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HR Focus
I would like to report that we had a very successful workshop on June 30 regarding the new “Fair Pay” Overtime Exemption Regulations from the Department of Labor. Bettye Lynn did an outstanding job reviewing the requirements of the new regulations after we were somewhat confused by the representative from the Dallas Area DOL Wage and Hour Office. Remember, these new regulations take effect on August 23, 2004. In my City we are in the process of reviewing our “exemptions” now. The next TMHRA “Event” will be the Employment Law Seminar scheduled at the Plano Marriottt at Legacy Town Center, September 16-17, 2004. We have speakers lined up from two different law firms plus a Washington D.C. update from IPMA-HR Executive Director Neil Reichenberg. You should have already received publicity on the seminar or it is available on the TML Web site. Don’t miss this one. Active TMHRA members should have received their ballots to elect next year’s officers. The nominating committee has proposed an outstanding slate of qualified candidates. Please consider your selections carefully and then be sure to mail your ballots as instructed. We depend on your cooperation to make the Association a success. Barry Robinson September
16-17 October
27-29
November 19 MARK YOUR CALENDARS NOW!!! NEW
FLSA “WHITE-COLLAR EXEMPTIONS” WORKSHOP On June 30, 2004, 198 people gathered in Dallas for TMHRA’s FLSA workshop, overflowing the Crowne Plaza like never before for our one-day event!!! We walked into the first session with the “deer in the headlights” look on our faces, terrified to hear what the sessions would bring. TMHRA President, Barry Robinson welcomed everyone to the workshop and introduced our first speaker, Mr. Gary Edwards. Mr. Edwards, Assistant District Director of the Department of Labor, directed everyone through various pages of his presentation and kept attendees “alert” as he discussed the new tests for exemptions, executive duties, administrative duties as with learned professional duties. Bettye Lynn provided great legal advice as with comedy relief by discussing the impact of new white-collar regulations on cities. Bettye further clarified the new tests and duties as they relate to the revised FLSA laws. It was also discovered that first responders were exempted from the “white-collar” exemption thanks to their strong lobbying force! Another insightful component of Bettye’s presentation dealt with the exceptions to the “no deduction” rule. As public entities, we are not bound only to the six exceptions to this rule, we actually have seven!!! Because of the nature of our existence (public accountability), we are allowed to deduct from an exempt employee’s pay for reasons other than the standard exceptions. After lunch, Bettye continued her presentation on the impact of the new white-collar regulations on cities. It was recommended that HR departments do the following:
The day concluded with a practical application of the new regulation in which attendees reviewed “dated” rulings from DOL regarding exemption status changes and determined if DOL’s rulings would change under the new regulations. Attendees also had the opportunity to review job descriptions from local municipalities to determine if the status of the position would change under the new regulations. Overall, the session proved to be very interesting and insightful. Because of the information that was delivered in the sessions, the “deer in the headlights” looks dissipated into looks of determination as we knew what must be done to be in compliance with the new regulations! 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:
ARTICLES OF INTEREST aka NEWS YOU SHOULD USE IS
ETHICS ALWAYS A MATTER OF FOLLOWING THE RULES? Business people love lists of rules, from The Seven Habits of Highly Effective People to 1001 Ways to Reward Employees. This love of rules extends to business ethics because those companies with ethics programs hinge them on codes of conduct-in the final analysis, a list of rules meant to engender ethical behavior. But despite an instinctive affinity for rules, human beings also know that being virtuous is more a matter of having the right values (appropriately flexible guidelines that treat ethical behavior as a matter of general compliance and ethical intent) than it is a matter of following lists of rules. Thus, most people facing ethical pressures at work don't, in the heat of the moment, consult rules, policies, or regulations. If they're truly concerned about doing the right thing, they consult their "gut" feelings about what they should do. Though an organization's rules may play a role in forming the employee's sense of organizational values and expectations, rules leave holes and room for interpretation and often take a back seat to observed behavior. Choosing among wrong and wrong, right and right, and the unknown Is the financial officer who placed undue pressure on her team of analysts to "make the numbers" in order to save the jobs of deserving employees any less blameworthy than her counterpart who bent accepted accounting practices solely for personal gain? What torment did biblical Abraham face, ascending the mountain under orders to kill his son Isaac? Abraham's ethical conflict required determining whether the ethically appropriate action was prescribed by what he had thought was his Maker's expectation (to care for the members of his family) or by his Rule Maker's command (to kill Isaac). The value and the rule conflicted. If he followed the value, Abraham would have disobeyed a direct order; following the order (that is, the rule) would have offended a deeply held ethical value. In business, employees frequently face novel situations for which there are no applicable rules. Potentially even more problematic than these situations are those cases in which following rules or accepted practices may produce an unethical outcome. Can there be four steps to ethical decision making? Because rules have limitations and ethical outcomes are rarely definitive, the standard practice in business ethics "training" programs has become the introduction of a "decision-making model"-no less than a short, step-by-step list of rules to help a decision maker reach an ethical course of action. For example: Step 1: Identify the facts and issues.
Step 2: Identify applicable values.
Step 3: Seek help if needed.
Step 4: Reach the best decision based on the available information.
But four steps (or rules) and eight questions can't lead a person in each and every ethical dilemma to the "right" decision. When a person reaches the end of Step 4 and the answers to the questions, respectively, are "yes" and "no" then the person merely knows what he or she already knew-that he/she has a serious ethical dilemma on his/her hands. With regard to significant ethical dilemmas that presumably put the professional integrity of an IMA member at stake, the IMAs Standards of Ethical Conduct for Practitioners of Management Accounting and Financial Management ominously state: "If the ethical conflict still exists after exhausting all levels of internal review, there may be no other recourse on significant matters than to resign from the organization and to submit an informative memorandum to an appropriate representative of the organization." Clarifying the problem, not the solution In general, what should an individual do (prior to the extreme step of resignation) when faced with a legitimate situation in which his or her values conflict with the rule or accepted practices or there are no rules to apply? Should he/she rely solely on ethical instincts, trusting that the employer will always appreciate attempts to be ethical, even if he/she violates the rules or accepted practices in doing so? Absolutely not. Even in the most compassionate corporate culture, an employee certainly can be blamed for not following the rules or even for following them to the letter while failing to consider the spirit. Bending accepted accounting practices, even for apparently ethical reasons, is, at best, shortsighted and, at worst, potentially destructive. On the other hand, the organization that places rules and practices over ethical outcomes isn't likely to retain the loyalty of its employees or its other stakeholders. In the decision-making process, ethical values should serve as ethically legitimate "wiggle" room within which to interpret rules-not to rationalize unethical behavior but to exercise appropriate discretion to reach an ethically acceptable outcome. The beneficial outcome of following a structured ethical decision-making process is less often the "right" answer and more often the ability to think clearly about the dilemma at hand. Being able to articulate your decision-making rationale and, where applicable, your rationale for wanting to break a rule or practice is a valuable quality that can lead to decision-making progress. Possessing this quality can help an employee ascertain whether or not he/she works for an employer that shares his/her ethical values. A negative answer will raise a dilemma of a different kind: whether he/she should work for (and further the interests of) that organization at all. About the Authors Lawrence A. Ponemon, CMA, CPA, CIA, CFE, Ph.D., is partner and global leader of Compliance Risk Management for PricewaterhouseCoopers. larry.ponemon@us.pweglobal.com Christopher Michaelson, Ph.D., is a manager in the Business Ethics Advisory Services practice within Compliance Risk Management at PricewaterhouseCoopers. christopher.michaelson@us.pweglobal.com Curt Verschoor is the Ledger & Quill Research Professor, School of Accountancy, DePaul University. In our continuing efforts to serve our members, TMHRA has now made available on-line policies and procedures manuals to our member cities. The Board thought it would be a great idea and would provide a benefit to all members. Those new to HR will have a valuable resource when writing policies, or, if someone needs to update policies, they will have access to best practices from around the state with just a few clicks of the mouse. To assist us in expanding the existing resource or policy manuals, we are asking that you send a copy of your policies and procedures to be included in the password protected “members only” section of TMHRA’s Web site. The policies need to be sent electronically to Petrena Barnes (pbarnes@tml.org). They are to be in a Word document format. If you have a problem with that format, please call Petrena at 512-231-7454. Performance Evaluation Comments The following are from actual performance evaluations:
Actual events from various interviews:
Actual statements from resumes:
Excerpts from actual cover letters
From the website of yourhireauthority.com 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.
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©2010 Texas
Municipal Human Resources Association, 1821 Rutherford Lane, Suite 400, Austin,
TX 78754;
512-231-7400; (fax) 512-231-7494; tmhra@tml.org
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