® The Peoplelink Online Newsletter OCT. – NOV. ’16 – NOV. OCT. Up link

IN THIS ISSUE » What The Movie ‘’ Can Teach Us

· What The Movie ‘Sully’ Rodger Dean Duncan Can Teach Us About About Leadership Leadership (1)

· From the President’s Desk: Five Things That Won’t Get You Hired – And One That Will (2)

· Bright Ideas The ‘Golden Suggestion’ for Managers (3) is starring in another some unexpected event that’s example, wouldn’t we want the movie that provides not only way outside the imagination of team in a nuclear power plant · Meet Alysia Schilling (4) good entertainment, but a great the procedure writers? What control room to adhere inflexibly tutorial in sound leadership then? The situation can quickly to standardized instructions? · Staffing Statistics (5) practices. degenerate into something Wouldn’t we want the pilots in The movie is Sully. You know resembling the “I Love Lucy” charge of our cross-country flight · Shining Star (10) the story by now. When a flock scene where Lucy and her to stick rigidly to the procedure of geese shut down the engines friend Ethel were working in a book? on a U.S. Airways flight taking chocolate candy factory. All was Well, yes and no. First, · HR News (11) off from New York’s LaGuardia going well until the conveyor belt remember that no set of Airport, pilot “Sully” Sullenberger suddenly accelerated. At first, procedures can anticipate every didn’t have the luxury of time Lucy and Ethel simply worked possible contingency. A tank to peruse all the procedure faster. But soon they were stuffing rupture forced the Apollo 13 manuals. Calling upon his chocolates into their pockets, mission to be aborted. Three experience as a glider pilot, he into their mouths, and inside astronauts found themselves Raising the Bar in safely landed his 67-ton airliner their uniforms to prevent their 200,000 miles from earth, in the middle of the . supervisor from discovering they with limited ability to control Staffing Since 1987 All 155 passengers and crew couldn’t keep up. their spacecraft, and with a survived the harrowing ordeal. This was a classic example rapidly depleting supply of With a standardized of unintended consequences. oxygen. Only the ingenuity of checklist of procedures, most So, you might ask, what about the crew, flight controllers, and teams can clip along nicely. But teamwork situations where support personnel enabled the what happens when something errors have the potential for astronauts to return home safely. goes wrong? What about catastrophic consequences? For CONTINUED ON PAGE 9

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From the President’s Desk » Jay Mattern, President and COO

FIVE Things That Won’t Get You Hired AND ONE THAT WILL

There is no question that the job 5. A focus on hiring the most- education and abilities. Smart and keep their eyes glued to their search process has gotten a qualified person for the lowest employers fill their openings easily clipboard? How is that a business lot harder over the past several possible salary because they can see past the process in 2016? years. The economy was terrible resume to the capabilities of the Employers blame ‘talent shortages’ Smart employers hire awesome for years of course, but that isn’t person behind it. for their problems in filling their people and teach them what the whole story. Even now that organizational charts, but that is They don’t view recruiting as a they don’t already know. They the job market is warming up, a nonsense. Leading a company is weeding-out process. They see don’t expect candidates who job-seeker can still have major possess every one obstacles to contend with. of their endless list of Here are five of the biggest Essential Requirements barriers between smart to show up at their and capable job-seekers door, eager to work and hiring managers who for them. They live desperately need help: in the real world. They don’t blame Five Barriers Between Job- talent shortages or Seekers and Hiring Managers other bogeymen for 1. Automated job- their own leadership application sites a/k/a problems. Applicant Tracking Systems Job-hunters in today’s that use keyword-searching environment have to weed people in or out of learned that pitching the interview process applications into 2. Unclear, opaque and the void via online even talent-repelling job application systems is ads that leave job-seekers a waste of time. guessing as to the salary an exercise in dealing with reality, recruiting for what it is: a sales When your brilliant career is range, the job description and the and when employers whine about and marketing mission. They boiled down to a few lines of requirements of the job talent shortages and blame the don’t use technology as a shield text and you’re asked about your 3. Broken, bureaucratic interview educational system for failing to to keep humans away from their Tasks and Duties at each job processes that include pointless prepare students for roles in their companies. They love to have (and your Reason for Leaving!) as steps, unexplained delays and companies, they are not operating substantive conversations about though these were the essential assignments for job applicants to in the real world. broad-ranging topics on their job things for a hiring manager to perform work for free interviews. know, you’re already vanquished. In the real world, people come to You can’t win. 4. Interviews conducted by the job market equipped with all Why would they invite a person people who have little to no sorts of interesting combinations into their facility only to read them Your style and substance can’t understanding of the job to be of talent, pluck, experience, questions from an ancient script permeate that membrane built of filled; and CONTINUED ON PAGE 9

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!

! Br ! ght Ideas

The ‘Golden Suggestion’ for Managers Wayne Turmel

One of the most quoted pre- The truth lies in Alice’s ad- The problem, of course, is that weren’t alone in the universe. It cepts for human behavior herence to the “Golden Rule.” she was (and is) a unique case. took very little time, and often is referred to as the Golden She used to do their job, and Not everyone has her experi- took a simple Instant Message Rule: “Do unto others as you’d was very good at it. She was ence. Some people need con- asking, “how’s it going? How like them to do unto you.” It’s also an experienced teleworker, stant short interaction in order to can I help?” damned fine advice, and some brilliant, and was excellent at feel connected to the work and The other employee was variant of it is found in nearly ev- focusing and drowning out dis- check assumptions. Others want tenured and a bit of an introvert. ery major religion and school of tractions until the job was done. to get their marching orders, be He preferred longer, highly philosophy. But when it comes to She always wanted her manag- left alone to complete them, and structured and less frequent management, the Golden Rule er to give her guidelines, check they’ll jolly well let you know discussions, usually by phone is flawed. in infrequently, keep interactions when they need help. or (grudgingly) webcam. Alice I’m not talking about the short, be there when Alice did That’s what was going on often needed to initiate the notion that you shouldn’t do have a question or needed there. One employee, newer conversation, which that worker or ask something of someone help, otherwise generally stay to the team and unused to tele- took as interruptions. you wouldn’t be willing to do out of her way. To her mind, working, wanted some form of One person’s short, frequent yourself. That’s basic human de- that’s how she always wanted contact almost daily. Sometimes check-ins can be someone else’s cency. I’m referring to the notion to be managed, and therefore there were specific questions to intrusive micro-managing. Your that other people work in the how she planned to work with be addressed, sometimes that trust in someone’s ability and same way we do, and want to her team. person just wanted to know they desire to stay out of their way be managed the same way you may be seen as a lack of com- like to work. munication or even caring. Let me give you a simple You don’t know unless you example. Two members of my have real conversations about friend Alice’s project team are how people prefer to work, try equally good at their jobs. They it out, and assess whether it’s both serve the same function, working for both of you. and she has an equally high As far as managing others opinion of both. Yet when she goes, then, Golden Rule, then, got some 360 degree feed- should be seen as more of a back, one of them felt she was Golden Suggestion. “micromanaging” while the oth- er felt she could check in more often. How can both things be true when she maintains the same schedule with each?

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Meet ALYSIA SCHILLING » » » Senior Recruiter, Pompton Plains

» How long have you been I worked for that took no • Staff incentives in the staffing business? ownership or accountability • Staff contests with a 3 ½ years for his faults and had poor healthy competitive » What was your first job? management style. edge What do you remember » What motivates you each » What makes People- most about it? My 1st job day to sell and service your link unique, from your was at a Bagel & Deli shop that clients? The excitement that perspective? my neighbors own. I remember comes from placing candidates • Very genuine and ap- oriented having a lot of fun working with and being recognized by a client proachable management • Being able to separate different people. It was a typical for a job well done. • Hands on management friendship from work deli job, but working with friends • Continuous motivation to » What are some of your • Having the type of made it fun. boost morale long-term goals? personality that motivates • Staff recognition throughout » Who was the worst boss • To assist with opening new and drives those around me you ever had and why? offices in order to expand our the company » What is the best advice client base » What makes you I typically do not like to criticize you could give to other • To help coordinate team successful as a Manager? any manager, however I once Peoplelink staff members? building exercises • Being organized and detail had a manager in a restaurant Work hard, have fun and love what you do. » What is your favorite movie? My favorite movie is cExperience c c c the Sweet Home Alabama. Book? Peoplelink difference. Harry Potter. Drink? Wine. » If you could have any Drive productivity. Reduce staffing costs. car you want, what would Run more profitably. Those are just a few it be? Range Rover . of the ways in which Peoplelink can help » What is your home city? you achieve success. What is the greatest feature To ensure we deliver the best return on about your home city? your staffing investment, we first take the Vernon, New Jersey. My favorite time to understand your organization, your thing about my home is that it’s expectations, and your objectives. By very much in the suburbs yet still combining old-fashioned fundamentals, close enough to the city. like hard work, integrity, and service, with » How do you unwind a strategic approach to staffing, Peoplelink when you’re not at the can not only fulfill your hiring needs, but office? Spending time with can make a significant positive impact on friends and family your profitability. » What do people like most Our “people first” approach to staffing (least) about you? Most: That will help you meet and exceed your I’m always willing to help out business goals. Least: That I talk loudly.

For more information, call Jeannine Victor at 574.232.5400 x 261.

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STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS The Gig Economy Moonlighting Among Temporary Agency Workers Source: Staffing Industry Analystrs

To what degree are people using contingent work for supplemental income, rather than for their entire income? The graph to the right provides further insight to this question, specifically regarding temporary agency workers (other types of contingent workers are addressed on the following pages).

The graph below measures how much of a temporary agency worker’s 2015 income is from temporary agency assignments. For example, if a temp. agency worker did no work outside of temporary agency work, the percent of income would be 100%.

On the x-axis are the percentiles. At the 10th percentile, we see the dot on the graph corresponding to 17% of income. This means that 10% of temporary agency workers generated 17% or less of their income through temporary agency work. Moving to the 20th percentile, we see 20% received 36% or less of their income from such work. At the 50th percentile, which is the median, we see that half of temporary agency workers generated just under 90% or less of their income from such work. Once we get to the 60th percentile, the graph is at 100% of income, meaning that at least the remaining 40% (between the 60th and 100th percen- tile) of temporary agency workers do no moonlighting outside of temporary agency assignments. They may take more than one temp. agency assignment, but they don’t perform any other type of work.

Moonlighting Among Temporary Agency Workers

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STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS The Gig Economy Moonlighting Among Human Cloud Workers

CONTINUED FROM PAGE 5

Now looking at human cloud workers, it takes longer for the line in our graph to make it to 100% of income. Human cloud workers don’t get to 100% of income until the 80th percentile. This means 70%-80% of human cloud workers moonlight, compared to 50%-60% for temporary agency workers. In simple terms, the longer it takes for the line to get to 100% of income, the more moonlighting there is.

Perhaps the starkest difference between temp. agency workers and human cloud workers is at the median, where the latter is only generating 25% of income through human cloud work and the former is generating 88% of income through temporary agency staffing. The black, dashed line in the graph further illustrates this disparity.

Moonlighting Among Human Cloud Workers

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STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS The Gig Economy Moonlighting Among Self-Employed Contingent Workers

CONTINUED FROM PAGE 6

Self-employed contingent workers do less moonlighting than temporary agency workers; for this group the line gets to 100% of income at the median, meaning that at least half of these workers derive all of their income from self-employed contingent work. Nevertheless, the trajectory for this group is roughly similar to that of temporary agency workers.

Moonlighting Among Self-Employed Contingent Workers

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STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS • STAFFING STATISTICS The Gig Economy Moonlighting Among Contingent Workers

CONTINUED FROM PAGE 7

The graph on this page includes a line for all contingent workers, representing workers from any of the three categories listed on the graph (temp. agency workers, human cloud workers and independent contractors), as well as the other forms of contingent work noted earlier in this report (temporary employees sourced directly and SOW consultants employed by a consulting firm).

The line for total contingent work roughly mirrors those for temporary agency workers and independent contractors. Human cloud work is really the standout when it comes to moonlighting, although moonlighting is substantial in all of these work arrangements.

Moonlighting Among Contingent Workers

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What The Movie ‘Sully’ Can Teach Us About Leadership CONTINUED FROM PAGE 1

Most of that ingenuity was “off and-means protocol can result Hollywood movie—team boosting performance, replacing the books,” not part of any in fake work and waste. Or in members operating with a clear software systems, or encouraging standardized procedure. extreme cases, death. end but an open-ended set of people to change their behavior. Don’t misunderstand. I’m Stewardship delegation— means can engage in mindful But the principle is the same. not suggesting that people conveying trust and accountability processing to create a workable Most teams perform best when who operate nuclear power for a particular result—is ideally solution. a compelling purpose (end) plants and airliners should be exercised with an ends-but-not- Fortunately, the teamwork is specified and embraced encouraged to “freelance” if means approach. When ends in which most of us are called while the methods (means) of they simply tire of following are specified but means are on to participate is not nearly addressing the purpose is left procedures. I’m merely saying not, team members are implicitly as urgent, danger-filled, and relatively open. that in addition to complying encouraged to draw upon their adrenaline-pumping as that Of course merely articulating with the rules (which, after all, full repertoire of knowledge, depicted in the “Apollo 13” a compelling purpose and then are written by imperfect human experience, skill, and and “Sully” movies. Most of our leaving team members entirely beings) it’s sometimes necessary resourcefulness in brainstorming teamwork involves such relatively alone is not good leadership. to respond in the moment with and executing solutions. Like the mundane activities as corporate There’s much that leaders can ingenuity and creativity. Too rigid Apollo 13 support personnel— mergers and acquisitions, and should do to support work adherence to a tight both-ends- memorialized in the true-to-life enhancing organizational culture, teams along the way.

From the President’s Desk » CONTINUED FROM PAGE 2 code and cluelessness. No one FIVE Things That Won’t Get You is going to see what you bring Hired or the depth and breadth of your story through your keywords! 1. An amazing educational background You have to get a job a different way. You can forget the Black 2. Years of experience with great Hole application system and organizations/a wide range of reach your own hiring manager tools and systems directly. First you have to write 3. Your sparkling personality a Human-Voiced Resume that brings your power across on the 4. Your stellar references page. Then you have to find your 5. Your wonderful resume specific hiring manager inside I’m not criticizing anybody who You deserve to have a career that each of your target employers. does this because your bills celebrates your gifts. You have ONE THING THAT WILL GET are real, but I’m saying that to run your own career to get a Then you’ll send each of them YOU HIRED a pithy Pain Letter written just for everybody’s number one career job that deserves you. You have them. Here’s the one thing that will get goal in my view is to get altitude to look forward and back, and you hired: your ownership of your on their own career. know your value to employers. You can take control of your job own career. search rather than being a victim Our goal is to climb up a You have to know what kind of of it. That is more empowering, Most people are not in charge of figurative hill and look down at Business Pain you solve, and not more effective and quicker than their careers. Either their employer our career from altitude and see just what your skills are. You have filling out forty or fifty online job is in charge, or no one is. Most where we’ve been and where to make your story a big part — applications and waiting to hear people don’t know what they we’re going. If you don’t do that the biggest part — of your brand something back — possibly for want in their career or how to get you run the risk of careening from or your pitch to employers and months, or forever! it. They don’t think about the next one bad job to another, with clients. job they’d like to have after their painful stints of unemployment in Here are five things that won’t get You have to be willing to take a current job, and if they lose their between. you hired on their own, or even deep breath and think of yourself job they grab the first job offer collectively — and one thing that That’s no good. You deserve much as a consultant. When you’re they can. more from your career than that. will. CONTINUED ON PAGE 10

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PEOPLELINK’S SHINING SHINING STAR OF THE YEAR STAR 2016 Each year, the U.S. celebrates the accomplishments of its contingent workforce during National Staffing Employee Week – September 19 - 25. In honor of National Staff- ing Employee Week, Peoplelink is happy to announce our Shining Star of the Year, Rasheeda Iyanda.

Rasheeda has worked at Toyota Boshoku for nearly two years. She was hired on full time in February. Her responsibilities include the 200% and 100% inspection in multiple departments. Rasheeda’s Supervisor, Brenda Godboldo, refers to Rasheeda as a reliable “go to” person who knows all of the processes and can work in any department.

While on the job, Rasheeda enjoys giving advice on defective parts. She is excited to do what she loves full time as part of a strong team. Rasheeda credits her own dedication and Peoplelink’s help for her success.

Thank you to Rasheeda for your commitment to excellence and Congratulations on being Peoplelink’s 2016 Shining Star of the Year!

From the President’s Desk » CONTINUED FROM PAGE 9 employed somewhere, it just aware. You can get business cards acquaintance you met at a you bring to employers or clients means that you only have one for your new consulting business networking event, once a week or and why they need what you consulting client at the moment. and give them out. That way twice a month. Just go and have bring. you’ll grow new muscles and see coffee. It won’t kill you. It might be It’s not a lifelong relationship, even People hire people they trust to what kinds of pain and solutions fun. Ask them about their life and if you have a contract. You can’t solve their problems. No one show up in your field. You’ll gain career and tell them about yours. relax into it and forget about the is impressed or inspired by confidence by consulting whether Build that networking muscle! world beyond your cubicle walls. you are consciously aware of it or desperation on a job-seeker’s part. Falling asleep on your career not. You will change and grow. It’s a new day and the old days are It’s not what hiring managers are because you have a fairly cushy not coming back any time soon. looking for. Take a deep breath work situation is the worst thing you You have to keep your network We are all entrepreneurs now. and remember who you are, can do. alive. Even if you can’t see the because you are mighty! point of networking, just go and You will get hired into the right job You have to stay awake and meet an old friend or a new when you know in your body what

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smoke, but no bullet was fired. The New Workforce: Companies can also save money on They did what? Safety committee members said the drill office space as well because these workers Surprise safety was meant to test the teaching staff’s “Run, Tips for Hiring On- usually work from home, from their local training goes Hide, Fight” responses. Demand Workers coffee shop, or wherever they please to McLean claims she thought she was going carry out their tasks. On-demand workers By Erica Feld horribly wrong, to die. Other teachers were alarmed as well. are also paid on a project by project basis, The on-demand economy is a buzz-worthy Two collided while running for the exit. One meaning your company can save money employer sued topic across the U.S. right now! If you aren’t was injured. Another teacher wet herself. paying for these workers on an as needed by Christian Schappel familiar with the wording, you are probably McLean sued, claiming the incident caused basis, instead of a yearly salary. Violent incidents at businesses across the at least familiar with the term “sharing her to suffer from severe emotional distress U.S. have been making headlines lately, and economy” or “gig-economy.” Either way, it and post-traumatic stress disorder. She said it has a lot of employers considering how seems everyone from business she became distraught, shaken and mentally, to prep their staff for the unthinkable. But owners to professors are weigh- physically and emotionally ill. this is an example of how NOT to conduct ing in on the pros and cons of She charged the school district with training. this new workforce. intentional infliction of emotional distress and In response to the Sandy Hook To understand the benefits civil assault, along with claims that her federal Elementary School tragedy in Newtown, of hiring on-demand workers, constitutional rights were violated and two CT, in which a lone gunman fatally shot 20 one must first get used to the state common law claims. children, administrators at the Pine Eagle idea that the old standards of Elementary School in Halfway, OR, formed EMPLOYER FACING DAMAGES recruiting full-time, 40-hour-a- a safety committee tasked with formulating week workers, are changing and The school district fought to get her case plans on how to respond in an emergency they are changing fast. This has dismissed on summary judgment. The court to an intruder. something to do with the fact granted the district summary judgment on SCALABILITY One of the things the committee, which that the on-demand economy is growing at McLean’s federal rights claims, but it said This is a plus for companies because was made up of administrators and school lightning speed—by the year 2020, 7.6 McLean’s state law and emotional distress while we all try our best to forecast board members, decided to do was surprise million Americans will be working as provid- claims should go to trial. It also said McLean demand, there is always the possibility that teachers with an active shooter drill. ers in the on-demand economy, more than could seek punitive damages. some outside factor or margin of error could The drill was held on an in-service day, doubling the current total of 3.3 million. Now, the district is facing an expensive offset our needs in an instant. With the so only teachers (no students) were in the Companies are slowly starting to crack the legal battle or settlement. on-demand workforce, you have the ability building. recruiting code and figure out that utilizing The court said a reasonable jury could to quickly and seamlessly scale number During the drill, a school board member these on-demand workers is beneficial for conclude that the district committed intentional of workers up or down rather quickly and and safety officer entered the school with a variety of reasons. While this new way of assault and could be found liable for intentional without having to deal with corporate masks and starter pistols. One of them lit recruiting talent won’t exactly work for every infliction of emotional distress. politics. firecrackers inside the building. organization, it certainly has been working The takeaway for employers: This lawsuit pretty well for others. The following are shows how dangerous and harmful springing QUALITY/SKILLSET OF HIRE BANG! ‘YOU’RE DEAD’ benefits of recruiting on-demand workers: disaster and workplace violence training on Certain on-demand workers, namely The school board member found teacher employees can be. Of course, it can be a the Baby Boomers who are retiring later Linda McLean alone in her classroom. He LOWER COSTS good idea to prepare your employees for the and later, have years of experience under surprised McLean by pointed his pistol Hiring on-demand workers is beneficial unthinkable, but it’s dangerous to put them in their belt. These workers are ready to tackle directly at her, firing his gun and saying, from a cost perspective. On-demand workers a situation that could produce a shock to their specific projects head on and with a certain “You’re dead” before running away. The are classified as independent workers, mean- systems. gusto that full-time employees lose over time. gun was a loaded with .22 caliber blanks, ing they are not salaried employees and are The same goes for Millennials who have so firing it made a loud noise and produced not entitled to company benefits. CONTINUED ON NEXT PAGE

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Circuit Court of Appeals held that employers do mistake, it offered to postpone his termination EMPLOYER TAKEAWAY not need to turn a blind eye to misconduct that until he had exhausted his FMLA entitlement. The 10th Circuit’s opinion in Olson is CONTINUED is uncovered during an employee’s leave of Olson did not accept the offer and filed suit. in agreement with several other appeals been out of college for 5+ years. They are absence. It determined that employers are free courts. Earlier this year, the 11th Circuit excited about what they do and can offer to implement discipline—up ruled that Dollar General did not just as good, if not better, results than any to and including termina- interfere with an employee’s full-time employee. Contrary to widespread tion—against employees on FMLA rights when it refused to belief, the on-demand worker is highly job-protected leave in such reinstate her after her leave; skilled, knowledgeable in their field, and circumstances. the employer was able to show professional! that she was fired because of FACTS OF THE CASE newly discovered misconduct, FLEXIBILITY Kris Olson worked as a ware- for which it would have fired Bottom line, on-demand workers are house operations manager for her even if she had not been on available and ready to work when you need Penske Logistics. He supervised leave (Thomas v. Dolgencorp, them. If you want to get jump started on a about 30 employees and was No. 15-13399 (11th Cir. March project before or after typical work hours, responsible for hiring, moving 15, 2016)). or even if you have an exact time frame or and tracking inventory, inven- Other appeals courts have deadline to meet, the on-demand workforce tory audits and more. During reached similar conclusions (see is a good solution. This is exactly why these his tenure, he received mixed performance re- Mercer v. The Arc of Prince Georges County, workers got their name “on-demand”, views and, on two occasions, was reprimanded COURTS WEIGH IN 532 Fed. Appx. 392 (4th Cir. 2013) and because whenever you need them, they are for failing to follow procedures and instructions. Penske argued that Olson’s termination Cracco v. Vitran Express, Inc., 559 F.3d 625 available on-demand! After 12 years with the company, he was unrelated to his FMLA leave and the (7th Cir. 2009)). For employers who are looking to cut requested and received approval for FMLA U.S. District Court for the District of Colorado Importantly, the FMLA does not protect costs, hire skilled candidates, and save leave. While he was out, however, his main cli- agreed, granting summary judgment for the an employee from adverse employment overall time with the hiring process, then ent, Whirlpool, reported that a large amount of employer. actions; rather, it protects an employee from turning to the on-demand workforce inventory was missing. Olson’s supervisor sent Olson appealed, offering two arguments: adverse employment actions taken because for recruiting talent is a great idea. The another warehouse manager to investigate and (1) if he had not taken leave, he would she or he exercised his FMLA rights. on-demand economy is still rapidly growing, she uncovered what she deemed a “crisis.” have been present and able to defend his job While employers must ensure that disci- and with more and more talented workers She found that that Olson’s inventory report performance and (2) Penske’s reason for his pline is not implemented in retaliation for an joining this easy-to-access, on-demand had many discrepancies, that he was 567 firing was pretext and he was actually fired for employee’s leave or leave request, these rul- workforce each day, you’d be crazy not to audits behind schedule and that his employees taking too much time off. ings are clear: just because misconduct was rethink your hiring strategy. were not properly trained. The appeals court, however, was not discovered during leave, doesn’t mean that The employer investigated further and persuaded. While both of Olson’s arguments the resulting discipline was implemented Do You Have to found that Olson had lied about extra work were plausible, they did not create a genuine because of the leave. performed for Whirlpool and had hidden inven- issue of material fact, it said. The 11th Circuit noted in an earlier opinion Ignore Misconduct tory losses in “ghost stows”—fake storage First, Olson offered no evidence that (Schaaf v. SmithKline Beecham Corp, d.b.a. Uncovered During locations—for 4 years. He also told his staff any defense he could have offered would GlaxoSmithKline, 602 F.3d 1236 (11th Cir. to report missing items as damaged, Penske have saved him from termination, the court 2010)) that an opposite conclusion would FMLA Leave? determined. explained. Second, no reasonable jury could yield an absurd result: an employee who had By Kate McGovern Tornone His supervisor and the human resources conclude that Olson was fired for anything committed a transgression could seek leave It’s an easy scenario to imagine: an department agreed that Olson should be fired. but the numerous and substantial instances under the FMLA and hope that the employer employee goes out on leave and, when Because of incorrect information provided by of unsatisfactory performance that Penske discovers his actions during the leave, thereby another employee takes on his work, she HR, his supervisor believed his FMLA leave had outlined. preventing it from ever disciplining him for discovers performance deficiencies and not been approved. Penske sent him a letter “There are no holes, no conflicting state- the misconduct. “[T]he leave would always maybe even misconduct. Is the employee’s stating that because of the deficiencies and ments, simply nothing that indicates inaccura- be the but-for cause of the discovery of that job protected just because he is out on “job- because of his unapproved leave of absence, it cies in Penske’s story,” the 10th Circuit said. evidence,” the Schaaf court said. “Such a protected” leave? was firing him immediately. “No evidence suggests that Mr. Olson could laughable result is not supported by policy, by In Olson v. Penske Logistics, LLC, No. Olson responded that his leave had been possibly have kept his job once his misconduct common sense, or, most importantly, by the 15-1380 (Aug. 26, 2016), the 10th U.S. approved and when Penske heard about its was discovered.” statute itself.”

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You’re Fired! 71.6% Believe First Amendment Applies to Social Media

to speech that is on matters of “public concern.” And, the National Labor Relations Board ruled that using social media can be a form of “protected concerted” activity. Employers have the right to address work-related issues and share information about pay, benefits, and working conditions with co-workers on , YouTube, and other social According to a June 2016 survey by Furthermore, 55 percent of recruiters have What the First Amendment media. HubShout, 41.2 percent of American reconsidered candidates based on their Really Says While there are a few exceptions, workers say they believe that getting social profiles, with 61 percent of those People who believe that it is against getting fired for a social media post is fired because of a social media post is reconsiderations being negative. the law for an employer to fire them for typically not an infringement of First an infringement of First Amendment The social media scrutiny does not an offensive social media post misunder- Amendment rights. rights. always stop once an individual is hired. stand the scope of the First Amendment. “A Google search for ‘fired because The First Amendment of the United It Can Happen to You of social media’ turns up a long list Think Before You Post States Constitution protects the right 34.6 percent of respondents to the of results that are packed with stories Rosemary Haefner, chief human re- to freedom of religion and freedom of HubShout survey are not concerned proving that people have been fired for sources officer at CareerBuilder says that, expression from government interference. about employers or potential employers a variety of bad social media behaviors. “social media is booming with networking The most basic component of freedom viewing their social media posts because The stories would certainly surprise opportunities and the chance to share your of expression is the right of freedom of their posts are ‘private.’ those who believe they have an all- accomplishments. But it could also lead to speech. The right to freedom of speech Tom Risen of U.S. News & World encompassing right to free speech and the end of your career if used incorrectly.” allows individuals to express themselves Report has found plenty of data that can’t be fired because of something In fact, a survey by CareerBuilder found without interference or constraint by the proves that the notion of online privacy they’ve shared on Facebook or . that that 18 percent of employers say government. is an illusion. they have dismissed employees because The First Amendment says nothing Scott Kleinberg of the Chicago Tribune Social Media and of something they posted on social media. about private employers. writes, ‘It’s easy to overlook potential Employment People absolutely do get fired because State and federal government consequences when you think that all Social media has become a valuable of content they’ve posted on social media. employees may have more protections. you’re doing is speaking your mind recruitment tool. According to social When an American is fired because of According to workplacefairness.org: Public to someone in response to a tweet or media entrepreneur Natalie Zaft, a a social media post, has his or her First employees work for the government. Facebook post. Nine times out of 10, whopping 94% of recruiters used social Amendment right to freedom of expres- So, public employees do have protection what you say is being read by a much media to find talent in 2015. JobVite sion been infringed? from retaliation for exercising certain First wider audience and information about reports that 52 percent of recruiters Amendment rights. Courts have been cau- the person saying it is more widely say they always search for candidates’ tious in this area, limiting the protection shared than you’d ever imagine.’ online profiles during the hiring process.

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You’re Fired! CONTINUED FROM PAGE 13

Kleinberg also shares this story that boss. The company subsequently fired social media. They’re free to be provoca- Amendment to save you if you get fired illustrates how a ‘private’ social media the person.’ tive. They’re free to offend, insult, and because of a social media post. post can make its way to an employer: disparage others. They’re free to share ‘I read a story not too long ago where Post Freely. videos and photos of themselves that someone tired of being the subject of Beware the Consequences. may indicate poor character or lack abusive Facebook comments reached By and large, American people are of judgment. But, American people out and complained to that person’s free to post whatever they want on take heed: do not depend on the First

Proposed Bill Would Make Salary History Questions Unlawful

By Ellen Gipko Jerrold Nadler, D-N.Y. of “a bold step forward in closing the managers from asking job candidates Legislation that would prohibit em- A spokeswoman from Norton’s office wage gap.” Effective Jan. 1, 2018, about their current salary, it would ban ployers from asking a job applicant said the bill would be introduced in the the legislation prevents employers from employers from using that information to provide a salary history will soon House of Representatives this week or asking job candidates about their salary to justify a pay differential between men be before Congress. The bill’s aim is by early next week. history in interviews, making it the first and women performing substantially to even the playing field among men “Many [women and minorities] state to enact such a law. similar work. and women and minorities doing carry lower salaries for their entire An amendment to ’s One benefit of knowing a job substantially the same work. careers simply because of wages at Human Rights Law, introduced in applicant’s current salary, according to “Women and minorities often face previous jobs that were set unfairly,” August, would prohibit city employers a point-counterpoint article in the April discrimination in the job application Norton stated. “Our bill will require em- from asking for or relying on a job 2016 issue of HR Magazine, is that process and in salary negotiations,” ployers to offer salaries to prospective candidate’s salary history when making it lets the hiring manager know if a said Rep. Eleanor Holmes Norton, employees based on merit, not gender, pay decisions. candidate’s current salary exceeds what D-D.C., in a news release. She is race or ethnicity.” And while a bill awaiting California the prospective employer is able or introducing the bill with co-sponsors DeLauro pointed to Massachusetts’ Gov. Jerry Brown’s signature—or willing to pay. Reps. Rosa DeLauro, D-Conn., and new pay equity law as an example veto—would not prohibit hiring

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