Hello All,

Here is the latest issue of “This & That.” I hope you find it to be informative and useful.

 

NLRB posting notice requirement delayed indefinitely

An indefinite delay in the effective date of the National Labor Relations Board’s (NLRB) rule requiring the posting of employee rights under the National Labor Relations Act was formally announced with a notice in the Federal Register on May 2.

 

Tips to improve the way you give a performance appraisal

• Too vague. Too many “good job” and “keep it up” comments. You need to be specific about what you liked and didn’t like in their performance. 
• Everything’s perfect – until you’re fired. Does the employee have a string of glowing annual performance reviews, no discipline and then are suddenly being let go. People aren’t generally resentful if they’re laid off because the company is suddenly facing difficulties not of their own making. However, what makes people angry and more likely to litigate is when they are surprised by their discharge. 
• Recency effect. This is when we overly focus on the most recent event as the basis for analyzing the entire past year’s performance. So, it is imperative for managers to keep some kind of “performance log” for the entire review period. 
• No preparation. Employees can easily tell if a manger has spent some time and given some thought to preparing the performance appraisal. You don’t want to send a message to an employee that “my time is too valuable for me to spend it on telling you how good or bad I think your performance is.” 
• Never giving a Performance Appraisal. If your policies state that you will give periodic performance appraisals and you don’t give them, you are setting a false expectation. Most employees would like to know how they’re doing. Not giving employees a review sends the same message a “No Preparation.” manager. 
• No ongoing and random recognition. Whenever you catch someone doing something good, a pat on the back has a lot of impact. Say “thanks” and mean it. The payback is immeasurable. 
• No special recognition for “above and beyond.” This involves doing something special for someone. It could be as simple as a “dinner and a movie” coupon, Disneyland tickets for the family, or a day off. It is important that you show employees that really go the extra mile, that you appreciate their effort.
• Not being truthful with employees. Are you Nice Guy or Tough Guy boss? Someone who has a hard time giving negative feedback or someone who never says anything good. Most employees can handle the truth; they just can’t handle inaccurate perceptions.  
• No follow-up. As part of every performance review, there should be goals set for the coming year. Some bosses forget about these goals as soon as they’ve been completed. There’s no structured and periodic feedback on how the employee is doing in relation to the goals or tips from the boss on what to do to get back on track. To be effective, the goals have to be top of mind for both the employee and the boss throughout the year. 
• No career path discussions. As part of your review process, you should be asking your employees “what do you want to do?” or “where do you want to go?” This forces the employee to look him or herself in the mirror and their role in the company’s future.

 

Honda Dealership to Pay $150,000 to Resolve Discrimination Lawsuit

A Honda car dealership in Henderson, Nev., will pay $150,000 to two black employees for subjecting them to discrimination, harassment and retaliation. The EEOC filed suit against the company on behalf of the two individuals in September 2010 in U.S. District Court.  In its lawsuit, the EEOC asserted that a parts department manager made racially derogatory comments and jokes on a near-daily basis and imposed stricter work-related rules on black employees than non-black employees. Two black employees were eventually fired, one after communicating that he was going to file a discrimination charge against the company.

 

The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The dealership agreed to enter into a consent decree with the EEOC resolving the matter. Aside from the monetary relief for the victims, the consent decree also requires that the company hire an outside EEO consultant; distribute its policies and complaint procedures with respect to workplace discrimination, harassment and retaliation; track future complaints; and provide annual equal employment opportunity training.

 

Citigroup unit to pay $500,000 in age bias case

A unit of Citigroup must pay $500,000 to a former branch manager who alleged the company fired him because of his age. The ruling, made by FINRA in January, found Citigroup Global Markets violated Florida's civil rights statute in 2008 when it terminated a branch manager.

The employee, 66 at the time, joined Citigroup in 1997. He had more than 25 years of experience in the financial sector, according to a document filed in the case by his lawyer.

 

Winning a discrimination case against a brokerage is unusual, say lawyers. Claimants typically need strong proof that age was a major factor in the dismissal under Florida law. That usually includes blatant statements of age bias made by the employer, they say.

 

The employment situation began to deteriorate in 2004 when Citigroup hired a new regional manager who oversaw the manager and other branch managers, according to the document. He began to hear from other branch managers who told him they were being "forced" back into broker positions and replaced with younger employees.

 

The employee’s manager made frequent remarks about age, according to the document. For example, he said things like "You’re getting kind of long in the tooth" for the job, and "When you reach your age, you should think of retirement and not working." The manager then engaged in a series of actions against the employee. They included giving him a "final warning" for alleged employee complaints that were unfounded, and reducing his bonus by 3 percent as a penalty for an alleged customer complaint, according to the document.

 

The employee was eventually "offered" a position as a broker while on family leave after his sister died. Citigroup replaced him with a 42-year-old manager, according to the document.

 

Factoids

 

Macular Degeneration

As we get older (50s & 60s), Age-related macular degeneration becomes more common (10 million of us already have symptoms). Get your eyes checked each year. If you are having blurred vision or seeing straight lines appearing wavy, definitely see your doctor.

 

Wellness

73% of employers use wellness incentives and the average wellness incentive jumped from $260 in 2009 to $460 in 2011. In 2011, 7% of employers required a health risk assessment to be eligible for medical coverage, this year the number is expected to jump to 10%

 

The World is Changing!

Workers at Disneyland Resort in Anaheim are now allowed to grow beards and other facial hair for the first time. The policy will also apply to workers in Florida.