Articles of Interest aka News You Should Use
TMHRA archives HTML versions of previous newsletters.
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I’m proud to be a member of TMHRA!
I was especially proud standing on the podium before a “sell-out” conference at the 21st annual TxPelra/Civil Service Workshop in San Antonio. We had more than 250 in attendance. Human resource attendees were even out-numbered by those from other areas, such as police, fire, civil service commissioner, city secretary, assistant city manager, city manager, city attorney, etc.
We have to be doing something right to attract a majority of attendance from outside our own membership. Obviously, it is the quality of the programs. This workshop just keeps getting better. It was another outstanding effort by the committee, headed by Charlie Shapard. Others on the committee were Jim Parrish, Richard Hodapp, Bettye Lynn, Allison Froehlich-Smith, and Miguel Ozuna. Of course, we cannot thank Lonne Parent-Smith enough for organizing the programs. The committee establishes the topics and the speakers, and then turns everything else over to Lonne. She finishes all the details, gets the hotel, and sends out the registration flyers.
I’m also proud to be a member of a growing organization. We are 246 members strong and growing. As my old coach always said, “When you stop getting better…you start getting worse.” TMHRA’s growth is evidence that we are not resting on our laurels. We constantly strive to provide members with valued services and programs. Please give us your feedback and suggestions by completing the short membership survey that you will receive via e-mail in March.
I’m also proud to be a member of TMHRA because of the Mid-Year Conference, which will be May 15–18 at Moody Gardens in Galveston. This year, TMHRA will go all out to impress the IPMA-HR Southern Region attendees. Southern Region members will be coming from as far east as Virginia, as far south as Florida, and as far west as Oklahoma, and all states in between. Don’t miss this event. It will be bigger and better than any other Mid-Year Conference, and it will be held at a fabulous venue!
See you in Galveston in May!
Nuts and Bolts of HR in the Public Sector: Discovering the Fundamentals
Sponsored by the Texas Municipal Human Resources Association
April 20, 2007
Texas Municipal Center
1821 Rutherford Lane
First Floor Conference Room
The Nuts and Bolts Seminar is presented by the Texas Municipal Human Resources Association (TMHRA) and will feature speakers from various specialty areas of human resources management. This seminar will be presented in a practical format in the interest of human resources professionals who are relatively new to the field. The sessions will be geared toward a sharing of information by the speakers and will encourage interaction through questions from the seminar attendees. The goal of this seminar is to provide a variety of practical information that the attendees will be able to take back to their respective organizations and use as reference tools in the implementation and maintenance of successful human resources programs. For further details or to register for this outstanding program, click on www.tml.org/ed_calendar.html.
International Public Management Association for Human Resources (IPMA-HR)
2007 Southern Region and TMHRA Mid-Year Conference
May 15-18, 2007
Moody Gardens Hotel
Seven Hope Boulevard
TMHRA is proud to host the International Public Management Association for Human Resources (IPMA-HR) Southern Region Conference this year in conjunction with the Texas Municipal Human Resources Association’s (TMHRA) annual Mid-Year Conference. Galveston will welcome more than 200 human resource professionals from a thirteen-state region: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia. They represent public human resources departments in local, state, and county government across the South and will come to the Moody Gardens in Galveston, Texas, to participate in TMHRA/IPMA-HR's Southern Region and TMHRA Mid-Year Conference. Come enjoy the sun, sights, and Texas hospitality at Moody Gardens in Galveston.
The conference theme is “Workforce 2020.” This conference is intended to encourage participants to learn about and explore opportunities and challenges that will face employers and employees over the next several years. Participants will leave the conference feeling refreshed, empowered, educated, and prepared for the workforce—not fearful of it. Conference sessions will provide attendees an excellent opportunity to seek answers to questions and to learn about organizational initiatives they may want to implement when they return to their work environments. Topics that will be addressed through general and concurrent sessions are:
- Human Resource Technology
- Legal Updates
- The Future of Social Security
- The Future Workforce
- Compensation Management
- Enterprise Solutions
- Managed Competition in Government
Kicking off the conference this year is Dr. James A. (Jim) Crupi, president and founder of Strategic Leadership Solutions, Inc. Jim is a recognized authority on international business, future trends, and leadership development and is an internationally popular speaker. His leadership workshops are world renowned. Jim works with executives for the purpose of aligning strategy, enhancing productivity and competitiveness, and training the management team. Jim has been featured on CNN and National Public Radio and quoted in many publications throughout the world.
The program is sponsored by the Texas Municipal Human Resources Association (TMHRA), an International Public Management Association for Human Resources (IPMA-HR) chapter and an affiliate of the Texas Municipal League (TML).
For further details or to register for this outstanding program, click on www.tml.org/ed_calendar.html.
We are seeking volunteers to serve on the Hospitality Committee!
The International Public Management Association for Human Resources (IPMA-HR) Southern Region and TMHRA Mid-Year Conference, "Workforce 2020," is just around the corner, and TMHRA is looking for volunteers to serve on the Workforce 2020 Hospitality Committee. We are expecting a large number of out-of-state IPMA members to attend. We want to show them some real Texas hospitality. Are you planning to attend the conference? If so, TMHRA needs your support.
TOP 5 REASONS WHY YOU SHOULD VOLUNTEER:
- It is a great opportunity to assist your association and show IPMA some southern hospitality.
- It is your chance to lend a hand to an association that has provided incredible programs and benefits to its members for more than 25 years.
- As a TMHRA member, this is your time to shine and be a part of the success.
- You will receive a free host committee volunteer shirt as compensation for your time and assistance.
- It is fun! Volunteers are needed to assist with registration, introduce speakers and moderate sessions, and be hosts at social events.
If you have further questions, or are interested in volunteering, you may e-mail Barry Robinson at email@example.com, Janie Mehrens at firstname.lastname@example.org, or phone 512-231-7400 and ask for Lonne Parent-Smith, CMP.
TMHRA Employment Law—September 2007—Dallas
TML Annual Conference—November 7-10, 2007—Dallas
MARK YOUR CALENDARS NOW!!!
Texas Public Employer Labor Relations Association (TXPELRA) Annual
Workshop, February 7, 2007
TMHRA 21st Annual Civil Service Workshop, February 8-9, 2007
Holiday Inn Tropicano Hotel, San Antonio
By Don Byrne, Director of Human Resources, City of Odessa
Our association had another record turnout with more than 250 attendees at the Texas Public Employer Labor Relations Association (TxPELRA) Annual Workshop and the 21st Annual Civil Service Workshop, held at the Holiday Inn El Tropicano Hotel in San Antonio.
On February 7, the TxPELRA Workshop was kicked off with a tribute by TMHRA President George Mones to Charlie Shapard for his 17 years of working with and coordinating TMHRA/TxPELRA Workshops.
The first presentation was an update on the National Public Employer Labor Relations Association (NPELRA) by President Michael D. Suppan—also Director of HR, Joliet, Illinois. He informed the attendees that the NPELRA headquarters has been moved to Oceanside, California. The contact telephone number is 1-877-NPELRA1, and the web address is www.npelra.org. Mr. Suppan discussed the NPELRA Academies, which lead to national certification. The next national conference will be held in Scottsdale, Arizona, April 22-26, 2007. He also mentioned that the 2009 national conference will be held in San Antonio.
Michael R. McMillion, Commissioner, Federal Mediation and Conciliation Service, San Antonio, gave a presentation on Using Mediation in Meet and Confer. In doing so, he discussed the role and mission of the Federal Mediation and Conciliation Service. Mr. McMillion went into some detail regarding the meet and confer process and the workings of Interest-Based Bargaining.
Meet and Confer: Experiences from the Front Lines was a panel presentation by Bill Sullivan, City Attorney, Wichita Falls; Gary Johnson, Director of Civil Service, Waco; and Moderator, Miguel Ozuna, Director of Human Resources, Cedar Park. Presenters discussed their experiences in meet and confer in their respective cities.
At lunch, Michael Suppan, President NPELRA, talked about the Illinois Experience and pitfalls to avoid in meet and confer and bargaining.
The first afternoon session was a Labor Relations Update by Bettye Lynn, Partner, Lynn Pham & Ross, LLP, Fort Worth. Bettye discussed meet and confer developments in Texas, reviewed the Beaumont Arbitration Award to the Firefighters, and pointed out that 13 Texas cities have approved meet and confer.
The final presentation was an update of Meet and Confer in Austin by Mike McDonald, Assistant City Manager, Austin; and Anita Stevenson, Senior Assistant City Attorney, Austin; and moderated by Jim Parrish, Director of Human Resources, Amarillo. This was an interesting account of the history of meet and confer in Austin. Mentioned on the horizon was meet and confer with EMS and with non-public safety employees.
The 21st Annual Civil Service Workshop was held on February 8-9, beginning with a Civil Service Update by Bettye Lynn, Partner, Lynn Pham & Ross, LLP, Fort Worth, in which she reviewed federal and state cases. Particularly interesting were the cases involving sovereign immunity.
Other presentations included the following:
Hiring, Selection, and Placement of Police Officers and Firefighters, by a panel consisting of Bob Acker, Assistant Fire Chief, Plano; Jason Christensen, Sergeant, Professional Standards Division, Police Department, Plano; and Moderator, Dick Hodapp, Assistant Director, Human Resources, Fort Worth.
A luncheon presentation, 2007 Legislative Update, by Frank Sturzl, Executive Director, Texas Municipal League, Austin.
In the afternoon, the following concurrent sessions were held:
Civil Service Commissioners: Role and Responsibilities of Civil Service Commissioners, presented by Roland Johnson, Harris, Finley & Bogle P.C., former Chair, Civil Service Commission, Fort Worth.
Civil Service Basics: Health Issues and Civil Service: Workers’ Compensation and Heart Lung Law, presented by Dave Reagan, General Counsel, TML Intergovernmental Risk Pool, Austin; and Mike Bratcher, Workers’ Compensation Claims Manager, TML Intergovernmental Risk Pool, Austin.
Civil Service Advanced: Strategies and Successes in Recruiting, presented by Miguel Sarmiento, Sergeant, Personnel Division, Police Department, Dallas; Scott Mitchell, Human Resources Manager for Employment and Recruiting, Fort Worth; and Scott Snider, Assistant City Manager, Lubbock.
Civil Service Commissioners: Land Mines to Avoid as a Civil Service Commissioner or Director, presented by Jan Stricklin, Former Director of Administrative Services and Civil Service Director, Wichita Falls; Melanie Caballero, Human Resources Director, Bryan, Missy Davidson, Director of Human Resources, Conroe; and Moderator, Alison Froehlich-Smith, Director of Human Resources, Baytown.
Civil Service Basics: Compensation Strategies for Civil Service Employees, presented by Tadd Phillips, Director of Human Resources, San Angelo; and Sydney Covey, Manager of Compensation, Plano.
Civil Service Advanced: Civil Service Odds and Ends (Checklists, Required Deadlines, Promotion Deadlines; Deferred Adjudication, Invoking Fitness Provisions), presented by Brian Begle, Olson and Olson, Houston.
Friday morning, February 9, began with a presentation on Developing Fitness Readiness Standards and Programs for Public Safety Employees by Jay Smith, President, Integrated Fitness Systems/FitForce, Salem, Massachusetts.
The final session was the annual Questions and Answers on Chapter 143 by a panel moderated by Bettye Lynn, Partner, Lynn Pham & Ross, LLP, Fort Worth. Panel members were Carolyn Liner, Director of Human Resources, San Marcos: Dick Hodapp, Assistant Director of Human Resources, Fort Worth; and Jan Strickland, Former Director of Administrative Services and Civil Service Director, Wichita Falls.
TMHRA is grateful for the continued support of our sponsors. The sponsorships allow us to keep all events reasonably priced and affordable for all members. Thank you to the following sponsors for their support and contributions through the year:
Automatic Data Processing, Inc. (ADP)
Denton, Navarro, Rocha & Bernal
First Financial Capital Corp.
Great-West Retirement Services
Holmes Murphy & Associates
ICMA Retirement Corporation
McGriff, Seibels and Williams of Texas, Inc.
Taylor, Olson, Adkins, Sralla & Elam, LLP
Texas Municipal Retirement System
The Waters Consulting Group, Inc.
ARTICLES OF INTEREST aka NEWS YOU SHOULD USE
Do you need to recruit for jobs but have a tight budget? Want to place your jobs where a wider group can see them? How about having a link to your Web site’s employment page? Well, have no fear…TML and TMHRA are here!
TML (www.tml.org) has a classifieds section where you can advertise for all types of positions. You just go to the home page and click on “Classifieds.” From there, the top link is to the form you can use to submit your ads. Looking for a job? Check out the Human Resources postings! Cities from across the state advertise here!
TMHRA has a “City Jobs” section where cities can post links to their employment page. You can also access the TML classifieds and view HR jobs on TML’s site from this page. Just go to www.tmhra.org, and then click on “City Jobs.” There is a place to click in order to submit your city's employment page link.
The best part of these two sites is that they are absolutely FREE! So check them out today!
City of Plano
The importance of building strong organizations by focusing on the human component continues to gain attention, and TMHRA is an avid partner and vehicle to facilitate on-going learning and positive outcomes. TMHRA offers many opportunities for personal and professional growth through excellent training and networking forums, and our membership is diverse in terms of the professional backgrounds represented.
During the February Board meeting, membership was approved for nine new members, and we are very excited about their involvement and interest in furthering the mission of TMHRA. So, please join us in welcoming the following new members:
Judy Browder, HR/Accounts Payable, Town of Pantego
Chad Hall, Sr. Human Resource Analyst, City of Victoria
Rosalinda Hinojosa, HR Clerk, City of Alice
David Hunter, Administrative Services Director, City of Midland
Krisha Langton, City Secretary, City of Sealy
J B Manning, President, First Check
Jose Moreno, HR Manager, City of Fort Worth
JoAnn Ramon, HR Specialist, City of Alice
Norma Zenk, Town Secretary, Town of Pantego
We are very pleased that these professionals have chosen to join with us to make our organization even better. We look forward to working with you in whatever areas you choose. It takes a lot of work (and many people) to present the programming that TMHRA offers annually. So, please share your talents on committees, subcommittees, and the Board. There is always room for fresh ideas and new faces, and we appreciate your interest in helping TMHRA remain a tremendous professional resource throughout the State of Texas and with our colleagues through IPMA.
February 7, 2007
Below is a copy of an e-mail that TMHRA members should have received last week from the International Public Management Association for Human Resources (IPMA-HR). The e-mail welcomes you to affiliate membership in the national organization. TMHRA became a state chapter of IPMA-HR in 2003. As the only national HR organization representing the public sector, the TMHRA Board believed that this organization would provide us with new benefits without interfering with our state chapter.
Now IPMA-HR has decided that all state chapter members–including TMHRA members, who are not individual or agency members of IPMA-HR–will become Affiliate Members and will begin receiving certain member benefits. The main benefit is the IPMA-HR Weekly HR Bulletin that you will soon receive by e-mail. You will also be eligible for the member rate for professional development.
The TMHRA Board has considered this action by IPMA-HR and is concerned that our members no longer have a choice, but are required to become IPMA-HR Affiliate Members. In July 2007, TMHRA will be assessed $12.50 per Affiliate Member. In July 2008, TMHRA will be assessed $25 per Affiliate Member.
Since this affects your membership rates, the TMHRA Board has decided to place this IPMA-HR affiliate membership issue to a vote of the membership in August. Therefore, along with the usual TMHRA officer/board ballot, members will also be asked if they believe the benefits offered by IPMA-HR membership are worth the additional dues assessment and the requirement that all TMHRA members join IPMA-HR. The TMHRA Board will of course abide by the decision of the membership through this balloting process.
The TMHRA Web site, quarterly newsletter, and the business meeting at the Mid-Year/IPMA-HR Southern Region Conference will be used to further discuss and distribute information on this important professional association issue.
Thanks for your support of TMHRA/IPMA-HR,
On behalf of the Executive Council and staff, I would like to welcome you to membership in the International Public Management Association for Human Resources (IPMA-HR).
As you may know, on October 26, 2006, the IPMA-HR Executive Council adopted new chapter/section affiliation benefits in an effort to better align and strengthen all levels of the association. Effective July 1, 2007, members of IPMA-HR affiliated chapters and sections that are neither IPMA-HR individual members nor agency covered staff members will become IPMA-HR chapter/section affiliated members.
In March 2004, the Executive Council voted to establish a united membership structure that would require chapter and section members to become national members. The Executive Council believed that growing the membership was key to the continued and future viability of the association. A Membership Advisory Council (MAC), composed primarily of chapter, region and section leaders, was established to develop an implementation plan. Over the past 2 ½ years, this issue has been given careful and deliberative thought and consideration by the Executive Council, the MAC, and the staff.
As a new IPMA-HR chapter/section affiliated member, you will receive the following benefits: the weekly HR Bulletin, which was rated as one of the most valued IPMA-HR benefits in a recent membership survey, and the IPMA-HR member rate for all professional development activities. We will begin sending the HR Bulletin to you in the next few days.
Those covered as an affiliated chapter/section member will not be allowed to hold IPMA-HR national office nor will they have voting rights. (Full national membership is required either to hold national office or have the right to vote.)
How It Will Work
Membership dues for this new membership category will be phased in over the next two years. By June 30, 2007, IPMA-HR affiliated chapter leaders will submit a listing of all chapter members along with the annual chapter reporting form. The chapter rosters will be compared against the IPMA-HR membership database and chapters will be billed $12.50 for each person not a member of IPMA-HR for the membership year beginning July 1, 2007. The chapters will have the option of paying the $12.50 per person fee in two installments.
Beginning July 1, 2008, and thereafter, the chapters will be billed $25 per chapter affiliated member who is neither an IPMA-HR individual member nor an agency covered staff member. As chapters recruit new members, they will submit them to IPMA-HR and a national membership in this new category would be started. Dues will not be prorated. Chapters that provide honorary life memberships would have that category exempt from this requirement. Chapters that do not pay the amount due within 60 days would automatically lose their IPMA-HR charter.
The same requirement will apply to the sections. Since the membership records of the sections are maintained by the association, there is not a reporting form requirement. This means that between now and June 30, 2008, the maximum amount that will be due is $12.50 per chapter or section affiliated member who is neither an IPMA-HR national member nor an agency covered staff member. We are transitioning this new dues structure and providing a two-installment payment option in 2007 to minimize the financial impact felt by either our chapters or its members.
IPMA-HR chapter and regional leaders will best determine how to fund this new requirement. Suggestions have included passing the fee onto each member as part of their chapter or section dues, covering the cost through an increase in current/new programming fees, tiered membership dues, or some combination.
The current requirement that chapter and section presidents and presidents-elect be national members or covered staff members of IPMA-HR agency members will continue. All of these individuals are IPMA-HR leaders and it is important that they maintain full memberships.
The Executive Council and the staff recognize that this represents a change for the chapters and sections. However, we believe that the minimal cost is more than offset by the benefits that will be provided and that the better alignment of the Association will make IPMA-HR and its component parts stronger and better positioned to grow.
If you would like additional information about this new category of membership, please visit our web site or contact Joe Grimes, IPMA-HR Membership and Communications Director.
We look forward to your active participation in IPMA-HR and are glad to have you as a member of the only association that represents you, the public sector HR professional.
Need to ask a question of your fellow HR professionals?
Need to find out how other jurisdictions handle certain types of problems or issues?
Need to find out if other jurisdictions have a program you are thinking about implementing?
Need to ask other HR departments to share a job description, personnel rules, or other documents with you?
We have all wished at one time or another that we could quickly and easily ask other HR professionals for information that we need NOW! We know that the information we need is out there and that others have already dealt with the issue facing us. We know that the wheel has already been invented. We just want to get the instruction manual, so that we don’t have to invent it again.
There is a quick and easy way to contact a lot of HR professionals and ask a question or make a request. This quick and easy method is called “List Serve.” Actually, list serve is just a Web-based system to post questions and answers in one central location. There are several types of list serves. Some are relatively simple, while others can be very complex. But they all serve the same purpose: They allow people to ask questions and then hold in one location all the responses to the question. This allows a user to go to the location of the list serve and review all the responses to the question. Many list serves allow the question and responses to be indexed and archived, so that the same question does not have to be repeatedly asked.
There are many advantages for using a list serve. Responses to the question are sent directly to the list serve, so those individuals who are not interested in the topic do not have their e-mail inbox filled with the responses from others. It is much easier to control to whom the requests for information are sent. Since all requests are issued from one location, individuals can request to be removed from the mailing list. If a person’s e-mail address changes, the mailing list can be updated to reflect the change. This will help you stop receiving unwanted e-mails or having undelivered e-mail messages flooding your inbox.
The Board of TMHRA is considering adding a list service as an additional benefit to members. A question on adding list service as a new benefit will be asked on the annual survey. If you feel this would be a worthwhile service to offer, be sure to indicate your support for it on the survey.
The U.S. Equal Employment Opportunity Commission’s Final Revisions of the Employer Information Report (EEO-1)
Thanks to several readers for their comments regarding the fact that the EEO-1 report was not required by municipal government entities. The EEOC specified that the Standard Form 100 (EEO-1) must be filed by all private employers who are subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees EXCLUDING State and local governments, primary and secondary school systems, institutions of higher education, Indian tribes, and tax-exempt private membership clubs other than labor organizations.
Senator Chris Dodd (D-CT) announced on February 1, 2007, his intention to introduce a bill to expand the Family and Medical Leave Act (FMLA) to include up to six weeks of paid leave.
Dodd is the author of the original FMLA, which turned 14 on February 5, 2007. In announcing the legislation, Dodd said, “Besides our nation’s families, our nation’s economy, its production, and its competitiveness are threatened when families are forced to choose between the job they need and the family they love,” Dodd said. “FMLA was a milestone in our nation’s dialogue, acknowledging that families, workforce production, and competitiveness are not mutually exclusive.”
The measure will be funded through contributions of the employer, employee, and the federal government. Dodd also referenced a report released by the Project on Global Working Families—part of the Harvard School of Public Health—entitled The 2007 Work, Family, and Equity Index: How Does the United States Measure Up?
The report reveals that the United States is behind other industrialized nations in providing maternity and paternity leave. One hundred sixty-three countries provide paid maternity leave in connection with the birth of a child. The only other industrialized country that does not offer paid leave, Australia, provides 12 months of unpaid leave, compared to 12 weeks in the U.S. Forty-five countries provide paid paternal leave or allow fathers access to paid parental leave.
As for medical leave, 139 countries provide paid leave for short- or long-term illnesses, where the U.S. does not provide any paid leave.
Comments Sought on Public HR Core Body of Knowledge
The IPMA-HR Professional Development Committee has developed the public HR core body of knowledge. The core body of knowledge is geared to a journey level HR analyst and includes the following: public sector HR basics, recruitment, selection, classification, compensation, benefits, equal employment opportunity and diversity, organization development, and labor and employee relations. The core body of knowledge is posted on the IPMA-HR Web site at http://www.ipma-hr.org. The Professional Development Committee is very interested in your comments concerning the core body of knowledge. Please submit any comments to Carrie Hoover, IPMA-HR director of professional development, at email@example.com.
Contributors Sought for Public Personnel Management Special Winter 2007 Issue
The last issue each year of the International Public Management Association for Human Resources’ (IPMA-HR) Public Personnel Management—the winter issue—is a special issue. The topic for this year’s issue will be workforce planning, with a particular focus on succession planning issues as a result of, or relating to, the aging of the workforce.
IPMA-HR member Tom Calo, Ed.D., IPMA-CP, a management faculty member in the Franklin P. Perdue School of Business at Salisbury University in Salisbury, Maryland, has volunteered to be the special editor of the 2007 winter issue of Public Personnel Management, and he needs your input with articles and/or potential authors.
Contributions from practitioners are encouraged. The guidelines for contributors to Public Personnel Management can be found online at http://ipma-hr.org/content.cfm?pageid=93. For more information, to submit article ideas, or to submit a query, contact Calo by e-mail at firstname.lastname@example.org or by phone at (443) 614-2244, or contact IPMA-HR Publications Manager, Elizabeth Kirkland, by phone at (703) 549-7100 ext. 243 or by email at email@example.com.
MULTI-STATE INFORMATION SHARING AND ANALYSIS CENTER–CYBER INFORMATION BULLETIN
DATE ISSUED: February 6, 2007
SUBJECT: Daylight Saving Time
This information bulletin discusses the changes in the federal law regarding Daylight Saving Time. The purpose of this bulletin is to inform the community of possible issues and to provide recommendations to minimize problems.
The Energy Policy Act of 2005 amends the Uniform Time Act of 1966 by changing the start and end dates of daylight saving time in the year 2007. Originally the clocks would be set ahead one hour on the first Sunday of April and reversed on the last Sunday of October. The new amendment changes this such that the time is set ahead one hour on the second Sunday of March and reversed on the first Sunday of November. This change could lead to complications of time stamped data services such as databases, mail servers, NTP servers, firewalls, switches, backup and storage systems, printers, pbx systems, fax machines, voice mail systems, interactive voice response (IVR) systems, automated call distributor (ACD) systems, copiers, cell phones, and PDA devices. Additionally, it should be noted that there are possible issues that may arise for client/server computer systems, such as authentication services, as well as other technology services that rely on time stamped information.
There could also be complications in applications that use time stamped data. We are aware of patches for the Sun Java Runtime Environment (JRE); these should be applied and any other applications or application environments should be checked to make sure that they will correctly handle the new daylight saving time rules.
Windows 2000 has passed the end of Mainstream Support and will not be receiving an update without Extended Hotfix Support. Windows XP SP 1 is no longer supported and will not be receiving an update for this issue. Patches are available for Windows XP SP2, Windows Server 2003, and Windows Server SP1. Please confirm with your vendors the needed steps to ensure that device times are kept accurate.
Identify all time dependent applications. Update and apply all appropriate patches to applicable systems after appropriate testing. Ensure that your users are aware of the change and pay particular attention to calendar entries during the new daylight saving time periods. Validate that all critical systems have the correct time after each rotation of DST to mitigate any possible issues on those hosts.
United States Code (Energy Policy Act of 2005): http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ058.109
This article is being sent out on behalf of an IPMA-HR member who is seeking assistance on a research project. Please respond directly to Cheryl Young at Young4@picusnet.com for more information.
Cheryl A. Young
Doctoral Candidate of Capella University
I am a doctoral student at Capella University pursuing a doctorate in Organizational Management. I am in the dissertation phase of my program and am conducting research in my specialization. The title of my dissertation is Examining the Relationship Between Organizational Culture and Formal Mentoring Programs. It would be greatly appreciated if you would permit me to conduct a survey of your organization.
The purpose of the research is to identify if a relationship exists between organizational culture and the effective formal mentoring programs. The implications of this study can be of significant value to organizations as they prepare to implement formal mentoring programs. The findings could also help organizations assess the likelihood that implementation of a formal mentoring program will be successful and increase the organization’s competitive edge within the current organizational culture.
The survey will elicit the view of your staff member tasked with organizational development or human capital development through a questionnaire to determine the type of organizational culture and formal mentoring programs that are employed within your organization. This research is being conducted using all ethical research standards and procedures. Your responses will be held in strict confidence and complete anonymity is guaranteed.
I thank you in advance for your participation. Your answers are of the greatest importance to the success of this study.
Cheryl A. Young, Doctoral Candidate, Capella University
Here’s the latest legal update from Audrey E. Mross:
1. Overtime Onus Continues – Several big bucks settlements between employers and the Wage and Hour Division (“WHD”) of the U.S. Department of Labor are not-so-subtle reminders that there are many ways to make a mistake when it comes to paying overtime. The new year is an ideal time to double-check your classifications, policies, and methods, to avoid these mistakes:
a. The largest settlement in WHD history ($33 million) arose from Wal-Mart’s self-reported concern over its record-keeping and compensation practices. The five specific mistakes were [i] paid overtime to salaried nonexempts only after they worked more than the 45- to 48-hour “fixed” workweek; [ii] premium based on geographic location not included in the regular rate; [iii] nondiscretionary bonuses not included in the regular rate; [iv] failure to include paid time off in calculating bonuses that are subject to overtime; and [v] computing regular rates based on biweekly pay periods instead of the work week. The records review uncovered overpayment of about 215,000 current and former workers, but Wal-Mart agreed it would not seek to recover those amounts. Wal-Mart has set up a Web site (www.dol.settlement.wal-mart.com) and a toll-free number (888-262-1559) to field questions and has agreed to include affected workers going back five years, rather than the normal two-year limitations period, for workers in all 50 states. Chao v. Wal-Mart Stores Inc. (W.D. Ark. 125-07). California’s DOL filed a lawsuit the same day, making similar allegations that are specific to workers in that state.
b. A $12.8 million settlement will be divvied up among a class of Wells Fargo technical workers who claimed they were mistakenly treated as exempt from the FLSA’s overtime requirement, denied mandatory meal breaks, and the failure to properly credit all hours worked to a cash balance plan violated ERISA. The class of 4,500 workers in 39 states were called “business analyst” and “business consultant,” but their duties involved producing and updating automated versions of documents and routine support, such as updating user profiles. Gerlach v. Wells Fargo & Co. (N.D. Cal. 1-19-07)
2. Troubling Trend – Employers already know (or should know) that the U.S. Supreme Court issued a new standard last summer for Title VII retaliation claims, allowing conduct that falls short of an ultimate employment action (that is, firing, pay cut) to support a claim. See Legal Briefs for HR #6-2006. States are also jumping on the bandwagon, as demonstrated by a case where a former employee is proceeding on a claim of retaliatory discharge in violation of public policy, claiming he was fired for reporting an incident of workplace violence. The incident? Per plaintiff’s complaint, a subordinate employee “angrily disagreed with Plaintiff, raised his voice to a loud tone, and stood over the Plaintiff in a threatening manner” during a workplace meeting. What public policy? The court observed that the state constitution provides for the “health, safety and welfare of the people” and recently enacted statutes require health care employers to have a plan for reporting workplace violence and employers must provide job-protected leave for victims of violence. The message? Involve HR and/or legal counsel in termination decisions and be sure to check the state statutes and common law, which may provide additional recourse to an unhappy former employee. Daoust v. Abbott Labs (N.D. Ill. 1-11-07)
3. The World is Not Your Oyster – A company president, facility manager, and the HR manager pled guilty to conspiracy to hire undocumented aliens, and each faces up to six months in prison and a $3,000 fine per illegal alien. This, in addition to the company being on probation for five years and paying a $500,000 fine. The seafood processing company was found to have violated multiple federal immigration laws by, among other things, fraudulently obtaining H2-B visas and failing to properly react to SSA “no match” letters on nearly 900 employees. Exhibit A? A binder labeled “Bad SS#s” . . . ouch. United States v. Hillman Shrimp & Oyster Co. (S.D. Tex. 1-16-07).
4. Speaking of the World – Effective January 23, 2007, air travelers who are citizens of Canada, Mexico, and Bermuda, as well as U.S. citizens who are returning to the U.S., must show their passport to enter the U.S. The same requirement will apply to entrants who come via vehicle, cruise ship, or on foot, next year. Take note, both business and pleasure travelers, and get or renew those passports!
5. Simply the Best – The January 22 issue of Fortune magazine is a great read, including its annual “100 Best Companies to Work For.” Our ten-gallon hats are off to Texas-based employers (and LB4HR subscribers) who are being recognized, including:
a. #4 – Container Store (Coppell)
b. #5 – Whole Foods Market (Austin)
c. #9 – Methodist Hospital System (Houston)
d. #12 – David Weekly Homes (Houston)
e. #22 – Valero Energy (San Antonio)
f. #65 – Alcon Laboratories (Fort Worth)
g. #79 – TD Industries (Dallas)
h. #83 – EOG Resources (Houston)
i. #86 – National Instruments (Austin)
j. #87 – Texas Instruments (Dallas)
k. #90 – Mens Wearhouse (Houston)
6. On the Bubble? – Some small employers successfully avoid Title VII and ADA claims by arguing they have less than the requisite 15 employees (in a 20-week period during the current or prior calendar year). In 2003, the U.S. Supreme Court set out a 6-factor test, to determine if a shareholder-director of a professional corporation should be included in the headcount, for determination of employer status. Now, the 1st Circuit has determined the same test should be applied to closely held corporations. DeJesus v. LTT Card Services Inc. (1st Cir. 1-19-07). If you’re on the bubble, consider  whether the entity can hire/fire or set the individual’s work;  to what extent the individual’s work is supervised;  whether the individual reports up to another person;  to what extent the person influences the entity;  parties’ intent as expressed in written agreements; and  whether the individual has the opportunity for profit/loss and shares in liabilities of the entity.
7. Thinking Green – Per the 2-2-07 Dallas Morning News, Bank of America is extending the geographic scope of a $3,000 reimbursement (for buying a new hybrid car) to employees in Texas. The benefit was offered last year to workers in Boston; Charlotte, North Carolina; and Los Angeles, and will now encompass 185,000 employees across the country. Per the Fortune magazine article, Google offers its employees $5,000 per hybrid car purchase.
8. Define “Relevance” - HR has long encouraged hiring managers to focus on job-related attributes while interviewing and making selections. The City of Lansing, Michigan, has taken it a step further by prohibiting employment discrimination that is based on “irrelevant characteristics,” effective 12-20-06. Per the ordinance, those characteristics include but are not limited to the person’s actual or perceived race, religion, ancestry, national origin, color, sex, age, height, weight, student status, marital status, familial status, housing status, veteran status, political affiliation or belief, sexual orientation, gender identity or expression, mental or physical limitation, and source of income. Violators will be fined $150 for a first offense, up to $250 for a second offense, and up to $500 for a third offense. Lansing’s City Council passed a similar ordinance in March 1996, but it was eliminated via a voter referendum the following November. Opponents of the 2006 measure say they will try to overturn the measure by getting it on the ballot again in 2007.
9. Bye Bye, Baby UI – The U.S. DOL published a final rule on 1-16-07, limiting all states’ payment of unemployment compensation to individuals who are able and available (“A&A”) for work. The rule becomes effective 2-15-07. The A&A requirement has been implied and acquiesced to, but not expressly included in either federal law or the Code of Regulations, until now. The omission became a source of controversy during the creation and ensuing rescission of the Birth and Adoption unemployment compensation regulation (aka, Baby UI), with both sides citing to the omission to make their case. Baby UI temporarily allowed states to amend their laws and offer UI to parents of newborn children who chose to stay at home. The new regulation can be found at 20 CFR Part 604.
10. Smoke Signals – Smoking in the workplace is increasingly regulated as a matter of state law and/or local ordinance. Texas employers can tap into an ordinance database, provided by the Texas Department of State Health Services, at http://txshsord.coe.uh.edu/createReports.aspx. Also, add Rhode Island to New Mexico and Maryland, as states that mandate inclusion of payment for smoking cessation in certain individual and group health plans. The Rhode Island requirement is triggered by having a plan that provides for coverage of physician’s services and major medical or other comprehensive coverage. The Maryland requirement is triggered by the inclusion of prescription drug coverage in the plan. Oddly, the New Mexico requirement is triggered by a plan that offers maternity care.
Audrey E. Mross
Labor & Employment Attorney
Munck Butrus, P.C.
900 Three Galleria Tower
13155 Noel Road
Dallas, TX 75240
June 14, 2007, and June 15, 2007
Labor Relations Academy II: "The Arbitration Process" presents a thorough grounding in the role of arbitration in union-management relations from the perspectives of the practitioner, the arbitrator, and the advocate. Workshops address responding to grievances, the rules of contract construction, and how and when to raise arbitrability. Participants will draft a response to a grievance and learn how to improve their skills in preparing and presenting a winning case. An arbitrator will discuss what works and what doesn’t and present the key elements of the burden of proof. Interactive exercises in choosing an arbitrator and selecting witnesses are designed to build expertise.
Labor Relations Academy III: "The Negotiation Process" focuses on the negotiations process in a simulation involving economic, reclassification, and benefit issues that gives participants an opportunity to sharpen their negotiating skills. Materials are sent out in advance for preparation before the session. Upon arrival, each person is assigned to a union or management team and given confidential instructions for strategic planning. Coaches and "mediators" are provided, and additional instructions keep the exercise lively. An interactive workshop on thorny problems such as the timing of settlements, impasse strategies, and multi-year contracts follows the simulation debriefing. A labor-management point/counterpoint featuring a union official rounds out the day, with a perspective from "the other side of the table."
Registration form: http://www.npelra.org/2007academy2and3reg_form.asp
Congratulations to James K. Russell, IPMA-CP, Human Resources Director, City of Georgetown; and Dorris Tucker, IPMA-CP, Senior Human Resources Analyst, City of Dallas Human Resources Division, for earning their IPMA-CP certification.
This is YOUR newsletter and we want to ensure it provides you with a valuable source of information from TMHRA. If you have any ideas, articles, or information you would like to see included in future newsletters, please submit them to the Newsletter Committee.
2006-2007 Newsletter Committee Chair
Don William Byrne, PHR, IPMA-CP