AUGUST 2 0 0 9 Definity Partners - hrxperts.org · continuous improvement. Definity University gives people the skills and tools they need to continually drive ... size, manufacturing,

Definity Partners is a leading busi-ness improvement firm. The com-pany’s proven approach helps sim-plify, standardize, and automate client operations to eliminate wastes, build productivity, and boost mar-gins. The key to great results and sustainable improvements is having people involved. By focusing on people development as well as process enhancements, Definity Partners delivers both immediate results and sustainable solutions.

Founded in 1996, the Cincinnati-based company currently operates district offices in Atlanta, Cleveland, and Columbus.

The Value of Perspective You’ve seen it happen many times. Solutions become apparent – and new ideas emerge – when a fresh set of eyes takes a knowledgable look at a situation. You may have also seen yourself become too immersed in the day-to-day business, needing a change in perspective. Definity Partners provides perspective to improve clients’ processes and people, enabling energies and re-sources that can be channeled toward long-term growth.

Definity University: Ongoing Educa-tion To Sustain Your Improvement Process Definity University is the training

division of Definity Partners and is designed to assist clients to develop people and drive improvement through comprehensive lean training programs.

Fine tuning people and processes, at every level of the organization is essential for sustaining a culture of continuous improvement. Definity University gives people the skills and tools they need to continually drive operational efficiencies. Participants experience interactive training that is light on lectures and heavy on dynamic exercises. The Lean Certifi-cation Program includes real-world improvement projects, culminating in measurable improvements to existing operational challenges.

Through the new alliance, ERA members gain access and discounts to Definity Partners’ core lean proc-ess educational programs – Lean Simulation Workshop and Lean Certification Program. The new partnership compliments ERA’s existing training services and change leadership resources, and expands the scope of service offerings.

To learn more about Definity Partners and Definity University, visit www.definitypartners.com or contact Tara Amis, Educational Coordinator, at 866.520.2003 or [email protected].

Employers Resource Association Cincinnati: 1200 Edison Drive Cincinnati, OH 45216-2276 Phone: 513.679.4120 | Fax: 513.679.4139 Columbus: 921 Chatham Lane, Suite 111 Columbus, OH 43221-2418 Phone: 614.538.9410 | Fax: 614.538.9420 Toll free: 888.237.9554 www.hrxperts.org

AUGUST 2 0 0 9

Inside this issue: 1 Definity Partners Member Spotlight

2 From the President

3 Survey Update

4 Columbus Connection Employee Hold ‘em Event 5 Upcoming Training

7 Affirmative Action Update

Special points

of interest:

8 Recruit Military Career Fair 9 Member Highlights 10 New Members 11 Legislative Update 13 Member Orientation Programs 14 The Law Review 15 Computer Training Briefing

Definity Partners

It’s the most wonderful time of the

year – because of back to school, you

say? No, because of exciting

changes at ERA!

ERA has launched its new website.

We are thrilled with the changes and

hope you are, too. What, you

haven’t checked it out yet? Please

check it out today at

www.hrxperts.org.

We have renamed our newsletter

“ERA Insight” – Keeping our mem-

bers current and compliant. This is

the first edition in an interactive

format which provides you links to

flyers, pertinent information on our

website, our Partner’s websites, staff

e-mail addresses, and more! We

believe you will find it more user

friendly and easier to navigate.

We have also started an “ERA Up-

date” e-marketing communication

vehicle which is delivered to you via

e-mail every Tuesday (and Thursday

as needed.) It also now links you

directly to our website to learn more

about the events, news, and upcom-

ing training sessions.

We have categorized our service

offerings in 4 main categories:

• HR Answers and Advice

• News and Legal Updates

• Training and Development

• HR Consulting Services

This categorization helps to provide

better clarity on the breadth of ERA’s

HR Service offerings. We truly are

Your One Source for Today’s HR.

We are adding Microsoft Office

training to our already robust training

offerings. You asked for it, and we

listened. Please be sure to attend

our ERA New Service Briefing - in

Cincinnati on September 1st or in

Columbus September 3rd - to learn

more about our partnership with the

Definity Partners’ division, lyteITup!,

in this new venture. You will be able

to register for classes at this time,

too. You can rely on ERA’s reputa-

tion for high quality, real world

training for your technology educa-

tion needs as well.

I also want to personally thank you

for your investment in ERA, and for

allowing us to be your trusted, local

resource for HR advice, news, legal

updates, training, and consulting.

From the President

We are adding Micro-

soft Office training to

our already robust

training offerings.

Please be sure to

attend our ERA New

Service Briefing in

Cincinnati on

September 1st or in

Columbus on

September 3rd to

learn more.

PAGE 2 August 2009 ©ERA

Jennifer Graft, SPHR

The 2009 Policies and Practices

Questionnaire was sent out on

Wednesday, August 19. If you

haven’t received your copy yet,

please contact the Survey Depart-

ment. This year, we are updating

sections 2 and 3 of the survey.

Section 2 covers Holidays, Vacation

Time, and, new for this year, PTO

plans. Section 3 covers health

insurance, health cost containment,

dental and vision insurance, short

and long term disability, life insur-

ance, retiree medical coverage, and

more. The survey has been heavily

revised to accurately capture the

ever-changing healthcare landscape.

These days, healthcare costs are on

everyone’s mind, and it’s important

to know exactly where your company

stands in the market.

This is a long survey, but the results

are well worth it. The report will be

broken down according to company

size, manufacturing, non-

manufacturing, and, for the first

time, we are including a non-profit

breakout.

Also, please participate in the Janu-

ary – June 2009 Turnover Survey.

This short survey provides monthly

turnover statistics for the first half of

2009, broken down by company size,

industry, and geographic location.

Here are the current survey dead-

lines:

• Policies and Practices: Wednes-

day, September 16

• Turnover: Monday, September

14

• The 2009 National Sales Survey

questionnaire will be sent on

Friday, September 11

Please do not hesitate to contact the

Survey Department at 513-679-

4120, toll free at 888-237-9554, or

email Douglas C. Matthews at

[email protected] if you have

any questions about our survey

processes or need assistance with

completing your survey question-

naires.

Survey Update

PAGE 3 August 2009 ©ERA

Healthcare costs are

on everyone’s mind,

and it’s important to

know exactly where

your company

stands in the

market.

Doug Matthews, PHR

What is employee engagement?

Employee engagement is not a “let’s

be happy” program. Employee

engagement is a measurement of our

employees’ level of enthusiasm about

their job and the organization. Do

they feel connected? Are they willing

to put forth that extra level of effort

needed to contribute to the success

of the organization?

Why is this relevant?

According to a Gallup survey, only

30% of the workforce is actively

engaged. Approximately 50% of

employees are meeting the minimum

requirements for their position, but

are not willing to exceed expecta-

tions. The remaining 20% are

actively disengaged. They have

already quit; they just haven’t left

yet.

Most leaders agree that something

needs to be done, but wonder if now

is the right time to focus on engage-

ment. Gregg Lederman, contributing

author to “The Debate Room” in

BusinessWeek (May 28, 2009

edition), gives a most compelling

argument. He wrote, “Do the math.

What if all employees in your

company were engaged and willing to

give the company 15 minutes of

discretionary effort each week? The

ROI would astound you and the

improved customer experience just

might make the difference between

surviving the Great Recession and

thriving in it.”

What next?

Marc Drizin, co-author of Employee

Engagement Fundaments, says that

an organizational commitment to

workforce engagement involves both

a philosophy and a strategy:

• Believe in the impact of employee

engagement on your organiza-

tion’s bottom-line

• Understand your employees’

current level of engagement by

conducting a survey (Click here to

learn more about ERA’s Employee

Opinion Surveys)

• Use the results from the survey to

develop and implement planned

activities that focus on enhancing

workforce performance

Columbus Connection

PAGE 4 August 2009 ©ERA

Are your employees fully engaged, or are they going through the motions? If your employees are following gen-

eral trends or if you’re unsure of the answer, this program is for you. This fun and engaging program prepares

you to improve your employees’ levels of engagement and improve your financials by having a strong “Four of a

Kind.” The goal is to build your hand with the Four R’sTM of Workforce Engagement: Recruit, Retrain, Reward

and Retain.

Register Today! Marc’s presentation sold out in less than 24-hours the last time he was in Columbus.

Join us in Columbus on September 10th to hear more about Marc Drizin’s strategies to enhance organizational

performance using the “Four R’s” of workforce engagement. Click here to learn more.

Employee

Engagement:

Is it just another

“flavor of the

month?”

Employee Hold’em Talent Development

Benefits of Participation

Supervising others is serious

business today, not for everybody

and not to be undertaken unadvis-

edly. This engaging, interactive

program is unlike our other

leadership programs: it exposes

what supervising is all about rather

than focusing on building specific

core competencies. Companies win

when a well-informed employee

moves into this role with eyes wide

open. That new supervisor will be

eager and much more receptive to

learning and practicing good

management habits.

Learning Objectives:

• Understand the macro view of

management and what’s neces-

sary to lead others

• Examine the implications of role

change from individual player to

leader

• Discuss the pros and cons of

supervising others in a culture

where “ME” comes first

• Recognize the many hats to be

worn: communicator, director,

teacher, coach, consultant,

trainer, motivator, performance

manager, delegator and change

agent

• Evaluate personal congruence and

interest in leading by considering

character, intelligence, credibility,

energy, enthusiasm, concern for

people, interest in responsibility,

persuasiveness, responsiveness

and visibility.

About Your Instructor…

Susan Sterritt, SPHR, leads this HR

development program for the

Association. She has devoted much of

her career to developing and deliver-

ing educational experiences, and

brings a wealth of practical HR

management knowledge to this

program.

So You Wanna Be a Supervisor?

PAGE 5 August 2009 ©ERA

Date:

Thursdays, September 3, 10,

17, and 24

Time:

8:30 am - 12:30 pm

(Four session program)

Location:

ERA Cincinnati Office

PHR/SPHR/GPHR

Recertification Credits: 16

CEUs: 1.6

CPEs: Not available

Member Fee: $340.00

*Non-member Fee: $475.00

Member Discount

Register three or more people

at least 14 business days prior

to the program to qualify for a

5% Group Discount. Members

who are paying 14 business

days prior to the program may

also take a 5% Earlybird Dis-

count.

*Pre-payment is required for

non-members.

To register, e-mail

[email protected]

or call 513.679.4120

Who Should Attend?

This program is for those who

are NOT in supervisory roles

but wish to more intelligently

assess their interest in super-

vision.

CANCELLATION POLICY:

Substitutions may be made at any time prior to the first class session. No-

shows or cancellations in writing within 2 full business days will be charged.

Susan Sterritt, SPHR

Benefits of Participation

This class explores the supporting role

of the HR Assistant in the delivery of

HR services to the organization.

Participants are provided an overview

of pertinent federal and state

employment laws. The program

includes guidance on employment

records posting and retention issues,

as well as other key HR areas that

generally fall within the domain of the

Assistant. Participants learn how to

convey good employee relations,

handle questions from management

and employees, and safeguard and

maintain confidentiality.

Learning Objectives:

• Identify specific record-keeping

and posting requirements.

• Introduction to applicable federal

and state employment laws: Title

VII, EPA, ADEA, ADA, FLSA, FMLA

and others.

• Discuss the limitations on employ-

ment at-will and other concepts.

• Develop the skills to support the

entire hiring process: evaluating

resumes and applications,

conducting screening interviews,

administering pre-employment

tests, etc.

• Identify ways to improve new hire

orientation.

About Your Instructor:

Lori Hall, SPHR, has over 15 years of

combined HR experience in the

manufacturing, service, and health-

care industries. She brings expertise

in training and development, em-

ployee relations, benefits administra-

tion, and policy development, from

both employer and employee

perspectives to this program. In

addition to answering “hotline”

inquires, she facilitates human

resource, leadership, and customer

service training programs.

The Role of the HR Assistant

PAGE 6 August 2009 ©ERA

Date:

Wednesday, September 30

Time:

8:30 am - 3:00 pm

Lunch is included

Location:

ERA Columbus Office

PHR/SPHR/GPHR

Recertification Credits: 5.5

CEUs: 0.6

CPEs: 6 management

Member Fee: $155.00

*Non-member Fee: $215.00

Member Discount

Register three or more people

at least 14 business days prior

to the program to qualify for a

5% Group Discount. Members

who are paying 14 business

days prior to the program may

also take a 5% Earlybird Dis-

count.

*Pre-payment is required for

non-members.

To register, e-mail

[email protected]

or call 614.538.9410

Who Should Attend?

Anyone assisting or involved in

the administration of HR tasks

will benefit.

Lori Hall, SPHR

Affirmative Action Update

PAGE 7 August 2009 ©ERA A F F I R M A T I V E A C T I O N U P D A T E

The number of entities covered by the

Affirmative Action regulations, and

therefore subject to the Office of Con-

tract Compliance Programs (OFCCP)

audits, continues to grow. In the last

newsletter, we let you know that the

government has announced that com-

panies which receive money from the

stimulus funds will be subject to the

Affirmative Action regulations and

there will be 450 audits done on those

companies over the next year. Those

audits are in addition to the regularly

scheduled audits planned by the

OFCCP.

Another addition to covered entities

came when the U.S. Department of

Labor Administrative Review Board

recently upheld an administrative law

judge finding that three hospitals that

receive payments from a health plan

for providing medical services to U.S.

government employees are federal

subcontractors and required to comply

with OFCCP requirements. Though

none of the hospitals held a federal

contract, the health plan had a con-

tract with the Office of Personnel Man-

agement to provide health services to

those federal employees, thus making

the hospitals subcontractors. This rul-

ing now means that many hospitals

that previously didn’t consider them-

selves contractors/subcontractors will

be included in these regulations and

must complete Affirmative Action

Plans.

The continuing reach of the OFCCP

means it is very important for compa-

nies to review all of their contracts/

vendor agreements to determine

whether they are with the government

or a government contractor, mak-

ing the company subject to affirmative

action obligations.

E-Verify Update The Department of Homeland Security

has announced it will implement the

Federal Contractor E-Verify regulation,

but will withdraw the Social Security

No-Match regulation. This rule could

take effect as early as September 8,

2009. We’ll let you know as we hear

more, but for now, you can take sev-

eral steps in anticipation of the start

date. You should determine if an ex-

isting or anticipated federal contract is

subject to the new rule; determine

which, if any, current and new em-

ployees will be subject to the new

rule; determine if any exemptions ap-

ply or can be obtained; review or cre-

ate companywide E-Verify and I-9

programs, policies and procedures;

and institute corrective actions where

needed, particularly with regard to

employees with unconfirmed employ-

ment authorizations.

Reminder

The EEO-1 and Vets 100/100a are due

in September.

If we can answer any questions, pro-

vide documents, or assist you in

preparation of your Affirmative Action

Plan, please contact Lori Hall in our

Columbus office at [email protected]

or 614.538.9410, or Carol Reubel in

Cincinnati at [email protected] or

Carolyn Potter in Cincinnati at

[email protected] or

513.679.4120.

Carol Reubel, SPHR

The continuing

reach of the

OFCCP means it

is very important

for companies to

review all of their

contracts and

vendor agree-

ments.

PAGE 8 August 2009 ©ERA

RecruitMilitary is hosting a Career Fair in Cincinnati to benefit veterans, tran-sitioning military personnel, members of the Guard and Reserve, and mili-tary family members. This event will be held on Thursday, September 10th, 2009 from 11:00 am – 3:00 pm at Turfway Park, 7500 Turfway Road, Florence, Kentucky. Additional details about this event can be found here. Members of Employers Resource Association who register to partici-pate in the Career Fair as an em-ployer are entitled to a 10% dis-count. To take advantage of this offer, contact RecruitMilitary’s John Lundberg and mention your mem-bership. John can be reached at 513.683.5020 or [email protected]

Recruit Military Career Fairs enable employers to meet a number of highly qualified job candidates in a single day. At a RecruitMilitary Ca-reer Fair, the employer can begin the selection process with what is normally one of the final stages—a face-to-face meeting with the can-didate. If you are planning to hire employees this year, this is an event you won't want to miss — at a price you can’t beat!

RecruitMilitary Career Fair

COLUMBUS, Ohio, August 14, 2009 – Columbus-based investment management and financial advisory firm, Hamilton Capital Manage-ment, Inc., has been named one of the nation’s top 100 firms by Finan-cial Advisor magazine.

The ranking is based on the maga-zine’s 2009 RIA Survey, which gathers data from independent fi-nancial advisors across the country and ranks participating firms by total assets under manage-ment. Hamilton Capital ranked 85th on the list, which appears in the July 2009 issue of the magazine. The firm also was recently named to Wealth Manager magazine’s 2009 Top Wealth Managers list – another ranking of the nation’s top wealth advisors – for the eighth year in a row.

“It’s an honor to be ranked among the country’s top independent firms, because independence and objectiv-ity are two things we and our clients

value so highly,” said Hamilton Capi-tal Chairman and CEO R. Matthew Hamilton. “We believe our Financial Advisor and Wealth Manager rank-ings are a testament to the expertise of our team and the trust our clients have placed in us to help them achieve their goals with sound, inde-pendent financial advice.” About Hamilton Capital Man-agement Hamilton Capital Management is one of central Ohio’s largest inde-pendent, fee-only investment man-agement and financial advisory firms. The company serves an ar-ray of clients, including business owners, professionals and corpo-rate executives, as well as qualified retirement plans and trusts. More information is available at the firm’s Web site at www.hamiltoncapital.com.

HAMILTON CAPITAL

A TOP-100 FIRM IN

NATIONAL FINANCIAL

ADVISOR SURVEY

Congratulations!

Connective Computing Inc.

Founded in 1994, Connective Comput-

ing installs and supports computer net-

works for small businesses throughout

Greater Cincinnati and Northern Ken-

tucky. We help our clients maximize

their return on technology investments

like servers, routers, firewalls and desk-

top PCs. We have the expertise to keep

your business running smoothly and

securely.

In 2004 we added easy-to-use digital

and IP telephone systems to our prod-

uct offerings. Now Connective Comput-

ing can give your small business the

features and security that the big com-

panies have for their computer and

phone systems, all at affordable prices.

(Member since 2009)

LCS - Supernet of Ohio

Headquartered in Cincinnati, Ohio,

LCS-SuperNet provides comprehensive,

industry-leading property management

and accounting software. Originally

written in 1982, “Rent Manager®” is

available as a stand-alone or web-

based product. There are currently over

15,000 residential and commercial

property managers and owners who use

“Rent Manager®” to efficiently and ef-

fectively manage their rental properties.

(Member since 2009)

The Fahey Bank Company

The Fahey Bank was founded in 1865

by Timothy Fahey. In the early years of

the bank, farmers generally paid for

purchases by giving notes payable at

harvest time to the merchants. Tim

Fahey purchased these notes from the

merchants. When the farmers came in

at harvest time to pay off their notes,

they often left their extra funds on de-

posit, and the bank grew rapidly. While

many area banks failed during the De-

pression, Fahey Bank grew and pros-

pered. Throughout its history, Fahey

has emphasized lending to individuals

and local businesses. It continues this

tradition today. Timothy Fahey’s de-

scendents continue to operate the bank

today. The Bank’s current Chairman,

President and CEO, Carl Hughes, is his

great-great grandson.

(Member since 2009)

Member Highlights

PAGE 9 August 2009 ©ERA

Throughout its

history, Fahey has

emphasized lend-

ing to individuals

and local busi-

nesses.

New Members

PAGE 10 August 2009 ©ERA

Correction:

We regret sharing in-

accurate information

on one of our new

members last month.

Here is the correct

version:

GALERIE is located in

Hebron, Kentucky.

Donna Ritchie is the

Director of HR.

3-hab, Ltd. is located in Cincinnati, Ohio. Bob Haines is the Vice President

of Operations.

Apex Restoration, LLC is located in Cincinnati, Ohio. Dan McNeil is the

President.

Connective Computing, Inc. is located in Cincinnati, Ohio. Jeff Driever is

the President.

The Fahey Banking Company is located in Marion, Ohio. Carl Hughes is

the President/CEO and Chairman.

Great Oaks Institute of Technology and Career Development is lo-

cated in Cincinnati, Ohio. Dr. Robin White is the President/CEO.

HealthCare Media Technologies, Inc. is located in Milford, Ohio. Gregg

Wilson is the CEO.

LCS—Supernet of Ohio is located in Loveland, Ohio. David Hegemann is

the CEO.

PSI Goup is located in Cincinnati, Ohio. John Owens is the CEO/President.

The Winery at Wilcox, Inc. is located in Versailles, Ohio. R. Michael Wil-

liams is the President.

Znode Inc. is located in Dublin, Ohio. Vish Vishwanthan is the CEO.

A delighted Jenny Arbino, Director of HR for Balluff, Inc., accepts

her company’s prize certificate from Susan Sterritt. Balluff, Inc.

won the drawing from among those member companies who took

advantage of the recent “20/20” Training promotion. The prize

doubles the number of free public training hours Balluff, Inc. may

use in 2009, from “20 + 20” to forty. Congratulations to Balluff,

Inc.

Balluff, Inc. Wins “20/20” Promotion Prize

There are currently three pieces of leg-

islation under consideration in the Sen-

ate and/or House that deserve particu-

lar attention. All three bills will have a

substantial impact on our membership

and their employees at all income lev-

els.

The Employee Free Choice Act

(EFCA, H.R. 1409, S. 560) is currently

pending in Congress. The specific pro-

visions were outlined in a prior Legisla-

tive Update. EFCA would affect

4,180,000 businesses employing

38,934,000 workers according to a

Heritage Foundation study. The provi-

sion taking away a worker’s right to a

secret ballot has generated quite a bit

of opposition to the Act in its current

form. However, even if the secret bal-

lot provision is removed, an equally

and perhaps more troubling provision

is the ability of the government to im-

pose a two-year contract on newly or-

ganized companies.

After a union organizes a business, the

company has 10 days to meet union

officials and begin collective bargain-

ing. After 90 days, either party may

request mediation by the Federal Me-

diation and Conciliation Service

(FMCS). If the parties have not settled

on a contract or agreed to extend ne-

gotiations, the FMCS will refer the dis-

pute to an arbitration board that will

render a decision settling the dispute

and binding the parties for two years.

This provision will be an incentive for

unions to not bargain in good faith by

making extreme demands and hope

the arbitration panel will split the dif-

ference. The panel could impose wages

and bonuses, employment level, retire-

ment and health care plans, changes in

business operations, promotion proce-

dures, work assignments, subcontract-

ing and the closure, sale or merger of a

business.

There has been some media coverage

of the secret ballot issue and some in

Congress have expressed opposition to

the secret ballot provision. However,

the remaining provisions of bill are

equally, if not more damaging. Senator

Arlen Specter is now floating the idea

of converting the proposed "arbitrator

is free to decide" form of binding arbi-

tration for the initial labor agreement

to a "last best offer" form of contract,

which is what baseball has historically

used in salary arbitration. In this ver-

sion the arbitrator is forced to choose

between the union's proposed contract

and the employer's contract proposal.

Cap and Trade or the American

Clean Energy and Security Act of

2009 (Waxman-Markey) passed the

House of Representatives on June 26,

2009. The battle now moves to the

Senate. The House bill arbitrarily re-

stricts greenhouse gas emissions from

industry, particularly carbon dioxide

from coal, oil and natural gas combus-

tion. The bill “caps” the emissions and

requires emitters to obtain permits or

allowances for each ton emitted. The

Heritage Foundation has completed an

economic study on the affects of the

bill and the results are staggering:

cumulative gross domestic product

losses of $9.4 trillion between 2012

and 2035, net job losses approach 1.9

million by 2012 and could approach 2.5

million by 2035 (even taking into ac-

count so-called green jobs), manufac-

turing job losses accounting for 1.4

million jobs by 2035

Legislative Update

PAGE 11 August 2009 ©ERA

The National Asso-

ciation of Manufac-

turers (NAM) has an

excellent website

with the ability to

generate letters to

your congressional

representatives with

your opinions on

any or all of these

Acts. Click here for

more information.

(Continued on Page 12)

Carolyn Potter

Legislative Update

(Continued from Page 11)

A typical family of four will pay, on av-

erage, an additional $829 each year for

energy-based utility costs, the price of

gasoline will rise by 58 percent, and

average household electric rates will

increase by 90 percent.

Because the effect of the bill will in-

clude massive job and business losses,

it will also increase the national debt

due to lower tax revenues. It is esti-

mated that the net effect will be an

addition of $9.1 trillion to the national

debt or an increased tax liability of

$12,803 for every American.

The alleged purpose of Cap and Trade

is to reduce CO2 emissions. Develop-

ing countries such as China and India

will not agree to cap their CO2 emis-

sions and sabotage rapid economic

growth, so their continued emissions

overwhelmingly offset any reductions

from Cap & Trade. The estimated re-

duction in world temperature as a re-

sult of Cap and Trade is .05 degree

Celsius by 2050 and .2 degree Celsius

by 2100.

The Cap and Trade bill is over 1,400

pages long and received very little at-

tention although it did pass in the

House with a slim margin. The battle

now shifts to the Senate.

America’s Affordable Health

Choices Act (H.R. 3200) has received

the most scrutiny of the three pieces of

legislation. There are numerous provi-

sions of this bill to cause concern. As

currently proposed, the availability of

the public-option coverage could easily

result in single-payer government

health care similar to Canada and Eng-

land. Although President Obama has

claimed that anyone with private insur-

ance may keep it, the effect of the Act

will mandate that insurance policies

provide one-size-fits-all coverage

within 5 years.

The expanded coverage requirements

will drive up the cost of private policies

that would be competing against a

government option that can undercut

premium costs. Individuals could be

fined for not participating and the IRS

code would be modified to allow the

IRS to impose fines associated with the

legislation. If an employer does not

offer health insurance or offers it but

some employees decline it and use the

government option, the employer

would pay a penalty equal to 8% of

their payroll.

Health Savings Accounts would not be

permitted because the insurance cover-

age minimums would not permit cash

for services by consumers for health

care. A Federal Health Board would

prioritize research, approve procedures

and reduce payments for medicines

and procedures.

Additionally, a new $544 billion tax

surcharge would be imposed on small

businesses to pay for health care re-

form.

The net effect of the Act would be to

drive up costs to employers and effec-

tively destroy the private insurance

industry over a period of time. It is

predicted that employers would simply

not offer private coverage and pay the

penalty that would be less than private

insurance premiums. The public outcry

and opposition has been a shock to

Congress as witnessed by town hall

meetings all over the country during

the August recess. The Senate has 3 or

4 different versions of Health Care re-

form in progress, but not a final ver-

sion for consideration.

PAGE 12 August 2009 ©ERA

Columbus Training

PHR/SPHR Certification

Preparation Program will take

place on Thursdays, September

3, 10, 17, 24, October 1, 8, 15,

22, 29, November 5 and 12,

6:00 pm - 9:00 pm

(Eleven session program)

Principles of Compensation

will take place on Friday, Septem-

ber 11, 8:30 am - 3:00 pm

Navigating ADA, FMLA and

Workers’ Compensation will

take place on Tuesday, Septem-

ber 29, 8:15 am - 12:15 pm

The Role of the Human Re-

source Assistant will take place

on Wednesday, September 30,

8:30 am - 3:00 pm

Cincinnati Training

PHR/SPHR Certification

Preparation Program will take

place on Tuesdays, September 1,

8, 15, 22, 29, October 6, 13, 20,

27, November 3 and 10,

6:00 pm— 9:00 pm

(Eleven session program)

Complete Compensation will

take place on Tuesdays, Septem-

ber 1, 8, 15, 22 and 29,

8:30 am - 12:30 pm

(Five session program)

Behavioral Interviewing Tech-

niques for Managers and Su-

perviors will take place on

Thursday, September 3,

9:00 am - 3:30 pm

So You Wanna Be a Supervisor

will take place on Thursdays,

September 3, 10, 17 and 24

8:30 am - 12:30 pm

(Four session program)

To register for classes,

e-mail [email protected]

or call 888.237.9554.

Member Orientation Programs Find Out How ERA Can Work For You!

PAGE 13 August 2009 ©ERA

ERA Staff Members

LORA BLANKEN

JULIE BLANKENSHIP

JIM CARTER

DOLORES CEASE

DAN CHANEY

TOM EBERWEIN

BARBARA ENGLAND

LISA GATI

JENNIFER GRAFT

PATTI GROGAN

LORI HALL

BRANDI HELTON

TERRY HENLEY

SUSAN KUERTZ

JEFF LUCAS

DOUGLAS C. MATTHEWS

RALPH NEAL

CAROLYN POTTER

CAROL REUBEL

APRIL RISEN

SUSAN STERRITT

JERRY YINGLING

ERA Cincinnati Office: ERA Columbus Office: Friday, October 2, 2009 Friday, October 23, 2009 10:00 am – 12:00 (noon) 3:00 pm – 4:30 pm 1200 Edison Drive 921 Chatham Lane, Suite 111 Cincinnati, OH 45216 Columbus, OH 43221 RSVP by 9/28/09 RSVP by 10/19/09 Brandi Helton 513.679.4120 Susan Kuertz 614.538.9410 [email protected] [email protected]

You are invited to the offices of Employers Resource Association where we will host a Member Ori-entation. The orientation will intro-duce attendees to our Board Mem-bers, the ERA teams, and the range of expertise and services that the team has to offer. We have invited our Partnered Ser-vices to set up booths and share with you the discounts and services they provide for our members. We invite you to learn how to achieve a real return on your membership investment.

Why should you attend?

• Meet our Board Members • Get to Know Our Staff of

Professionals • Find Out About ERA Ser-

vices • Meet Our Partnered Service

Representatives

Even if you have been a member for years, you may have staff unaware of the services ERA provides to you. Please take advantage of this pro-gram. Join us to meet other mem-bers, make new contacts, and learn about our new services.

So, what constitutes illegal retaliation un-

der Title VII these days? I’m fairly certain

that we’ve all figured out by now that as

employers, we are not going to get away

with trying to somehow “get even” with an

employee who exercises his or her right to

complain about being harassed or discrimi-

nated against based on race, gender, age,

disability, national origin, etc. After all,

when the United States Supreme Court

decided a few years ago in the Burlington

Northern & Santa Fe Railway Co. v. White

case that Title VII retaliation no longer was

restricted to situations where an em-

ployee’s employment situation was directly

impacted by an employer’s negative ac-

tions, but extended “beyond workplace-

related or employment-related retaliatory

acts”, we all have taken extra care not in

any way to take direct adverse action

against a person we still employ who has

pursued a Title VII complaint some time in

the past. But is that kind of vigilance

enough to keep us out of harm’s way in

this area? Apparently not.

The first example is the 2006 Ohio Court

of Appeals decision in the case of Greer-

Berger v. Temisi. After quitting her job

with Temisi, Tammy Greer-Berger sued

Temesi for sexual harassment. The case

went to a jury, who ruled in the employer’s

favor. After winning the case, Temesi then

turned around and sued Greer-Berger for

malicious prosecution, abuse of process,

and intentional infliction of emotional dis-

tress. Fair is fair, right? In response to the

employer’s lawsuit, Greer-Berger filed a

retaliation charge with the Ohio Civil

Rights Commission (OCRC) and after the

OCRC found retaliation by the employer,

the case was appealed to court and the

Cuyahoga County Court of Appeals ulti-

mately affirmed the retaliation finding. So

it is possible to be found guilty of retalia-

tion for doing something even after your

employee has left your employment.

The next example is the 2008 Sixth Cir-

cuit Court of Appeals (which covers Ohio

and Kentucky) decision in the case of

Hawkins v. Anheuser-Busch, Inc. Cherri

Hill, an employee of Anheuser-Busch, al-

leged that a coworker, Bill Robinson,

sexually harassed her and set her car on

fire in retaliation against her when she

complained. The company not only didn’t

investigate the allegation of coworker re-

taliation, but refused to re-open the in-

vestigation after an anonymous letter de-

tailed several other situations where Rob-

inson sexually harassed and then threat-

ened to retaliate or did retaliate against

those who complained of harassment. The

Sixth Circuit ruled against Anheuser-

Busch on Hill’s retaliation lawsuit, joining

several other circuits in recognizing that

under appropriate circumstances, an em-

ployer can be held liable when an em-

ployee retaliates against a coworker who

complains under Title VII. So an employer

can be also held responsible for what an

employee does in retaliation against an-

other employee.

The Law Review

PAGE 14 August 2009 ©ERA

ERA BOARD OF

DIRECTORS

OFFICERS

*CHAIRMAN

Michael J. Kelley,

Chairman & CEO

Kelvest, Inc.

*VICE-CHAIRMAN

Gene E. Kalhorn,

President

TAPCO Products, Inc.

*TREASURER

Lynn M. Mangan,

Vice President, Client Services

Paycor, Inc.

*SECRETARY

Jennifer M. Graft,

President & CEO

Employers Resource Association

*PAST CHAIRMAN

Daniel R. Kroeger,

President & CEO

Gold Medal Products Company

Leslie Bumgarner,

President/CEO

Telhio Credit Union

Sherry Dancy,

President

The Dancy Group

Sharyl Gardner,

VP, Human Resources

Midmark Corporation

Cynthia L. Gibson,

Attorney at Law

Katz, Teller, Brant & Hild

Dan Knight,

Vice President, HR

Fifth Third Bank

Bill Thiemann,

EVP, Chief Customer Officer

Libby Perszyk Kathman, Inc.

Kelly Turley,

VP Human Resources

The W.W. Williams Company

Robert W. Zumbiel,

President

C.W. Zumbiel Company

* Executive Committee Members

Tom Eberwein, J.D.,SPHR

(Continued on Page 15)

PAGE 15 August 2009 ©ERA

The Law Review

(Continued from Page 14)

The final example is the 2009 Supreme

Court decision in the case of Crawford v.

Metropolitan Government of Nashville and

Davidson County, Tennessee. Vicky Craw-

ford, a 30-year employee of the Metropoli-

tan School District, was interviewed as a

potential witness about another employee’s

complaint of sexual harassment against the

school district’s Employee Relations Direc-

tor. When asked if she had witnessed any

inappropriate behavior, she answered hon-

estly that on several occasions the Director

had made inappropriate sexual remarks,

gestures, or contact with her. Although the

district took no action against the Director,

within a few months of Crawford’s investi-

gation statements, she was terminated and

sued for retaliation. Although the lower

courts found no Title VII retaliation because

Crawford had not complained of a Title VII

violation, but only answered questions, the

Supreme Court ruled in Crawford’s favor on

her retaliation claim. The Court saw no rea-

son to protect an employee who takes the

initiative to report discrimination but not to

protect an employee who reports the same

discrimination in the same words when her

boss asks a question, but has not made a

formal complaint about it.

I don’t know about you, but my impres-

sion is that under the expanded Burling-

ton definition of Title VII retaliation, the

courts are not going to give an employer a

free pass on retaliation just because some

technical argument can be made that the

employer wasn’t the one directly doing

the retaliating. How about you?

ERA recently expanded its partnership with Definity Partners by offering technical education. The courses will be taught by lyteITup!, the technology division of Definity Partners. lyteITup! optimizes business processes, then integrates technology solutions into streamlined processes to drive results throughout the business. Join us at the ERA Service Briefing to learn more about the courses being offered, and to be the first to register for these classes. Cincinnati: Tuesday, September 1 from 8:30 am-10:00 am Columbus: Wednesday, September 2 from 2:00 pm- 3:30 pm For more information, contact Ralph Neal, Vice President, Educational Services at 513.679.4120 or [email protected].

Computer Training Service Briefing

Do you need more information about a program offered by ERA? Would you like to talk to one of our experts in a particular field?

Here’s a list of some of our most popular services, and the main contact person for each of them.

In Cincinnati, please call: 513.679.4120 | In Columbus, please call: 614.538.9410

Cincinnati Columbus

Hotline……………………………………. Dan Chaney Julie Blankenship; Lori Hall

Administration and Posters……….. April Risen Susan Kuertz

Compensation Services…………….. Terry Henley Terry Henley

Affirmative Action Plans……………. Carol Reubel Lori Hall

Employee Opinion Survey…………. Carol Reubel Lori Hall

Customer Satisfaction Surveys….. Carol Reubel Lori Hall

HR On-Site Services…………………. Carol Reubel Lori Hall

Training & Development…………… Ralph Neal; Julie Blankenship;

Brandi Helton Susan Kuertz

Compliance Issues…………………… Tom Eberwein Tom Eberwein

Reference Center……………………... Dan Chaney Julie Blankenship; Lori Hall

Roundtables…………………………….. Dan Chaney Julie Blankenship

Salary and Benefits Surveys………. Douglas C. Matthews Douglas C. Matthews

Membership Development…………. Dolores Cease; Jim Carter Lisa Gati

PAGE 16 August 2009 ©ERA

Employers Resource Association

Cincinnati: 1200 Edison Drive

Cincinnati, OH 45216-2276

Phone: 513.679.4120 | Fax: 513.679.4139

Columbus: 921 Chatham Lane, Suite 111

Columbus, OH 43221-2418

Phone: 614.538.9410 | Fax: 614.538.9420

Toll free: 888.237.9554

www.hrxperts.org

Register For Training Today! See Page 12 For Upcoming Classes.