you like him or not, he's a marvel at spending political capital.

This whole debate is fascinating to me, as I'm sure the next electoral cycle will be. Republicans are going for broke, betting against nearly every piece of legislation that comes up. Democrats are, well, spending till we're broke hoping that they can pass enough legislation to fix America's ills within a six-month time frame. I anticipate a very familiar finger-pointing based party line political fight come the mid-term election cycle. I don't know that either side has set themselves up well. I predict the general state of the economy come election-eve will be the deciding factor.

I digress, back to healthcare.....

A Potential Winner - residents of smaller and rural areas that currently have very few private insurance options available, individually or as a part of an employer's group plan. These folks will have greater options and access to coverage that is likely to be less expensive because of the market forces that spread risk over a greater pool of lives.

A Potential Loser - private insurers. The reason they are fighting a government plan is because they will lose participants to a public health care option. Greater competition will likely drive costs down, stripping additional profits from these companies.

And what about those who choose not to cover themselves who may be forced into picking up a public health care plan? That's the biggest question on my conscience. Should people be forced into health care plans? The easy answer is no. But, they do seek services when emergencies and illness happen, ultimately leaving the taxpayers to pick up most, if not all, of their bill. So, shouldn't they have to have some "skin" in the game to begin with?

Right & Wrong - I can't tell you that. There are wonderful arguments on both sides of the debate. What I do know is that the status quo hasn't worked for a long time. Private insurers can cry all they want, and a new system will likely be far from perfect, but some form of change needs to happen. And sometimes, any change can be good because it will force more decisions down the road to refine and reflect on what is working and what is not. The more I read and research, it looks like some form of reform is bound to be enacted this year. The momentum is there.

ZW

http://www.azmobilehr.com/

Illegal Immigration Isn't Solved Yet?

It's been some time now since we've heard a lot about E-Verify compliance at the local AZ level. Since January 2008, when the "Legal AZ Workers Act" (LAWA) went into effect and expanded the demands of AZ businesses in verifying the legal status of those they hire, there has been surprisingly little said about the enforcement practices and potential penalties to businesses that don't comply with the law. Sure, Sheriff Joe has been out on the prowl, but besides that, LAWA still seems to be the red-headed step child of US illegal immigration law. It continues to be a largely unfunded mandate that sits on the books while county attorneys wait to see what happens, not wanting to be too bold and get caught up in the federal fray.

Well, today I have nothing to say about AZ's "leadership" in the immigration reform category. However, there is some news as of late on the federal level.

President Obama's new head of ICE (US Immigration and Customs Service), John Morton, has been vocal about a distinct shift in focus from high-profile raids targeted at punishing illegal workers directly to focusing on employer violations including heavy economic fines for those violators.

It turns out that good old-fashioned I-9 audits are back..... with a vengeance; or so ICE promises. In addition, ICE will be focusing on what can be described as "forensic investigating". Specifically, using the tools available, like E-Verify, to find probable violators for auditing. Not too scary if you operate your business in a state that has yet to mandate use of E-Verify. Slightly more scary if you live here in AZ.

For instance, let's say you haven't been very good at hitting the 3-day deadline after hire to verify a new employee in the E-Verify system. Guess what? E-Verify records all those missed dates and allows ICE to data-mine and find your pattern of rule-breaking. These inconsistencies and rules violations may make you a perfect target for an audit.

Just this week, Krispy Kreme was fined $40,000 for I-9 violations. Your business might not be as big as Krispy Kreme, but could you afford a $20,000 fine? How about a $10,000 fine? Ouch.

When was the last time your I-9 and hiring practices were audited? Just a thought.

ZW
http://www.azmobilehr.com/

Performance Reviews in a Tough Economy

I was just wrapping up and organizing files from my contract job, getting ready to turn everything over to the full-timers that will be left behind when I leave on Thursday, and remembered an interesting conversation I had while rolling out a coaching & performance management training program last month.

Like many organizations, this one was forced to put annual performance raises on a shelf this year to control their budget. Everyone throughout the organization (the lucky group that is left after several tough rounds of layoffs) seems to have taken this fact in stride, I assume due to the effective communication campaign that the organization engages in regularly. In short, they get it; it's a tough economy and sacrifices need to be made.

However, what I found was, many managers would like the performance management process to get put on that shelf right next to the raises. One went as far as to vocalize that giving a performance review with no raise was a tedious and pointless process, a joke if you will.

What do you think? What about your managers? I subscribe to the theory that communicating with and developing your employees is essential all year round, with or without impact to pay. It's about developing your business to be more effective, more responsive, more customer-focused and ready to pounce at the first sign of a turn-around in your sector, not about whether you're giving out a 2% raise this year or not.

Be honest with your employees. They should understand the economic realities of your business. But more importantly, they should understand how they are performing against expectations, what can be improved and what they can do to grow with the Company. Grow the trust your employees have in you and they will weather the economic storm along side you.

And consider removing pay increases from the performance review cycle all together. If you give annual raises, set it apart from the performance review by 3 or 6 months. Focus on developing your employees and re-visit the pay question later on. Just a thought that bucks the current social trend.

ZW
www.azmobilehr.com

Stress....

People close to me often ask why I do not appear more "stressed out" than I do. They are quick to point out the challenges before me and to share how they would react if faced with similar circumstances.

• I was recently out of work for 5 months (and blew through a lot of savings during that time)
• My current position, a 4-month contract, ends the first week in July
• That MBA is coming back to haunt me with student loan payments starting in July
• I'm driving a new business that is completely unproven and lacks a foundation of clients to support it

Well, that does seem daunting. Perhaps I should freak out. But, then again, what does "freaking out" really accomplish for me? I suppose I could garner some sympathy (at least for a little while) or burn some extra calories from sobbing or running around hyperventilating. That's just not me though.

The advice I'd give to anyone facing significant challenges is to get out and do something.

I found solace at the gym during my 5 months of unemployment and managed to lose 40 pounds. Perhaps not the best strategy during a time that I could not afford the new wardrobe necessary to clothe my newly sized self, but it certainly fulfilled a need for accomplishment.

I've also met a ton of great people by attending a dozen different networking events all over town. While my list of client potential is still small from these events, I've met people with supporting services (which could lead to business leads), people who provide business support (which could lead to new, low cost options to market my business), and a small group of very like-minded, positive individuals that make me believe that hard work and positivity will pay off in the long run.

We all reach challenging times in our lives. The choice we each have is to either look beyond them and begin to shape what is to come, or to focus too much in our current reality and fear the same.

I vote for the "glass half full" method.

ZW

http://www.azmobilehr.com/