Hiring in the Midst of a Transforming Labor Force

By Jean L. Seawright, CMC

Spring is right around the corner and garden centers across the country are gearing up for their annual hiring blitz. This year, the hiring blitz is taking place in the midst of a transforming labor force. After a period of introspection stemming from the pandemic, many people see the world differently. They recognize that life is fragile and that it doesn’t pay to work in a job that makes them miserable. They’ve thought deeply about the type of work that makes them happy and now want to work for a company that aligns with their personal values. These workers are voluntarily quitting their jobs in record numbers in pursuit of work they find personally fulfilling.

Garden Centers are perfectly positioned to meet this need!  In the midst of tranquil surroundings, garden centers offer employees a job with a sense of purpose, daily interaction with nature and the outdoors, the opportunity to foster human connections, less stress than a corporate environment, and work that encourages mindfulness, creativity, and balance.  Sign me up!

Good New Fridays

by Jean Seawright

After nine long months of living with a pandemic, employers and employees alike are exhausted and stressed. Thankfully, the end is now in sight, although it won’t be fully realized for several months. For now, the virus is surging again and, this time, in the midst of the holidays that even in the best of times can create anxiety for many people.

Performance Reviews: The Pruning that Leads to Blooming!

By Jean L. Seawright, CMC

There’s no question that employees are more effective when working in an environment that promotes regular communication about expectations and results. People want to know where they stand—even if it isn’t good. A performance review can address this need by answering the burning question every employee has: “How am I doing?”

Unfortunately, in many organizations, performance reviews have gone by the wayside, even though the younger generation of workers—the Millennials—are known for their need to receive regular feedback (and praise!) from management.

Getting Your HR House in Order:
Employment Applications, Updated Form I-9, and Revised W-4

by Jean Seawright

Is your garden center ready for Spring hiring? Part of your preparation should include a review and possible update of your employment application, along with incorporation of two newly updated forms—the I-9 and W-4.

REGULATION UPDATE!  New Minimum Salary Level for Exempt Employees
Final Overtime Rule Released

by Jean Seawright

On September 27, the U.S. Department of Labor (DOL) published its much-anticipated final “Overtime Rule” updating and revising Title 29 of the Code of Federal Regulations, Part 541, which sets forth rules for employers to claim an overtime exemption under Section 13(a)(1) of the Fair Labor Standards Act (FLSA). Commonly referred to as the “white collar exemptions,” this section of the FLSA exempts from overtime any employee employed in a bona fide executive, administrative, or professional (“EAP”) capacity.

The Art of Effective Recruiting

by Jean Seawright

Here's a frightening thought:  It's all up to you! 

New and Updated Employment-Related Forms, Documents, and Posters for Garden Center Group Members

from Jean Seawright

Just in time for the spring season, Seawright & Associates has provided a variety of new and updated forms, documents, and posters that are now available under the Human Resources section of Power Tools! Check out their Ideas for Sourcing (recruiting) Talent handout.

Group Client Advisory: I-9 Compliance

by Seawright & Associates

On Wednesday, November 7th, Seawright & Associates' Jean Martin presented a GROUPtalk-Live webinar for Group Clients titled "Winter is Coming... Prepare for ICE!" This was one of the largest attendance for any GROUPtalk-Live sessions and for obvious reasons. This is a very important subject and it also underscores the importance of having the talents and resources of Seawright & Associates for our Group Centers (a huge benefit of being in The Group). Prior to the session, Jean had supplied both the current I-9 Paper Version Form and Instructions for each participant for note taking.

Overtime Rule Update

by Jean Seawright

It's been over one year since the U.S. Department of Labor (DOL) solicited written comments from the public about potential changes to the Fair Labor Standards Act (FLSA) White Collar overtime exemptions for administrative, executive, and professional workers. One year and no action . . . until this month that is.

Cold as ICE!

by Jean Seawright

IMPORTANT: Don't miss the next GROUPtalk-Live session on this subject. Details are below!

At the federal level, things have been relatively quiet on the regulatory front with the exception of one agency, the U.S. Immigration and Customs Enforcement. Affectionately known as ICE, this federal agency has an annual budget of approximately $6 billion and employs more than 20,000 employees in over 400 offices in the United Stated and 46 foreign countries. ICE's mission is to "protect America from the cross-border crime and illegal immigration that threaten national security and public safety."

Employee Handbook Relief

by Jean Seawright

Employers are finally getting a reprieve after a series of restrictive employee handbook policy decisions and guidances issued by the prior Administration's democratic majority of the five-member National Labor Relations Board (NLRB).

Ten Emerging HR Trends for 2018

by Jean Seawright

Paid sick and parental leave . . . pay history bans . . . predictable scheduling statutes . . . mandatory E-Verify . . .  compensatory time off . . . an increase in the guaranteed salary level for White Collar workers . . . The list goes on. Which of these employment regulations will impact your business in 2018 is yet unknown, but regardless of your revenues, location, or number of employees, one thing is certain--it will be challenging to find and hire qualified workers. And the challenges won't subside any time soon. Macroeconomic realities, including a workforce that is growing at its slowest pace in over a half-century, aging workers exiting the labor force, a widening skills gap, and faster-than-average employment gains in several occupational sectors, indicate that labor shortages are here to stay.

Sexual Harassment
The Floodgates Are Open . . . Will Your Company Sink or Swim?

by Jean Seawright

Check any news outlet today and you're almost certain to hear about a new sexual misconduct scandal involving an executive, politician, or entertainer. The allegations are nothing short of shocking, ranging from offensive acts of sexual harassment to criminal acts of sexual assault. In response, a multitude of corporations are mandating sexual harassment training for all employees.

This surge of sexual misconduct allegations has, once again, put sexual harassment in the spotlight. Sexual harassment is a prohibited form of sex discrimination under Title VII of the Civil Rights Act of 1964. This federal law is enforced by the Equal Employment Opportunity Commission (EEOC) and covers businesses with 15 or more employees in 20 or more calendar workweeks in the current or preceding year. Even if your business is not covered by Title VII, it may be covered by a state, local, or county anti-discrimination law that prohibits workplace harassment for smaller businesses.

Sexual conduct becomes unlawful under employment regulations when it is unwelcome and severe or pervasive enough to alter the conditions of employment and create an abusive working environment. This happens when the harassment culminates in a tangible employment action (e.g., termination, demotion, etc.) or is sufficiently severe or pervasive to create a hostile work environment. Today, an employer can be held liable for sexual harassment by a supervisor even if it had no knowledge of the supervisor's misconduct. Gone are the days of "hear no evil, see no evil, know no evil" defenses. If your business receives a charge of sexual harassment discrimination from the EEOC or another fair employment practices agency and you can't prove that you attempted to prevent harassment and/or that you adequately addressed the complaint, you're guilty.

Revitalizing Reviews

by Jean L. Seawright, CMC

There’s no question that employees are more effective when working in an environment that promotes regular communication about expectations and results. The reality is that people want to know where they stand—even if it isn’t good. A performance review is one important tool that can help address this need by answering the burning question every employee has: “How am I doing?”  

Unfortunately, in many organizations, performance reviews have gone by the wayside, even though the younger generation of workers—the Millennials—are known for their need to receive regular feedback (and praise!) from management.

New Administration, A New Day for Business

by Jean Seawright

If you're an owner or manager, it's no surprise to you that there is a government regulation for nearly every employment decision you make.  The reality is that you can't hire, promote, discipline, transfer, pay, or terminate an employee without considering local, county, state, and federal employment regulations. Depending on where your business is located and how many employees you have, you may have to comply with regulations that dictate everything from the precise questions you can ask during an interview to what you can legally deduct from the final paycheck of an employee who owes you thousands of dollars (zippo, in many cases!).

The cost of compliance is staggering. For the 28 million small businesses in the U.S., regulatory compliance costs over $10,000 per employee; 36% higher than the cost for a larger business. It's no wonder some business owners consider regulatory costs to be a hidden tax on businesses.  And it doesn't seem to quit. Over the last 20 years, the federal government has added more than 80,000 regulations---typically between 3,500 and 4,500 annually.

New Form I-9 and Increased Penalties - Raise the Stakes for Immigration Noncompliance

On the one hand, the Administration is committed to easing the regulatory burden for employers. On the other hand, government officials have made it abundantly clear that tougher enforcement of immigration laws is a priority, leaving employers who depend on immigrant workers uneasy.

Implementing an Effective and Compliant Background Check Process

Jean Seawright

With Spring hiring in full swing, we’ve received a number of calls and emails from Garden Center Group members inquiring about background checks.

Without a doubt, background checks are essential to help ensure that you hire fit, competent, and qualified workers who do not pose an unreasonable risk of harm to your business or customers. The cost of background checks is surprisingly low, but can pay off in spades by reducing the risks associated with negligent hiring claims.

Weed at Work

New marijuana laws raise vexing questions for employers.

Let’s be blunt: Like it or not, pot is here to stay. The November election proved this to be true. To date, 28 states, the District of Columbia, and Guam have legalized medical marijuana use. Nine of these have also legalized recreational use of the drug.

Support for marijuana legalization has clearly outpaced the opposition and, in light of new state laws and regulations that permit marijuana use, many employers are uncertain how far they can go and how far they should go when it comes to adopting or enforcing drug-free workplace policies and drug testing.