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JANUARY-FEBRUARY 2014 | MSEC.ORG Then & Now: 75 Years of Women and Employment Law Are You Using E-Verify Correctly? 2014 Public Employers Conference Celebrating 75 Years of Making Employers Successful JANUARY-FEBRUARY 2014

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Page 1: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG

Then & Now: 75 Years of Women and Employment Law

Are You Using E-Verify Correctly?

2014 Public Employers Conference

Celebrating 75 Years of Making Employers Successful

JANUARY-FEBRUARY 2014

Page 2: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG

Contents

1 A Note From the Editor

On-Sites

2 75 Years Ago ...

3 Member Profile: Denver Lumber

Pre-employment Screening

4 Employee Opinion Survey: A Case Study

5 Library Topic: Top Trends for 2014

6 Staff Spotlight: Lorie Birk

Don’t MIss the 2014 Public Employers Conference

7 2014 Public Employers Conference

8 HR Audits: Keeping HR Healthy

9 Conflict Management — a.k.a. Creating a High- Feedback Culture

The 360º Review Process

10 Are You Using E-Verify Correctly?

12 Then & Now: 75 Years of Women and Employment Law 13 Survey’s New Year’s Resolution!

Custom Opinion Surveys

MSEC is celebrating its 75th anniversary this year!

We opened our doors in 1939 with 100 member companies.

Today we have over 3,000 members, in 77 industries, representing

nearly a million employees. We appreciate your support and look

forward to serving you for another 75 years.

Page 3: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG 1

A Note From the Editor

Lorrie RayMembership Development

It’s 2014, and MSEC is 75 years old! When MSEC began in 1939, just two major employment laws had

passed—the National Labor Relations Act and the Fair Labor Standards Act (FLSA). The FLSA has quite an

interesting history over the years. Reading 75 Years of Women and Employment Law on page 12 may be

cause for refl ection on the enormous changes from 1939 to today. To learn how MSEC’s membership and

services have changed since then, read page two to see the article from our Vice President, Deborah Brackney.

Is your organization facing diffi cult issues in 2014? If so, don’t feel alone. All organizations have challenges.

Many challenges arise from employees and their relationships with one another, their managers, and with

the organization. You may be interested to learn about managing confl ict on page nine, or about how one

MSEC member who used an employee opinion survey successfully on page four.

You can also read about our Public Employers Conference coming up in March 2014 on page six.

Lastly, you can learn about the New Year’s resolutions our Surveys Department has made on page 13!

Of course, we have other items of interest for you as well. You can meet an MSEC staff member and a

member organization by perusing these pages. If you ever want your organization featured, please let us

know. We love our members and enjoy letting others know about all you do!

I wish you a happy 2014!

Optimize your training dollars with MSEC’s on-site classes.

They are effi cient, customized, and economical. Our most requested are:

Performance Management Skills

Ethics

Management Back-to-Basics

Performance Documentation Skills

Supervisor Skills

Harassment in the Workplace

train your sights on an on-site!

Page 4: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG2

Did you know 75 years ago, in 1939, that:

Colorado Baseball was played in Merchants Park

located on South Broadway,

The median cost of a home in Arizona was

$1,400.00,

Nine weekday departures left from Denver

Municipal Airfi eld (all fl ights with free luggage),

Denver’s largest employer was Gates Rubber

Company,

The population of Phoenix was 65,400,

Denver and Phoenix had streetcars with mass

transit to all areas of each city, and

The Colorado Employers Council was formed?

The Colorado Employers Council started with

100 member organizations, as a response to the

National Labor Relations Act. Employers desired

to join an organization that would help them with

changing employee-relations issues, labor union

contracts, and legal compliance.

In 1945, the Colorado Employers Council changed

its name to Mountain States Employers Council, Inc.

(MSEC). At that time, the Council had grown to 250

members.

In 1947, MSEC fi rst introduced surveys to its

members. These wage and benefi t surveys assist

members in evaluating benefi t and wage prac-

tices to attract the best employees. Currently, we

produce nearly 45 diff erent surveys, refl ecting the

diversity of our members.

As MSEC celebrates 75 years, much has changed

in employer/ employee relationships. While there

are fewer unionized employers now, federal and

state laws such as the civil rights in the 60s, FMLA

in the 90s, and health care reform today mean that

members continue to rely on MSEC to help with the

ramifi cations of such laws.

As the workplace has changed, MSEC has kept up.

Today when a member calls, professional staff can

answer a variety of questions from how to commu-

nicate a request to cover tattoos to how to design

a Total Compensation and Rewards philosophy.

Members trust that MSEC will give practical and

creative suggestions to the trickiest human relations

scenarios.

Leadership has changed greatly in 75 years. From

the industrial leadership practices of command and

control to the knowledge worker’s desire for inclu-

sive and collaborative leadership, MSEC has trained

more than one quarter of a million employees to

manage eff ectively. Whether the training is on

developing a talent management system, prevent-

ing workplace harassment, or leading successful

teams, MSEC has worked to develop organizational

and Human Resource leadership.

In the 1990s, member needs evolved with more

onsite support. The answer became an in-depth set

of services including our Human Resources Profes-

sional Staffi ng Service that can go to members and

serve as their Human Resources staff , Investigation

Services off ered by MSEC attorneys, and Leadership

Academies that develop the organization’s next tier

of leaders.

At the turn of this century, members requested

MSEC locations outside of Denver. The fi rst MSEC

regional offi ce in Colorado Springs was opened in

2000. In 2006, we opened an offi ce in Fort Collins,

and, in 2009, we expanded into Arizona to serve

members there.

What was a 100-member organization in 1939, has

grown to an organization with over 3000 members

strong. While member needs have changed over

the past 75 years, our vision of successful, eff ective

employers remains our vision. We look forward to

our anniversary as a chance to say “thank you” for

you membership.

We know that not all relationships last 75 years.

We are proud of our members and know it is

because of you that we can say “Happy 75th!”

75 Years Ago ...Deborah Brackney, Vice President

Page 5: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG 3

Family owned and operated, Denver Lumber

Company has served Colorado contractors since

1923. They off er premium products and services in

residential construction. Having reliable resources

and a large inventory helps them tackle jobs in a

timely manner.

Throughout the years, Denver Lumber has empha-

sized quality and service for its customers. They

strive to surpass their competition in these areas.

Referrals have been the backbone to their success,

and they appreciate the business and the relation-

ships that develop with each new customer.

Denver Lumber has been a member of MSEC since

we opened our doors in 1939. Thank you, Denver

Lumber for supporting MSEC for 75 years. We look

forward to another 75 years with you as a member!

Member Profile

Beat The Square-Peg-

Round-Hole Syndrome

MSEC has the services you need to align the right person

to the right job!

We provide:

Comprehensive Background Checks

Cost Eff ective Drug Tests

Sound Behavioral and Skill Testing

For more information call 800.884.1328 or email

[email protected].

Page 6: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG4

Employee Opinion Survey: A Case StudyHeather Shockey, Outsourced Consulting Services

Many members who have done employee opinion surveys and

found them to be extremely benefi cial, others are not sure when

such a survey would be useful. I thought it might be helpful to

provide a case study so that you can be the judge.

The Concern: A worried member called because they were hearing incomplete

information about dissatisfaction in the workplace. It was diffi -

cult to get to the heart of the matter. Rumors were not consistent,

and there was no employee with a broad enough perspective to

explain the dissatisfaction to leadership.

The Approach:This member called our Custom Opinion Survey staff for help. We met with the member to understand what

was troubling them. After gathering the information, staff developed a custom opinion survey that had two

types of questions.

The fi rst type of question was the kind we ask all employees in organizations who have us conduct opinion

surveys. Asking the same set of questions allows organizations to compare how they do against other

members of MSEC. This is valuable because there are categories where lower scores are to be expected. As an

example, compensation generally receives a low ranking by employees. Who among us is paid what they are

truly worth? The second type of question was specifi c to the organization, based upon their concerns about

the information that was coming from the “grapevine.”

The Outcome:The information from the survey helped the employer in two important ways. It helped the employer fi nd out

what was going well. As the old saying goes, “if it ain’t broke, don’t fi x it.” By knowing where employees were

satisfi ed, the member could maintain those policies and practices, making sure they were not lost or changed

unnecessarily (and highlighted for greater exposure).

The information also pinpointed the source of employee dissatisfaction. By having a clearer picture of what

was giving rise to employee unhappiness, the leadership of the organization could determine what was

possible to change, and how to make those changes. As is often the case, one frustration was the lack of com-

munication from leadership. This was an easy problem to work on, by communicating on a recurring schedule

and in a variety of ways: short small-group meetings, interactive conversations, and weekly company-wide

emails on the progress of certain important projects.

Prior to conducting a survey, members must think strategically about how they will respond to the informa-

tion gathered. While the lack of communication was easy to identify, leadership must be committed to fi xing

the problem, and investing time and energy into communicating in a variety of ways.

If you are considering a custom opinion survey, call me. I can talk to you about when - and when not - to do

a survey. Contact me at 800.884.1328.

Page 7: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG

Judging by the topics spotlighted in the materi-

als fl owing into the MSEC Library, 2014 will hit

workplaces with a confl uence of forces driven by

technology, socio-political changes, and econom-

ics. HR departments in every organization will be

challenged to respond and some may fi nd new

opportunities with preparation. MSEC Library

resources can inform and enhance your ability to

manage these 2014 trends.

TechnologyEmployee’s use of social media and powerful per-

sonal electronic devices will keep employers on their

toes as they struggle to fi gure out appropriate and

legal practices and policies. This is especially true for

those who employ large numbers of younger work-

ers. Millennials consider mobile devices an exten-

sion of their very being, and limitations placed on

access or use is akin to a personal attack. As workers

of all ages expand their use of mobile technology

and blur the lines between personal and work lives,

what are appropriate employer responses?

Increasingly sophisticated interactive technology is

challenging notions of outdated training practices.

M-Learning (i.e., training via mobile devices) and

Gamifi cation (i.e., applying game principles to

training) promise to engage Millennial employees

who are wholly accustomed to such technology.

How can you enhance employee learning?

Socio-PoliticalHealth care reform; legalized recreational mari-

juana; and civil unions, domestic partnerships, and

same-sex marriages are just a few current socio-

political challenges. HR should also be prepared

for changing legal uses of criminal and fi nancial

pre-employment screening. Are your policies and

practices ready for these changes?

WomenThe ascendancy of women into positions of author-

ity continues as their levels of higher education

outpaces that of men. Increasingly women are the

most qualifi ed applicants for a wider range of jobs.

What impact will this have on national politics and

policies (e.g., work/life balance)? When the best-

qualifi ed applicants are increasingly female, what

kind of benefi ts and corporate culture will attract

and retain them for your organization?

EconomicsAs the American economy improves in 2014, hir-

ing increases and employee turnover may jump.

Experienced employees may retire as investment

portfolios improve along with the economy. What

will be the impact of “brain drain” on your opera-

tions? Are your succession plans in order?

Expectations Talented people with the highest skill levels

demand fl exible work arrangements and may

prefer temporary opportunities over long-term

commitments. Customers have high expectations

of immediate and on-demand services. How nimble

is your organization to innovate and accommodate

these expectations?

Resources are available for check out to help these

and other challenges you face in 2014. Please con-

tact me at 800.884.1328 or [email protected] .

5 steps to use information resources and boost your

professional network:

• Identify reliable information resources and sched-

ule time every day to review.

• Automate searches with smart fi lters to screen out

unwanted information; create folders to save good

content.

• Take daily walks to contemplate and synthesize

information with your thoughts.

• Engage with professional, high-quality blogs by

contributing concise, well-conceived posts, using

facts from your online resources and personal

experiences.

• Build an online brand to boost your perceived

networking value on professional social sites.

5

MSEC Library Topic: Top Trends for 2014James McDonough, Membership Development

Page 8: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG6

Lorie Birk joined MSEC in

2011 as an employment

law attorney. In July 2012,

she assumed the role of

Arizona Vice President,

Membership Services.

Lorie has over 20 years of

experience providing in-house general and employ-

ment law support to multi-location technology

companies and human services organizations. She

also has over eight years of experience leading

Human Resources departments. She began her

career in Silicon Valley, California and relocated to

Arizona in 2006.

During her career, Lorie has provided council as part

of the executive management team. She has dealt

with all facets of HR including internal investiga-

tions, employment litigation and administrative

charges, mergers and acquisitions, executive

and sales compensation plans, and international

employment matters.

Lorie obtained in B.A. in International Relations

from the University of San Diego and her law

degree from McGeorge School of Law at the

University of the Pacifi c. Lorie has also passed the

California and Arizona state bar exams. Her areas of

expertise include the Family and Medical Leave Act

and wage and hour issues. She is on the board of

the SHRM of Greater Phoenix Chapter.

When Lorie is not assisting MSEC members, she

likes to hike, read, and cook.

Staff Member Spotlight!

Lorie Birk

Don’t Miss the 2014 Public Employers ConferenceMark Cicotello, Human Resource Services

MSEC will hold this year’s Public

Employers Conference - Deeply

Rooted. Growing Forward on

Friday, March 14. The theme

draws on both the heritage and

future of the diverse group of

towns, cities, special districts,

school districts, counties, and state agencies that

serve the citizens of Colorado. Conference attendees

will receive timely, relevant, insightful information on

an array of topics as well as have a chance to network,

exchange stories, and perhaps meet and make new

HR friends.

MSEC’s Deborah Brackney will start the conference

with a session titled: Great Leaders Create Organi-

zational Sustainability. Liz Ryan, the CEO of Human

Workplace, will give the Keynote speech. Liz is a

widely read, well-respected, and high-energy HR

thought leader who lives in Colorado. The title of Liz’s

presentation is Your HR Mission, Brand, and Career.

The conference also features two general session

topics. The very popular Legislation and Case Law

Update will occur in the morning and an insightful

panel discussion titled Dual-Roles: HR Professionals

and Elected Offi cials will start the afternoon session.

Members of the panel are unique because they serve

in both roles. We will present three morning and

one afternoon breakout sessions. You can choose to

attend The Coming Talent Management Challenge,

Re-Examining Public Pension Plans, or Ethics: 10 Tips

to Keep You Out of the Denver Post.

The conference is a great opportunity to gather with

Human Resource colleagues in public organizations

from across the state.

Page 9: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG 7

Cost: $179Sheraton Hotel • 360 Union Boulevard

Lakewood, Colorado 80228To register, call 303.894.6732 or email [email protected]

Page 10: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG8

HR Audits: Keeping HR HealthyKristen Borrego, Outsourced Consulting Services

Today’s HR environment is more complex than ever

before. New laws and regulations can make it seem

impossible to keep up. We receive calls from mem-

bers all the time asking for assistance in fi xing items

that they have become aware are important. Still,

how do you know what you don’t know? In most

cases, the best way to uncover lurking compliance

issues is a Human Resource audit of your current

practices.

What is a Human Resource Audit?A Human Resource audit is a review of your current

HR activities to determine what, if anything, needs

done to improve the function. It involves system-

atically reviewing all aspects of Human Resources,

ensuring that government regulations and com-

pany policies are adhered to and key practices are in

place. It also includes highlighting current strengths,

reviewing processes where HR could operate more

effi ciently and eff ectively, and identifying problem

areas.

What areas can a Human Resource audit cover?

Organization Demographics• Employee size, locations, and employee groups

• Government contracts, industry, and private/pub-

lic/nonprofi t sector

• HR department structure and positions

Pre-employment Screening & Selection• Employment application

• Candidate background check procedures

• Interview and screening process meet EEO

standards, defi nition of an applicant, and candidate

testing tools and practices

• Candidate reference check procedures

• E-Verify requirements

Regulatory Reporting• New-employee reporting

• EEO-1 fi led

• EEOP/Affi rmative Action program

• Form 5500

• OSHA regulations followed and log maintained

Wage & Hour• Overtime pay practices and timesheet procedures

• Equal Pay Act compliance

• Federal, state, and local payroll withholding

implemented

• Child labor considerations – employment

of minors

Benefi ts Administration• COBRA and FMLA administration process and

procedures

• Benefi t plan documents for healthcare and

retirement plans

HR Administration• Employment posters

• Americans with Disabilities Act – reasonable

accommodation practices and accessibility

• Employee Handbook

MSEC has resources to assist you in conducting your

own HR audit or we can do it for you! If you are

ready to know what you don’t know contact us at

[email protected].

Page 11: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG 9

Conflict Management – a.k.a. Creating a High-Feedback CultureMegara Kastner, Organizational Development and Learning

Confl ict is inevitable.

Confl ict can be destructive.

Confl ict is necessary and helps a group develop its capacity for diff erence,

creativity, and frequent feedback.

Learning to manage confl ict so it can be used as an asset is the best thing a group can do. Groups that work

in an open-feedback system can readily express diff erences to help build the capacity of the group. Without

diff erences, a group is stagnant, everyone thinks the same, does the same work, and cannot create new

perspectives.

Confl ict is nothing more than undelivered feedback. In traditional western European/U.S. culture, most

people avoid confl ict. We tend to wait, hoping someone will “get it” (the subtle hints) and change on their

own. By the time we deliver the feedback, our dissatisfaction may have built to the point that the feedback

comes with an intention and tone that sounds like a demand for change or even a threat.

A high-feedback culture is based in expressing the impact behaviors have on others. Creating such a culture

takes time, commitment, and practice by everyone. Yes, it is completely possible to create a culture that

eff ectively manages confl ict and inspires a high-feedback system.

Feedback is just data. It is not a demand for change. It may be followed with a request. It may also be an

invitation to collaborate for change. Feedback is an off ering of data to help improve the relationship to build

the interconnections. These exchanges need to happen regularly as part of normal group behavior.

There are three general forms of feedback: 1) Positive Feedback, when one thanks another because the

impact was so positive; 2) Asking for Feedback, when one asks the other about the impact of her/his behavior

has had; 3) Making a Request Feedback, when one expresses a diff erence and asks to collaborate on a change.

We have several consultants in our Organization Development and Learning Department that can work with

and coach your group toward a high-feedback culture. Call or email us for assistance.

The 360º Review Process How do managers, supervisors, and leaders receive feedback to help them grow?

A 360 review process is helpful, if the information is constructive and allows for real growth. MSEC has such a method for creating real growth in those who must

manage and lead your workplace.

For more information contact our Organization Development and Learning Department at 800.884.1328.

Page 12: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG10

Are You Using E-Verify Correctly?Christina Bauer, Specialized Legal Services

Many MSEC members use E-Verify. E-Verify is the

data system managed by the U.S. Department

of Homeland Security (DHS) which supplements

the I-9 process and provides verifi cation of valid

work authorizing documents for over 98 percent of

employees. Congress is very pleased with E-Verify.

Most discussions of reforming the U.S. immigration

system include proposals for all U.S. employers to

enroll in E-Verify within the next fi ve years. MSEC’s

Immigration Unit responds to

member questions about using

the system. In doing so, our

staff has observed that many

members using the system do

not understand it well or use it

properly.

The E-Verify system allows

data sharing about employee

identity and work authorizing

documents among employers,

the Social Security Administra-

tion (SSA,) and the DHS. The process is very simple:

the employer inputs the employee data from the

I-9 form for each new hire and most rehires (i.e.,

an exception exists for certain rehired employees

recently checked using E-Verify ). Certain E-Verify

employers, mandated to participate under a qualify-

ing federal contract, may also check existing employ-

ees assigned to work on the contract using E-Verify.

The E-Verify system also allows federal authorities to

mine the database, applying algorithms and other

analytical tools to identify patterns of usage that

violate E-Verify requirements. E-Verify’s Monitoring

and Compliance Branch may contact employers with

reminders of proper practices, invite them to partici-

pate in a desk audit or face-to-face visit, or even fi ne

or debar participating employers with more serious

violations.

Recently, DHS modifi ed the Memoranda of Under-

standing (MOU) that governs employer relations

with E-Verify and the participating agencies. New

users already receive the new versions when they

enroll. Existing users automatically become subject

to the revised MOU on January 8, 2014, and should

review the new MOU before then.

There are two diff erent paradigms of the MOUs, one

for employers accessing the system through a web

browser and one for employers accessing the system

through a web services interface. In addition, there

is one MOU for employers, one

for employer agents, and one for

employers who have delegated

their verifi cation process to an

employer agent. The substance

of the agreements is the same,

but details vary. Be sure that

you review the proper one for

your situation. In every case, the

employer retains full liability for

compliance with the E-Verify

requirements and process.

DHS modifi ed the MOUs to make them easier to

read and understand. It rearranged the order of the

sections to make the employers’ duties more promi-

nent. The revisions emphasize certain employer

duties, adding requirements to some of them. See

which are familiar to you:

• Employers must maintain confi dentiality of

employee information and must report breaches of

confi dentiality to DHS.

• Employers must post notices of their E-Verify

participation where applicants can readily see them,

including on their electronic media used for recruit-

ment.

• Employers must continue to prepare and store I-9

forms in addition to E-Verify. E-Verify printouts or

confi rmation numbers must accompany the I-9 form.

• Employers may not create an E-Verify case before

hire or use it for pre-employment screening.

Page 13: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG

• Employers must create an E-Verify case for all

newly-hired employees and enter the employee

identity and work authorizing data.

If the Social Security Number provided by the

new employee shows signs of fraudulent use, the

E-Verify system may lock the number, resulting in

a Tentative Non-Confi rmation (TNC) each time the

number is entered into the E-Verify system.

• If an inquiry results in a TNC for a new employee,

the employer must notify the employee promptly in

private and provide the Further Action Notice (FAN).

• If the employee contests the TNC, the employer

must report the contest to E-Verify and will receive

a Referral Date Confi rmation (RDC) for the employee

with instructions on contacting the agency that

issued the TNC, which may be either SSA or DHS.

• Employees who contest have eight federal

government working days to contact the SSA after

being notifi ed of a TNC from the SSA or 10 federal

government working days to contact the DHS after a

TNC from that agency.

• Employees who fail to contact the referring agency

within the designated time will be classifi ed as

“No-Shows.”

• Employees who contact the referring agency

have an opportunity to prove that the TNC was not

appropriate and to confi rm their identity and work

authorization. These cases are resolved by the SSA

or DHS as either Work Authorized or Final Noncon-

fi rmation (FNC).

• Employers have no more responsibility or authority

to determine identity or work authorization for

employees after TNCs are issued. This evaluation

rests solely with the referring agency. Employers

must continue to allow employees to work while

this evaluation is conducted.

• The E-Verify case can be resolved as No Show,

Work Authorized, or FNC. Employers are notifi ed

of the case resolution by returning to the E-Verify

system for an update.

• Once the employee is classifi ed as either an FNC

or No Show, the employer may terminate employ-

ment based on the employee’s failure to pass the

E-Verify process. The employer terminating on this

basis is protected from an employee claim that the

termination was discriminatory.

• If the employer decides to retain the employee

instead of terminating, the employer must report

this decision to DHS and be prepared to defend its

action against a DHS claim that it has knowingly

continued to employ someone whom it knew was

not work authorized.

If some of these points do not conform to your

company’s E-Verify practices or if you are interested

in enrolling in E-Verify, visit the website at www.

dhs.gov/E-Verify for more information. The MSEC

Immigration Unit also invites you to contact us –

Chris Bauer or Sherry Lin– to discuss your questions

or concerns about E-Verify. Call 800.884.1328 to

fi nd out more.

11

E-Verify continued from page 10

Page 14: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG12

Then & Now75 Years of Women and Employment LawJames McDonough, Membership Development

For the last 75 years, Employment Laws have been

driven in part by the dramatically changing role of

women in the American workplace. In 1939, the

year MSEC was created, women comprised 22

percent of the workforce. Gender-based discrimina-

tion, and social norms of the times limited options

for women in the American workplace. Middle and

upper class women were expected to rear children,

tend the home fi res, and volunteer in charity work;

employment outside the home was “gauche” and

limited to “lace collar” jobs (retail clothing stores).

When the U.S. entered World War II, everything

changed. At least 300,000 American women joined

the armed forces, and millions fi lled the void in

American industry left by men who went to battle.

Women were now working in industries and

highly skilled jobs previously reserved for men only.

From 1940 to 1945, the female workforce grew 50

precent, with an astounding 462 percent increase in

U.S. defense industries. Importantly, cultural norms

shifted and it became acceptable for middle class

women to work outside the home alongside non-

familial men. Refl ecting such changes, an important

precedent was set in 1942 by the War Labor Board’s

policy of equal pay for equal work that eliminated

wage diff erentials based on sex (General Order No.

16; Adopted 24 November 1942).

After WWII ended, many expected “Rosy the Riveter”

to relinquish their jobs to returning GIs, and return

to old roles. Many did just that and settled back into

a complacent acceptance of pre-war norms. But

underneath this smooth veneer, a new society was

percolating. Many women’s career aspirations had

expanded dramatically during the war years and

their labor force participation continued to climb.

There was no going back. The aspirations for gender

equality in the workplace took hold with a fl urry of

signifi cant Federal legislation in the early 1960’s. In

1963, the Equal Pay Act passed, the fi rst law pro-

hibiting sex discrimination. 1964 brought the Civil

Rights Act and Title VII requiring equal employment

opportunity and creation of the EEOC to enforce

such rights. For the next decade, Employment Law

evolved signifi cantly as this landmark legislation

impacted workplace practices throughout the

country.

The Feminist movement gained steam into the

1970’s, with an emphasis on empowerment and

workplace equality. The 1978 passage of the

Pregnancy Discrimination Act, prohibiting discrimi-

nation against women based on pregnancy or the

possibility of pregnancy, was the sole signifi cant

new law. Under the radar a “quiet revolution” was

taking place; a signifi cant increase in women enter-

ing higher education for careers in male-dominated

professions such as medicine, business and law.

Millions of women clearly had goals of professional

careers outside of the home. Refl ecting women’s

desire for Constitutional recognition and protection

of their rights, the Equal Rights Amendment (ERA)

was introduced to Congress in 1982. ERA failed to

pass, and was sent to the states; 35 ratifi ed it, short

of the 38 required to pass. The bill has been intro-

duced into every Congress since, but never passed.

Employment Law continued to evolve with the

1993 passage of FMLA; granting job security rights

to many workers for personal health and family

illnesses. 2009 was a milestone year with The Pay-

check Fairness Act (an attempt to address gender-

based wage gap) that failed to pass, but pay equity

was addressed that year with passage of the Lily

Ledbetter Fair Pay Act (granting expanded time to

seek legal redress for pay discrimination).

For 75 years, MSEC has witnessed the dynamic

evolution of women and employment law in the

American workplace. Today, women account for 47

percent of the labor force and by 2050 will number

92 million in the workplace. The journey continues.

US Workforce statistics source: US BLS

Page 15: January-February 2014 WM Magazine

JANUARY-FEBRUARY 2014 | MSEC.ORG 13

Survey’s New Year’s Resolution!Sue Wolf, Surveys

MSEC understands the importance of producing validated surveys employers can rely on when making

business decisions. To ensure our members receive accurate and timely survey data, we too are making

some resolutions.

With the migration to our new survey system, called “Periscope”, we want to observe questionnaire submis-

sion deadlines in order to publish timely fi nal reports. In 2014, the “posted” questionnaire deadline will be

the fi nal acceptance date to participate in a survey. Our goal is to give you more time up-front to complete

questionnaires and move away from the practice of extending deadlines that delay the publication of a

survey.

Help us to continue publishing the most reliable and trusted compensation and benefi t surveys in the Rocky

Mountain region by submitting your questionnaires on or before the posted deadline throughout 2014.

Mark your 2014 calendar with these important survey dates!

Survey Questionnaire Sent Questionnaire Due Survey Publishes

Health & Welfare Plans January 8, 2014 March 14, 2014 April 25, 2014

Personnel Pulse January 13, 2014 February 24, 2014 March 19, 2014

Benchmark Comp February 19, 2014 May 2, 2014 June 10, 2014

Planning Packet July 15, 2014 August 15, 2014 September 17, 2014

Paid Time Off Policies September 8, 2014 November 12, 2014 December 31, 2014

Three Easy Ways to Submit Survey Data:1. Enter your data directly into the online questionnaire. Use this option if you have few job matches and

employee rates to enter manually into online questionnaire.

2. Download data from your HRIS system. Use this option if you have lots of job matches and employee rates

to submit. Download your compensation data and submit an Excel spreadsheet instead of manually entering

the data into the online questionnaire, collection sheet, or rate sheet.

3. Download hard copy questionnaire documents from MSEC’s website. Use this option if you want to write

your data manually on a hard copy rate sheet. Login to www.msec.org, select “Questionnaires” from the left-

hand menu under the heading “Surveys”, and follow the directions to download the collection sheet

and questionnaire.

MSEC has been conducting opinion surveys for more than 25 years. Our state-of-the-art software creates surveys that work for your

organization. We can help gather the information, provide a comprehen-sive report and, data interpretation. For more information call 800.884.1328.

Page 16: January-February 2014 WM Magazine

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