Sickening News for Small Employers?

California's new paid sick leave law goes into effect July 1, 2015.

Once we've all exhausted our complaints about how totally unfriendly California is to small business — what should employers do to inoculate themselves?

First know what the law mandates. Unlike most of California employment laws, this statute applies to companies as small as one employee. All employers (subject to some narrow exceptions) must provide one hour of sick leave for every 30 hours worked by their employees.

Lawyers are still working out the details of how this law will be implemented. My advice – wait until the dust settles before developing your own policy and procedure.

In a few weeks HR professionals and lawyers will be sending out free sample lists of things to do to get ready for the law's start date is July. Keep tuned to www.hrlegalresults.com for further updates.  Or call me with questions and concerns at 650-518-0327.

Anti-workplace bullying statute: A death knell for merit-based pay?

There's a new statute that applies to employers with over 50 employees known as “abusive conduct prevention training.” The law appears to be innocuous enough — it “simply” requires these employers to add anti-bullying training to their already existing sexual harassment prevention training classes.

That appearance is deceptive. On closer examination you'll see that the law isn’t simply addressing the obnoxious behavior of willful bullies. It also covers managers who undermine “a person’s work performance.”

Why do I think this law will lead to the curtailing of merit-based pay? Because the new working generations have been brought up in an environment where they are always winners no matter whether they score any points in the game. For them everyone goes home with a trophy just for showing up.

Traditionally work has been different. Not every employee’s performance makes them an MVP. The rule has been that merit is rewarded. In Silicon Valley companies best performers get the best performance evaluations, the best salary increases and the best stock options. On the other hand poor performers are transitioned out of the company.

Will the traditional merit-based system seem “abusive” to people who have never heard anything but “good job.” A recent article on workplace bullying in Health Magazine advised employees that, “If you have a bully, chances are it’s your boss.”

Should the younger generation’s idea of any comparative performance rating as “abusive” prevail under this statute then managers could only give merit-pay raises at their peril of being subject to discipline or eventually being sued. Although the statute does not include a private cause of action against an abusive manager at this point that seems to be the direction we’re headed for in California.

When you're looking to add this new “Abusive Conduct Prevention” training to your sexual harassment classes keep in mind the precarious situation managers are being put into based on the definition of managerial abusive conduct in today's environment. Make sure your training and your company policy clearly delineates the difference between merit-based pay for performance from willful conduct that undermines and sabotages an individual’s work performance.

Managers Come In All Shapes & Sizes — So Should Their Training

We know all managers aren’t created equal — yet we treat them as if they are. Don’t think we do? Look at how we deliver performance management training. We pretend that one size fits all.  Wouldn’t it make more sense to match training and development to specific abilities?

Here are snapshots of three types of managers who have vastly different training needs — along with practical training suggestions matched to their particular needs.

The Naturals & Near Greats

How to Spot: Everyone knows a natural when they meet one. Enough said. The Near Greats are the ones you catch reading the Harvard Business Review. Both kinds are rare and invaluable individuals. Either they just get it intuitively — or they pride themselves on figuring it out.

Suggestions: Why not unleash the talents of these masters of employee motivation?  Go crazy. Instead of requiring these superstars to give annual reviews, simply encourage them to continue using the alternative methods they’ve honed — which have already proven to get superior results.

The Clueless

How to Spot: Clueless is a harsh but accurate label for 1) Non- conversational English speakers and 2) Socially-challenged managers. Both have distinct problems but they share one common trait—disastrous results.  Some make stellar individual contributions but their expertise doesn’t transfer to people who work with them. 

·      Language-challenged managers star in the Silicon Valley version of  “The Emperor’s New Clothes.” Everyone simply ignores the language barrier.

·      Socially challenged managers typically can’t read social cues. This kind of person isn’t hardwired to understand team dynamics or individual motivation.

Suggestions: This special group cries out for individual, one-on-one performance training. It’s a glorious day for the company when these challenged managers “get it” through individually nuanced preparation for the job.

The Scoffers

How to Spot: Scoffers resist making any improvements in their methods. They refuse to acknowledge that quality management is a job requirement. This type won’t even admit, for example, that positive reinforcement is a proven management technique.

Suggestions: I would tell this group that developing and applying management skill is a condition of employment for managers. Then I would start a special program — called “The Door”— for managers who won’t do the job.