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IN THIS ISSUE: A.I. Biz Briefs | Workforce Training and Development | Legal Ease
You Make the Call
| A.I. Member Column

I recently heard of a “group” started by members of the website Linkedin. The group is called the “I Won’t Participate in a Recession!” group.  As of this writing, the group has nine members.

While perhaps a noble effort to staunch the bad news hemorrhage plaguing our country, it’s a bit pie-in-the-sky in my estimation to think you can simply “positive attitude” away much of what’s happening today. If you’re a business owner, it’s my opinion you will have to “participate” in some way in today’s recession; the question is not “if" it’s “how.”

As a business owner, each of us has the ability to decide how we will react in the face of difficult times; what we will do about it. I’m an admirer of Sir Winston Churchill. During the dark days of World War II, he’s quoted as saying, “A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.” To me, that’s not only being an optimist, it’s being a realist.

Associated Industries was founded in 1910. We survived – and even thrived – following the “Great Depression” and many upswings and downturns ever since.  Next year, we celebrate our 100th year in business. Through the years we have seen that every downturn is followed by an upturn; bad times followed by good times. The current situation is no different. So, we look for and pursue the opportunities the present circumstances create, and we ready ourselves for the next upswing.

As you close out your books on 2009, I encourage you to look forward to the next decade as a time of opportunity for your business. Wishing you the best of the holiday season and a new year of opportunity ahead, I remain sincerely yours,

-- Jim DeWalt, Associated Industries President/CEO


LET IT SNOW: Evaluating conditions when determining a snow removal policy


As winter quickly approaches and the weather grows colder, many employers are examining their snow and ice removal policies. Record snow fall last year left many employers scrambling to keep up with the snow and ice, and the rising cost of its removal.

Liability is generally determined based on the relationship between the property owner and the injured party; the closer the relationship, the higher the duty owed to provide a safe environment. Employees who are injured in the course and scope of employment will typically be covered by workers’ compensation, although (with some exceptions) parking lots are an excluded area. An injured business visitor may be able to bring suit based on premises liability and negligence standards.

Businesses are required to keep the premises in reasonably safe condition and to remedy any unsafe condition that would be evident through the exercise of reasonable care. An employer who is aware, or should have been aware, of a hazardous condition and failed to remedy that situation may have liability should injury occur as a result, particularly if the hazard is not obvious.

HR'S ROLE IN STRATEGIC THINKING: HR Training and Development Vice President to speak in Tri-Cities


Bill Sweigert, Associated Industries Vice President of Education, Training and Development, will speak on Thursday, January 21st at the Sandpoint Idaho Chapter of the Human Resources Management Association. His topic is “HR's Role in the Process of Revitalizing Management and Long Term Strategic Thinking.” For more information, or to RSVP, contact Ruth Wimberly, Phone: 208.255.2590.

The organization has approximately 20 members from various businesses, including Coldwater Creek, Panhandle Bank, Litehouse, Bonner General Hospital and others. They meet the third Thursday of each month.

HOLIDAY PARTIES:
Is your company scaling back this year?

Many companies are learning to do more with less and holiday celebrations are an area where dollars can potentially be saved. The Society for Human Resource Management (SHRM) has asked their website visitors to take a poll on what their company is doing this year.

As of this writing, almost half of the voting participants – 5690 or 48% – have claimed they are cutting back on holiday celebrations in the workplace. (In December of 2008 on the www.shrm.org SHRM website, just 40% of 895 voters said they had cut back somewhat.)

Rather than fancy presents and flashy parties, creativity and compassion are the focus for many businesses this year. As staff and management alike try to consider the hardship of others, many choose to contribute any surplus funds to worthy causes such as food banks, utility assistance payment programs and homeless shelters. Others are choosing to support the needs of our troops overseas or their families at home.

Groups and individuals can also contribute to activities such as The Tree of Sharing online rather than deal with the hassle of inclement weather and holiday shopping frenzies. The staff here at Associated Industries decided to forego our usual gift exchange this year. Instead we are donating money and food to the Second Harvest Food Bank. JC Penny and the Salvation Army have teamed up this year to host one of the largest outreaches to date, with a program called The Angel Giving Tree. For more information on their efforts, look up the Angel Giving Tree Online.

-- Val Fields, HR Representative

THE SURVEY SAYS: Employers report increased business, hiring due to economic stimulus plan

A September 2009 CareerBuilder survey of more than 3,100 private- and public-sector hiring managers found that employers who received funding as well as those who did not receive funding reported they have added employees this year as a result of the economic stimulus program. In addition, nearly one-quarter of employers surveyed reported that their company experienced an increase in business in third quarter 2009 tied to the American Recovery and Reinvestment Act.

ARE YOU IN COMPLIANCE:
Affirmative Action workshop offered in Tri-Cities


Corporate Affirmative Action risks are changing − especially for employers with 50 or more employees. Are you in compliance?

Associated Industries is offering a valuable Affirmative Action Plan (AAP) Workshop in the Tri-Citiesm, Washington area, co-sponsored by the Tri-City Development Council (TRIDEC.) Scheduled for Tues., Feb 23, 2010, from 8:30 am until noon, at the Bechtel Board Room in the Tri-Cities Business Center (7130 W. Grandridge Blvd.,  Kennewick, WA)  This workshop will provide information employers need, including:

  • The seven types of Affirmative Action and who is covered
  • What the regulations require under and over $50K in revenue
  • How to create job groups to analyze gender and ethnicity
  • How to use advanced statistical and computerized shortcuts to your advantage
  • New federal audit programs and enforcement
  • Recent record-keeping requirement changes
  • Potential penalties
  • How to focus on the value-added link between employee development, affirmative action and diversity

PRESENTER: Bill Sweigert. Bill Sweigert’s work in Equal Employment Opportunity (EEO) and AAP compliance dates from 1972. The Vice President of Education, Training and Development for Associated Industries, has created AAP software to handle the latest affirmative action requirements, successfully performed hundreds of compliance reviews for employers around the U.S., and has been published in HR Magazine. 

INVESTMENT: A.I./TRIDEC members: $85 Non-members: $130; To register or for more information, contact Bill Sweigert: Phone: 509.326.6885  Toll Free: 800.720.4291  Email: bsweigert@aiin.com



SELF MANAGEMENT: Developing the art of leadership

Have you ever wondered who invented the VISA card? Dee Ward Hock, is the inventor, founder and former CEO of the VISA credit card association. According to Birth of the Chaordic Age, one of the numerous books Hock has authored, the organization has an annual volume of $1.4 trillion, and continues to grow in excess of twenty percent compounded annually!

A successful leader, noted member of the Money magazine Hall of Fame and the author of several books on business, Hock is one of America’s foremost business visionaries. If an organization could capture some spark of the success Dee Hock built into VISA, who would pass it up?

Back in 1997, in an article in Training and Development magazine, author Bonnie Durrance, interviewed Hock regarding his management and leadership philosophy. The article interested me since, at the time, I was preparing a leadership education series for several local managers, but the article has some basic truths that have stood the test of time. Self-management, one of Hock's central themes in many of his books and presentations, was the theme.

BLOGS, LINKEDIN, FACEBOOK, WEBSITES: Guidelines for your organization’s social media use?

A number of complex legal issues surround employee use of social networking sites, blogs, and other internet based forums. In general, while employees are not working and are not using any of the workplace facilities, they are free to express themselves as they deem fit and are free to associate with anyone they choose.

At the same time, employees may not use such sites to disclose the employer’s proprietary, confidential, or otherwise sensitive business information. These communication tools may not be used to speak for or about the employer or its clients or customers. Moreover, they may not be used to threaten or harm others.

Employers may wish to monitor internet use in the workplace for activity that violates these limitations. In that case, it is best for employers to develop a policy notifying employees that such use will be monitored.  Please contact our in-house counsel with questions or to request a sample policy.


-- Nicole Tedrow, Associated Industries In-House Counsel

Presented below is a hypothetical situation, based on a compilation of questions related to state and federal leave laws, received by the Associated Industries In-house Counsel Department. Read about the situation, and then decide what you would do … you make the call.

The information below is not a substitution for competent legal advice, nor does it create an attorney-client relationship between Associated Industries’ In-house Counsel and any readers or recipients of this information.  Additionally, this material reflects the current state of the law at the time of development.  Where specific legal issues arise, recipients or readers should seek private legal counsel.

The Employer's Dilemma – Part One:  Jill Brown has worked at your company as an administrative assistant for the last ten years on a Monday through Friday, 7:00 am to 4:00 pm schedule. She is an exemplary employee and person. Her performance reviews show that she is technically skilled, reliable, and dedicated to the company. She has never used all of her sick leave or vacation time.

She married a very nice gentleman with two children over a year ago. The children are now ages 16 and 20. Their mother passed away several years ago. The youngest child has recently been diagnosed with leukemia and now needs a great deal of medical attention. During the months of January, February, and March, Jill called in sick four times. Each call was placed before the beginning of her work day on a Friday morning. Each absence was occasioned by her need to care for her sixteen year old step-child.

Obviously, you will treat this employee with all fairness, but you are seeing a pattern. Are there any factors in this context that may lead you to think these days off are protected? What should you ask her at this point?  What would you do with any information received?  May you count these absences as occurrences under your attendance policy? 


BUSINESS CONTINUITY PLANNING:
What difference does it make?
by John Bjorkman

None of us likes to think about what might happen to our businesses or our families if we were to die or become disabled. Owners who do may stay awake nights worrying about it, push the thought to the back of their minds or engage in serious business continuity planning.

Business continuity planning can protect your rights in a number of important ways. If you and your co-owner have a significant business dispute or if your co-owner becomes disabled, leaves the company due to retirement or termination, declares bankruptcy, dies or divorces, your business continuity agreement can dictate what you will pay for the departing owner’s interest.

In addition, if you died or became disabled, the business continuity agreement could protect your family’s right to its share of the company. If you do not have a co-owner, there are other ways to protect your company and your family.

Most owners live to see the day they leave their companies, but some do not. The purpose of business continuity planning is to make sure that if you are not there to run it, your company--and your family--will continue. For that important reason, we’ve designed a short list of questions— one for sole owners and one for co-owners— to help owners assess where they are on the business planning continuum.
In other words, in answering these questions, you can determine how prepared you and your company are, or are not, should the unexpected happen to you.

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Associated Industries
1206 N. Lincoln, Suite 200
Spokane, WA 99201-2559
P: 509.326.6885,
Toll Free: 800.720.4291

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