Obama Win Assures Survival of Health Care Reform

Original Article  American Staffing Association (11/07/12) Ed Lenz


President Obama's decisive victory in the 2012 presidential election means that few, if any, major policy shifts are likely to occur in the next four years. A key question is whether the federal government can produce any significant accomplishments during that time. This will largely depend on whether the president can forge a consensus with Republicans in Congress following one of the most contentious political campaigns in recent memory.

An immediate test for all parties will be to address the daunting economic and political challenges presented by the "fiscal cliff," which calls for automatic steep tax increases and across-the-board spending cuts beginning Jan. 1, 2013, unless a compromise is reached. If the issues can't be resolved in the upcoming lame duck session of Congress, they surely will dominate the legislative agenda in the early months of the president's second term.

Although Republicans had expected to gain seats in the Senate, perhaps even regain the majority, they may actually lose ground. Republicans picked up a seat in Nebraska but lost seats previously held in Indiana, Maine, and Massachusetts which would mean a net loss of two seats unless Democrats lose in Montana and North Dakota. The Democratic candidates were leading in those states as of Tuesday night, but the races were still too close to call. If they hold those seats, Democrats will control the Senate by a margin of 55 to 45, including independents Bernie Sanders of Vermont who always votes with the Democrats and newly elected Angus King of Maine who is expected to do so. However, Republicans maintained their majority in the House, which means that congressional gridlock looms, on the fiscal cliff and other issues, unless lawmakers can find a way to bridge their differences. Given the dire economic consequences of failure, compromise is likely—but the precise contours of an agreement are impossible to predict.

One thing is clear: Implementation of the Affordable Care Act will move forward. For employers, this means that, effective Jan. 1, 2014, they will have to either offer qualified health insurance to their full-time employees or pay penalties if even one employee receives government assistance to buy health coverage through a state health exchange. Fortunately, ASA and its coalition allies were successful in persuading the Obama administration to allow employers with "variable hour" employees to use a "look-back" period of up to 12 months to determine whether those employees have worked full-time for purposes of offering health coverage or paying penalties. The look-back is expected to substantially reduce staffing firms' exposure to penalties for their temporary employees.

Although the nation's attention has been riveted by the presidential and congressional races, key elections held across the country at the state level could significantly affect businesses. Most of the adverse legislation aimed at staffing firms, historically, has come from the states. ASA will examine the implications of those elections and will report on the regulatory challenges they could present for the staffing industry in 2013 and beyond.

Virginia Supreme Court ruling extends wrongful discharge liability to individuals

Williams Mullen Heath H. Galloway and Reba Mendoza USA
Original Article

November 6 2012

On November 1, 2012, the Virginia Supreme Court, addressing a question of law certified by the United States Court of Appeals for the Fourth Circuit, held that individuals such as supervisors and managers who participate in the firing of an employee can be subject to tort liability for wrongful discharge. In doing so, the court effectively extended liability for wrongful discharge to non-employers. The court ruled that allowing such personal liability was consistent with the principles of tort liability and that the decision was in furtherance of public policy.

The underlying suit, VanBuren v. Grubb, 471 Fed. Appx. 228 (4th Cir. 2012), was filed by Angela VanBuren against Virginia Highlands Orthopedic Spine Center, LLC (“Virginia Highlands”) and Dr. Stephen Grubb. VanBuren was employed as a nurse by Virginia Highlands from December 2003 to March 2008. VanBuren alleged that, throughout her employment with Virginia Highlands, she was subjected to “offensive” and “unwelcome” sexual harassment by her supervisor and Virginia Highlands’ owner, Dr. Grubb. VanBuren also alleged that when she refused to leave her husband and engage in an adulterous relationship with Dr. Grubb, she was terminated. VanBuren sued, claiming that Virginia Highlands engaged in gender discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.§§2000e-2(a) and 2000e-3(a). VanBuren also brought wrongful discharge claims against both Virginia Highlands and Dr. Grubb under Virginia law. Virginia recognizes a narrow public policy exception to its stringent employment at-will doctrine and allows an individual to bring a wrongful termination claim if he or she was fired for, among other things, refusing to engage in an act made criminal under Virginia law. VanBuren claimed that she was terminated because she refused to engage in the criminal acts of adultery and open and gross lewdness and lasciviousness.
The United States District Court for the Western District of Virginia dismissed the wrongful discharge claim against Dr. Grubb, stating that such claims cannot be sustained against supervisors and co-workers, but are limited to the actual employer. On appeal, the Fourth Circuit determined that the Supreme Court of Virginia had not squarely addressed the issue of whether a non-employer may be held liable for wrongful discharge under Virginia law. Thus, the federal court certified the question to the Supreme Court of Virginia.

In a 4-3 opinion, the Supreme Court of Virginia held that an employee can maintain a wrongful discharge claim against a non-employer, such as a supervisor or manager, when such individual acts in violation of certain Virginia public policies and participates in the termination of the employee. In the majority opinion, Justice Millette emphasized that wrongful discharge is a tort claim and not a contract claim. In tort actions, the majority reasoned, individuals are responsible for their own torts, even when individuals are agents acting on behalf of their employers. The court defined the tortious act in a wrongful termination claim as stemming from the wrongful reasons behind the termination and not the mere act of termination itself. Thus, when the tortious reasons behind the discharge arise from the unlawful actions of the individual effecting the discharge, such individual should share in the liability. Moreover, the majority noted that its holding was in furtherance of public policy because the purpose behind the wrongful discharge exception to the employment at-will doctrine is to prevent individuals from discharging employees in violation of public policy. The majority concluded that this intention is best effectuated when employees have a cause of action against the individual in the position of power in addition to the employer. The majority held that limiting liability to the employer is not sufficient to deter wrongful discharge. Notably, the majority acknowledged that its decision to recognize this cause of action could have a chilling effect on supervisors who seek to discharge at-will employees for legitimate reasons. However, the majority argued that the limited nature of the cause of action provides sufficient protection against the abuse of this cause of action. Specifically, the tort of wrongful discharge continues to be a narrow exception to the employment at-will doctrine, and individual liability under a wrongful discharge claim is limited to situations where the individual’s personal actions violate the public policy.

This ruling will likely spur an increase in wrongful discharge claims against individual defendants. At the very least, employers should expect to see individual supervisors named in most employment discrimination cases. In addition, and notwithstanding Justice Millette’s assurances, this ruling will undoubtedly cause supervisors considerable angst when considering a legitimate termination decision. Thus, this is an excellent opportunity to review employment policies with pertinent managers and supervisors to ensure compliance with such policies, and thereby reduce both employer and individual liability under wrongful termination claims. It may also be prudent for employers to provide supervisors and managers with additional training and/or limit the ability of these individuals to make discharge decisions

WHO IS YOUR EMPLOYER FOR WORKERS’ COMPENSATION BENEFITS

In the current labor market, many employees are placed in employment through temporary agencies. There are many agencies in the local market including Labor Ready, Inc., and Manpower. If an employee is injured on the job that they have been placed into by a temporary agency, a question arises as to who is their employer. A recent Pennsylvania Superior Court decision was issued explaining this relationship.

In Black v. Labor Ready, Inc., et al., the Pennsylvania Superior Court made a determination that a temporary agency was the employer of an injured worker who had been placed to work at Williamsport Steel Container, Inc., where she was injured. The Plaintiff was injured when she was working on a punch press machine in the factory of Williamsport Steel Container, Inc., when the machine descended on the Plaintiff’s hand, amputating it. The Plaintiff filed a workers’ compensation claim against both Labor Ready, Inc., the temporary agency, and also Williamsport Steel Container, Inc.. The matter was assigned to a workers’ compensation judge for disposition. The Defendant, Williamsport Steel Container, Inc., filed an answer to the Plaintiff’s petition alleging that it was not her employer and, rather, that Labor Ready, Inc., was the Plaintiff’s employer. The workers’ compensation judge decided that the temporary agency was, in fact, the Plaintiff’s employer. Subsequently, the Plaintiff filed a civil law suit against Williamsport Steel Container, Inc., alleging that she was injured due to their negligence in the maintenance of the punch press machine. In response to that complaint, Williamsport Steel Container, Inc., changed its position and filed a Motion for Summary Judgment attempting to dismiss the Plaintiff’s claim. In the Motion, Williamsport Steel argued that it was the Plaintiff’s employer and as such she was barred from pursuing any civil law suit against it, because her exclusive remedy was the Workers’ Compensation Act.

The workers’ compensation law and the law of the Commonwealth of Pennsylvania clearly states that:
Where an employee’s injury is compensable under the Workers’ Compensation Act, the compensation provided by the statute is the employee’s exclusive remedy against his or her employer. Thus, an injured employee cannot maintain a tort action against his or her employer if the injury is compensable under the provisions of the Act.

Albright v. Fagan, 671 A.2d 760 762 (Pa. Super. 1996).

The Pennsylvania Superior Court then looked into the apparent inconsistent positions that Williamsport Steel had taken in this particular situation. The Pennsylvania Supreme Court has specifically held that as a general rule, a party to an action is estopped from assuming a position inconsistent with his or her assertion in a previous action, if his or her contention was successfully maintained. In re, adoption of S.A.J., 575 Pa. 624, 631, 838 A.2d 616, 620 (2003).

In Black, the Superior Court specifically held that an employer, in this matter Williamsport Steel Container, Inc., could not maintain an inconsistent position. Thus, its previous answer in the workers’ compensation claim, specifically denying the Plaintiff was an employee, barred Williamsport Steel from raising the contention that she was their employee in the civil lawsuit. As such, the Plaintiff was permitted to pursue a civil action against the business where she was placed by the temporary agency. This decision is important, as it potentially expands the rights of injured parties to seek redress for their injuries, and more clearly define the employer-employee relationship in situations involving temporary agencies.
Original site:  http://www.law-aca.com

TAKE AWAY:  Three things, as an employer, to keep in mind when working with a staffing agency:

1) Make sure that the contract you are signing with the staffing agency specifically addresses who is responsible for workers' compensation.  Ideally, you should expect and demand wording to the effect that "staffing agency is responsible for managing and paying workers' compensation claims arising from the client work place."

2) Make sure the staffing agency has--in either its policies and procedures or its employee handbook--a statement regarding the co-employment nature of the placement and that workers' compensation is the sole responsibility of the staffing agency.   The staffing agency should want to comply with both points one and two as it should protect them from civil lawsuits as described in Black.  Points one and two also provide some protection in front of a workers' comp judge, as in the case of the first suit referenced in Black.

3) If you do find yourself faced with the circumstances described in the workers' comp case, consult your attorney (I am not an attorney and should not be considered a substitute).  Avoid a defense in which you claim to not be the employer.  Instead, defend yourself that you are a "co-employer" but that the staffing agency is ultimately responsible for workers' comp claims (and then present your handy-dandy contract referenced above).  The co-employment status should present significant protection against the subsequent civil lawsuit.

Can an employer be sued for commuting accidents?

Apparently, yes.  If you, as employer, are aware that an employee is ill or impaired at work, particularly due to something at work (exposure to chemical, long overtime hours, etc.), you could be found liable for any accidents they cause on the way home!

Typically, an employer is not liable for its employee's actions during their typical trip to and from work.  But be careful with this commonly held "rule," as there can be exceptions. 

Recent Case:  Bussard v. Minimed Inc.

On March 22, 2000, Minimed hired a pest control company to spray pesticide overnight to eliminate fleas at respondent's facility. Around 7:00 a.m. the next day, Minimed clerical employee Irma Hernandez arrived for work. She noticed a funny smell similar to "Raid." By 10 o'clock, she felt ill, with a headache, nausea, and tightness in her chest. At noon, she told two supervisors she did not feel well enough to continue working and wanted to go home. One supervisor offered to send her to the company doctor, but Hernandez declined the offer, while another supervisor asked whether she felt well enough to drive home, and she said yes. (Eventually, nine workers went home early feeling ill and 22 employees sought medical care either that day or later for their exposure to the pesticide.)

Hernandez drove home shortly after noon. While in route, she rear ended appellant Barbara Bussard, who was stopped at a red light. Hernandez told the police officer who responded to the accident scene that she had felt dizzy and lightheaded before the accident.

Bussard sued Hernandez and Minimed alleging a single cause of action for negligence for her personal injuries and property damage. She claimed Minimed was vicariously liable as Hernandez's employer under the doctrine of respondeat superior because Hernandez was acting within the course and scope of her employment when she was driving home ill from pesticide exposure.

Minimed moved for summary judgment. It argued the "going-and-coming" rule meant Hernandez was not within the course and scope of her employment during her commute home. Accordingly, it should not be held vicariously liable under respondeat superior.

The court agreed. It noted the pesticide had not incapacitated Hernandez to the point of rendering her irrational. Thus, her exposure to it did not justify disregarding the going-and-coming rule to make respondent vicariously liable for her as she drove home sick. This appeal followed.

Upon appeal, this summary judgment was reversed and the case permitted to go to trial.

The court, after appeal, then ruled  that despite the traditional “going-and-coming” rule shielding employer liability for an employee’s actions during his or her commute, where an employee’s job contributes to an accident, and such accident is foreseeable as a result of the circumstances, any resulting losses can be fairly attributable to employer’s business.

When  an employee endangers others with a risk arising from or related to work (“in the context of the particular enterprise an employee’s conduct is not so unusual or startling that it would seem unfair to include the loss resulting from it among other costs of the employer’s business”).

Consequently, Hernandez was essentially an “instrumentality of danger” after suffering pesticide exposure at work, and the fact that she may not be fit to drive was a foreseeable consequence of the use of the pesticide. Defendant is vicariously liable here, regardless of whether Defendant bore any responsibility for Hernandez’s exposure and subsequent negligent driving, and the fact that Defendant asked Hernandez whether she was fit to drive does not shield it from liability. Just like in cases where an employer is liable for actions of a drunken employee, regardless of whether the employer is responsible for the employee’s drinking

Take Away

Pay attention to any illness or injury complaints that could be related to work.  Be proactive. Provide transportation to medical care or home. Do the same in other cases where driving might be impaired: after a particularly long late-night day due to overtime, or where alcohol has been served.  Keep this ruling in mind when an employee has failed a drug screen.  Going the extra mile and calling a cap or emergency contact could save you down the road. 

After a bogus jobseeker used an interview to sexually assault a staffing agency's manager...

CLEVELAND (CN) - After a bogus jobseeker used an interview to sexually assault a staffing agency's manager, the company told her not to file a worker's comp claim because "it was trying to lower its premiums," the former manager claims in court. A.M. sued Shamrock Staffing, of Bedford, in Cuyahoga County Court. She says she worked for Shamrock from 2010 to 2012, first as a receptionist, then as office manager.

Full Story at Courthouse News Service

WANTED: CLIENT SERVICES REPRESENTATIVE

Job Description

This is a full-time full-cycle client services representative in a start-up department for a well-established nationwide apparell company.

Incumbent will be responsible for the full-cycle care of the business client from consultation, sale, production, quality, shipment, satisfaction, to ongoing relationship with the client.

• Contact new and existing customers to discuss their needs, and to explain how these needs could be met by specific products and services.
• Answer customers' questions about products, prices, availability, or credit terms.
• Quote prices, credit terms, or other bid specifications.
• Emphasize product features based on analyses of customers' needs and on technical knowledge of product capabilities and limitations.
• Negotiate prices or terms of sales or service agreements.
• Maintain customer records, using automated systems.
• Prepare sales contracts for orders obtained, and submit orders for processing.
• Select the correct products or assist customers in making product selections, based on customers' needs, product specifications, and applicable regulations.
• Collaborate with colleagues to exchange information, such as selling strategies or marketing information

Job Requirements

3-5 Years experience in full-cycle customer/client services with customer-types such as department stores or specialty stores such as Macys, Penneys, Walmart, Target, Victorias Secret, etc.

Apparel industry background a definite plus.

Looking for someone with a go-getter attitude who is willing to be part of a start-up department, willing to make suggestions, full of ideas.

Apply Now

WANTED: CNC PROGRAMMER / MACHINIST

CNC PROGRAMMER POSITION SUMMARY: 

Operate and program computer numerical control machines to fabricate parts. Loads parts in machine, cycles machine, detects malfunctions in machine operations such as worn or damaged cutting tools. Run production lots, communicate with co-workers regarding productions runs, and maintains safe, organized and clean work environment.


CNC PROGRAMMER RESPONSIBILITIES/DUTIES:

1. Perform typical machine shop operations.
2. Detect and report defective materials or questionable conditions to management or designee.
3. Maintain work area and equipment in a clean orderly condition and follows prescribed safety procedures.
4. Must be able to perform, but not limited to, the following tasks: milling, turning, drilling, tapping, de-burring, sawing and sanding.
5. Perform inspection of machined products (including documentation of results).
6. Complete and maintain paperwork for parts.
7. Assist in other work areas, including but not limited to, perform fabrication, lay-up, infiltration, furnace operation and sand blasting.
8. Perform all other duties, as assigned.

CNC PROGRAMMER MINIMUM EDUCATION REQUIRED: High School Diploma or graduation from certified technical school. Associates degree a definite plus.

YEARS OF EXPERIENCE DESIRED FOR CNC PROGRAMMER:

• CNC PROGRAMMER – Minimum 3 year of related experience
• CNC MACHINIST – Minimum 2 years of related experience

SPECIFIC KNOWLEDGE, SKILLS, LICENSES, CERTIFICATIONS, ETC:

• Must have working command of the English language, and be able to communicate orally and in writing (basic oral instructions, simple written memos and instructions).
• Must be able to read and interpret drawings, follow routers, use simple math to perform basic calculations, and use basic hand held measuring tools.

Apply Now

WANTED: SHIPPING CLERK

Job Description

Shipping Clerk

Examine contents and compare with records, such as manifests, invoices, or orders, to verify accuracy of incoming or outgoing shipment.

Prepare documents, such as work orders, bills of lading, or shipping orders, to route materials.

Record shipment data, such as weight, charges, space availability, damages, or discrepancies for reporting, accounting, or recordkeeping purposes.

Determine shipping method for materials, using knowledge of shipping procedures, routes, and rates.

Deliver or route materials to departments, using work devices, such as handtruck, conveyor, or sorting bins.

Pack, seal, label, and affix postage to prepare materials for shipping, using work devices such as hand tools, power tools, and postage meter.

Confer or correspond with establishment representatives to rectify problems, such as damages, shortages, or nonconformance to specifications.

Requisition and store shipping materials and supplies to maintain inventory of stock.

Contact carrier representatives to make arrangements or to issue instructions for shipping and delivery of materials.

Compute amounts, such as space available, shipping, storage, or demurrage charges, using computer or price list.

Job Requirements

• 3-5 years shipping experience.
• High School Diploma/GED
• Familiarity with FEDEX shipping
• Steel-toe shoes

Apply Here for Shipping Clerk

WANTED: PURCHASING CLERK

PURCHASING
Responsibilities

• Prepare purchase orders, solicit bid proposals, and review requisitions for goods and services.
• Interview vendors and visit suppliers' plants and distribution centers to examine and learn about products, services, and prices.
• Monitor and follow applicable laws and regulations.
• Attend meetings, trade shows, conferences, conventions, and seminars to network with people in other purchasing departments.
• Research and evaluate suppliers based on price, quality, selection, service, support, availability, reliability, production and distribution capabilities, and the supplier's reputation and history.
• Confer with staff, users, and vendors to discuss defective or unacceptable goods or services and determine corrective action.
• Evaluate and monitor contract performance to ensure compliance with contractual obligations and to determine need for changes.
• Maintain and review computerized or manual records of items purchased, costs, deliveries, product performance, and inventories.
• Arrange the payment of duty and freight charges.
• Analyze price proposals, financial reports, and other data and information to determine reasonable prices

Job Requirements

High School Diploma or equivalency required. Associates or higher preferred.
Computer aptitude. Some spreadsheets and proprietary software
Verbal and written communication skills
Ability to be reliable and consistent with attendance.
Pre-employment substance screen
Ability to establish authorization to work in the United States

Apply for Purchasing Clerk

WANTED: ACCOUNTS PAYABLE / RECEIVABLE CLERK

Job Description

Accounts Payable / Receivable Clerk

• Operate computers programmed with accounting software to record, store, and analyze information.
• Check figures, postings, and documents for correct entry, mathematical accuracy, and proper codes.
• Classify, record, and summarize numerical and financial data to compile and keep financial records, using journals and ledgers or computers.
• Debit, credit, and total accounts on computer spreadsheets and databases, using specialized accounting software.
• Operate 10-key calculators, typewriters, and copy machines to perform calculations and produce documents.
• Receive, record, and bank cash, checks, and vouchers.
• Comply with federal, state, and company policies, procedures, and regulations.
• Compile statistical, financial, accounting or auditing reports and tables pertaining to such matters as cash receipts, expenditures, accounts payable and receivable, and profits and losses.
• Code documents according to company procedures.
• Reconcile or note and report discrepancies found in records.
• TEMP-TO-HIRE

Job Requirements

• 3-5 years AP/AR Experience
• Experience with QuickBooks accounting software
• Microsoft Office
• High School Diploma / GED

APPLY HERE:

  

ADMINISTRATIVE ASSISTANT WANTED

Job Description

Part-time position (20-25 hours/week) in busy social and traditional media marketing office in Lewisburg PA.

Administrative assistant will be responsible for:

• Daily operations of office
• Maintaining office scheduling and appointment setting
• Reception
• Some local travel with sales representative
• Maintaining telephone and email contact with clients
• Assisting with billing and invoicing

Role may grow into assisting with social media marketing platforms and coordination of advertising and marketing efforts.
Could eventually become full-time.

Job Requirements

• College degree preferred, but not required. Currently-enrolled college students may be considered.
• Friendly and professional appearance and phone voice.
• Microsoft Office
• Aptitude for computers and computer software platforms
• Quickbooks experience a significant plus.
• Hours can be flexible, within reason

JOB FAIR IN LEWISTOWN!!!

Lewistown CareerLink 6395 State Route 103 North Lewistown, PA 17044 
Friday, July 6 from 10:00 am to 1:00 pm. 

We are hiring packers to work for Quantum at Trinity Packaging in Lewistown, PA. These are 90 calender-day temp-to-hire positions. Ability to lift 25-30 lb. frequently and to stand in one place for long periods of time.  Solid work history, high school diploma or equivalent, and a pre-employment substance screen are required.

If you want a job done right, don't do it yourself. Call Quantum SPS

With safe, reliable, and qualified workers, it's always smooth sailing with Quantum SPS

How to Get the Most Out of Your Staffing Agency Experience

 “They weren’t able to get me a job!”

I hear this quite frequently about the various staffing agencies in the area and elsewhere, including about Quantum. There can be many reasons for this--some the job seeker can control and some the job seeker cannot. Let’s focus on those the job seeker can control by starting out with one of the most common misconceptions regarding staffing agencies.

I am asked quite frequently, “oh, you look for jobs for people?” Well, yes, in a roundabout way, but not exactly. Staffing agencies are for profit businesses. Staffing agencies build things; they package things; they design things; they manage things; and they answer phones, type minutes, and create reports. Staffing agencies are just like any other company with payrolls, taxes, employees, management structures, and so on. The difference is that the staffing agency does these things at other worksites rather than their own. The staffing agency’s employees build their widgets in someone else’s building. So, staffing agencies do not exist, typically, to “look for jobs for people.” The staffing agency’s business—its sole business—is to search for and hire the best available talent to make, produce, create, and distribute what it contracts with its client companies to do. When you register with a staffing agency, you are applying to work for that staffing agency.

So how does one increase the chance that a staffing agency will employ him or her? It begins with the same principles and ideas that one might use with any other employer.

Do some research to discover with which agencies you should apply.

By my last count, there are ten agencies in the Williamsport area. All are staffed by good people who do a good job at what they do, but most excel in slightly different areas. Some may be better at factory work or some at office work. Some may be able to provide direct hire offerings. Some may be better at certain niches like engineering or IT or Human Resources or sales. Many of us “do it all,” but have particular strengths, so watch the newspaper or the job boards or the individual websites of the local agencies. If an agency has a track record of having many administrative postings and you’re looking to be a clerk-typist, then that may be where you want to start.  This will require having some idea what you would like to do—“anything” is rarely a good answer when asked. It is also perfectly acceptable to ask your staffing agent. A good staffing agent will see no problem in referring you to another agency that is strong in what you're looking for.

Make sure you read all paperwork given you when you register and learn the rules.

This is extremely important. I have many applicants that look for the “sign here” lines on my application and skip over reading the very information that will help them. The registration paperwork is there for a reason. The purpose from the agency’s perspective—just like any company--is to judge whether you’re qualified and eligible. The purpose from the job seeker’s perspective is to sell him or herself and to read the policies to understand what is expected and how best to become--and stay--employed. So, take your time and use this to your advantage.

Listen attentively in the orientation and ask questions.

This is the time when your staffing agent will reinforce or explain much of what was likely in the application, handbook or the rules you are receiving. This is not the time to play with your cell phone, yawn, nap, or count ceiling tiles. Use the opportunity to understand how your individual agency works and what is important to them. Make sure to ask questions if anything is unclear or uncovered or if you have concerns

.

Follow the rules

Each agency has its own set of rules and priorities, but some are fairly common. Most common is to keep in contact with the agency to establish and maintain availability.   Some agencies will ask you to call on specific days so make sure to follow this. Many times, the very people who state that we haven’t “found them a job” are those that have not contacted us in weeks or months. How am I—or any agency—to know you are available to work for me unless you tell me so? With literally thousands of people registered, make sure you don’t become a name and a number in a computer database. Stay in contact.

Remember to follow these steps and your staffing agency experience will not only be enjoyable, it will be rewarding.

Ted Taylor, SPHR, CSP

Managing Partner, Quantum Strategic Personnel Solutions

Feel free to ask a question or apply at our website

Calling Off Work, Quitting, and Other Ramblings

Being in the staffing and recruiting industry for nearly 9 years, I never cease to be surprised by the reasons people quit their jobs, lose their jobs, or call off work (see "lose their jobs" for more information on this one).  Since every week I find myself saying at least once "well, there's a new one," I've decided to keep a journal of excuses and my reaction to them.   I'll post them here occasionally, primarily for my own entertainment.

Calling off Work

"I have the runs." Of the terms used for this on my phone or on my voice mail, this is probably the least graphic. First of all, let's get this out of the way right off the top:  If this is the reason you are calling off work, I really don't need to know the frequency, consistency, painfulness, or physical description.  "I'm sick to the stomach and am afraid I won't be able to stay out of the restroom" will suffice.  Thanks in advance. But secondly, just for those of you who do not know:  they do make OTC medication for this. How about taking one and letting us know you're sick but could you come in two hours late to give the medication time to work? It's unusual that someone would really need an entire day to get over "the runs."

"I have a doctor's appointment."  So you have to miss the entire day for a doctor's appointment? Of the 4000 hours of payroll I have a week, roughly 60-80 are lost to "doctor's appointments" for 8 people. Most of our employees work in north-central Pennsylvania.  Where is the doctor's appointment, Virginia? New Hampshire? In most common circumstances, there is no reason to miss an entire day for a doctor's appointment. A colonoscopy?  Sure. But your typical doctor's appointment?  No. Go in late, leave early, or go and come back. It really is that simple.

What? You didn't know you had a doctor's appointment until this morning? Please understand that somewhere some production planner based their expectation of how many widgets could be made upon having X number of people there today. The fact you forgot to, neglected to, or chose not to let someone know before today that you have a "doctor's appointment" means either someone else has to work harder to make up for your absence or the company is going to lose some money. Eh, but who cares if the company loses money, right? It's only your job that will eventually be cut due to finances. No big deal.

"My car broke down last night and I can't get it fixed."  All together now:  Give me a "B!"  Give me a "U!" Give me an "S!"   What's that spell?  BUS!  Okay, not all towns have public transportation, but ours does. So why are people telling me about their cars? Oh, and given the fact that getting the car fixed will cost money and we pay by the hour, calling off an entire day while claiming you can't get your car fixed is slightly counter-productive, don't you think?  Here's another idea:  TAXI.  Here's several more: neighbor, parent, relative, maybe the friends that helped you get the hangover that made you call off last Monday. The worst thing a broken car should do is make you late.  It should not make you miss an entire day.

"I QUIT!"

"The supervisor told me what to do!" Hmm.  Really?  Imagine that! Before you roll your eyes reading this, it was an actual honest to God reason an employee on his second day gave me for quitting. Apparently, the supervisor had told the employee that the way he was doing something wasn't efficient and to "try it this way."  

We can't have that. It's not the trainer's job to train, and it's not the supervisor's job to supervisor. So, if you're a supervisor, I caution you against, well, supervising or you may lose your employee.

"It's not enough money to live on."  I get this IF you've already done your job search and have attended an interview while you had the runs, your car was broken down, or you had that doctor's appointment in Virginia. I've read many employment applications on which people wrote "not enough money" in answer to "reason for leaving?"   and then had NO job for two to three years. Really?  How did that work out for you? 

I often wondered about such a reason. I always suspected  the "not enough money" was cover for something else on an application (fired, took an "under the table" job, there's a job not listed, etc).  But then I received a call from an employee last week that her job didn't pay enough and she was quitting (two hours before her shift, I might add).  I asked, "oh, so you found another job?"  She answered, "No. I said it's not enough money to live on."  I asked, "So then you'll have no job?"  She said, "Yeah. I just can't make it on that little." Bewildered, I couldn't resist asking the question, "So you'll just quit because nothing is obviously more than little?" Unsurprisingly, she didn't understand the question, so I repeated it. She answered, "Oh, I'll figure something out." Given the fact I just received her unemployment claim questionnaire, I'm going to go ahead and guess what she thinks she's figured out.

Folks, if you're not making enough money, I get that. But be an adult and find an alternative (i.e., another job) before quitting and sitting home on nothing and expecting someone else to pick up the tab. 

"I was disrespected." This phrase seems to be growing on popularity. Is this a song somewhere or something? Look, I don't mean any disrespect, but if you haven't earned respect, you cannot be "dis"-respected. And without exception, the people who have uttered the phrase "I was disrespected" or "you disrespected me" have not done anything to earn any respect. In fact, in every case it has been the contrary. Being corrected, managed, or expected to do something is not disrespect. Failing to correct, be managed, or do what is expected is disrespect.

"I didn't/don't like the job."  I get it. I think most people have at least had days that they didn't particularly like their job. If it's an everyday thing, it probably is time to change jobs. But in today's economy, make sure you have another job lined up before jumping ship.

"The walk-out." After almost 9 years, someone is still going to have to educate me and give me one example of what would be a good reason for a full-grown adult to walk out mid-shift on a job. 

The common theme for all of these? When did sense of responsibility and commitment die and where are they buried?  I'd like to send flowers.

by Ted Taylor, SPHR
Managing Partner, Quantum Strategic Personnel Solutions
Contact Quantum
 
 

Job Fairs -- Lewistown

JOB FAIRS

Lewistown CareerLink


6395 State Route 103 North


Lewistown, PA 17044


Friday, May 17 from 10:00 am to 1:00 pmThursday, May 24 from 1:00 to 4:00 pm



We are hiring packers to work for Quantum at Trinity Packaging in Lewistown, PA. These are 90 calender-day temp-to-hire positions. Solid work history, high school diploma or equivalent, and a pre-employment substance screen are required. Demonstrable good attendance record is a significant plus. Steel-toe shoes are required. Please bring IDs required for the Federal Form I-9 to the job fair. We cannot hire without these IDs. Pre-register online at www.quantumsps.com


Shifts Available


Monday to Friday: 8:00 am - 4:00 pm 4:00 pm - 12:00 midnight 12:00 midnight - 8:00 am
Rotating shifts: Daylight: 7:00 am - 7:00 pm Overnight: 7:00 pm - 7:00 am

Pre-apply here

 

Quantum is going to Pay Cards

***EFFECTIVE JUNE 1, 2012***

As of payroll on June 1, 2012 Quantum Strategic Personnel       Solutions will be going to mandatory pay cards or direct deposit as means of paying our employees.  As of this date, we will no longer be mailing our paychecks. Due to the closing of our mail distribution center, this is to ensure your timely pay.  Prior to   Friday, May 25, you will want to make sure to contact our office to register your pay card or to set up direct deposit

                   

Prepaid Payroll

MasterCard® Program

Your Paycheck on a MasterCard®

• Save approximately $400 a year having your pay check put on the Global Paycard Payroll MasterCard®
• Convenient alternative to checks
• Very easy to use – just swipe like credit card
• Cash withdrawal at any ATM
• Can be used for POS purchases
• Record of all transactions
• Can be used a pre-paid phone card
• Can be used to transfer money
• No  credit approval or bank account
• No check cashing fees
• Everyone qualifies
• Add your cash to your card for safety
• Use your card to pay utility bills
• Make internet purchases
• Additional cards available for family
• Transfer money to family card – eliminating wire transfer fees
• Use your card at all other employers 

Pennsylvania Shared-Work Program

SHARED-WORK PROGRAM

In March 2012, Pennsylvania implemented a new Shared-Work Program. The Shared-Work program allows an employer to temporarily reduce the work hours of a group of employees as an alternative to a lay-off. Employees covered by the plan receive a percentage of their UC Weekly Benefit Amount, or WBA, while they work the reduced schedule, if they are otherwise eligible for UC.

The percentage by which each employee's work hours are reduced is called the "reduction percentage." The employer determines the reduction percentage. It must be at least 20 percent and cannot exceed 40 percent. The reduction percentage must be the same for all employees participating in a Shared-Work plan. For example, if an employee normally works 40 hours per week, and the reduction percentage is 20 percent, then the employee's hours are reduced by 20 percent and he or she would work 80 percent of 40 hours, or 32 hours per week. If an employee in the same unit works 30 hours per week, then he or she would work 80 percent of 30 hours, or 24 hours per week.

For each week included in the plan, an employee receives a percentage of his or her UC WBA equal to the reduction percentage. For example, if the employee's WBA is $400 and the employee's hours are reduced by 20 percent under the plan, the employee would receive 20 percent of $400 or $80 in Shared-Work UC.

The employer implementing a Shared-Work plan will be charged 100 percent of the UC paid to participating employees within the effective period of the plan.

If you have questions regarding this program, please contact 877-785-1531.

Forms:

• Application for a Shared-Work Plan (Employer), UC-1084
• Application for a Shared-Work Plan (Employer) Instructions, UC-1084A
• Application for Shared-Work Benefits (Claimant), UC-1088
• Application for Shared-Work Benefits (Claimant) Instructions, UC-1088A
• Bi-Weekly Claim Form (Employer), UC-1089
• Application to Modify Approved Shared-Work Plan, UC-1091
• Shared Work FAQs
• 
  

Original article found on the PA Labor and Industry site, here.

Job Fair Lewistown, PA

JOB FAIR

Lewistown CareerLink
6395 State Route 103 North
Lewistown, PA 17044

Wednesday, May 2 from Noon to 3:00 pm

We are hiring packers to work for Quantum at Trinity Packaging in Lewistown, PA. These are 90 calender-day temp-to-hire positions. Solid work history, high school diploma or equivalent, and a pre-employment substance screen are required. Demonstrable good attendance record is a significant plus. Steel-toe shoes are required. Please bring IDs required for the Federal Form I-9 to the job fair. We cannot hire without these IDs. Pre-register online at www.quantumsps.com

Shifts Available
Monday to Friday: 8:00 am - 4:00 pm 4:00 pm - 12:00 midnight 12:00 midnight - 8:00 am
Rotating shifts: Daylight: 7:00 am - 7:00 pm Overnight: 7:00 pm - 7:00 am

Job Fair!!!

JOB FAIR!!!

WHEN: Friday, April 27, 2012 10:00 am - 2:00 pm

WHERE: Lewistown Career Link: 6395 State Route 103 North, Lewistown, PA 17044

FOR WHAT: Hiring for temporary-to-hire packers at Trinity Packaging in Lewistown, PA. All three eight hour shifts (8am-4pm, 4pm-12M, 12M-8am) or either twelve hour shift (7pm-7am or 7am-7pm).

WHAT YOU WILL NEED: Bring IDs for the Federal Form I-9. A resume is a plus but optional. Come prepared to interview...this includes dressing like you care.

WHAT ARE THE CRITERIA: High school diploma/GED. Some production experience a plus but not required. Steel-toe. Pre-employment drug screen and willingness to submit to a criminal background check.

Feel free to pre-register here or fill out a pre-application here

.

See You There!

48 Days to the Work You Love Workshop

     Do you know anyone who is saying…

•           “The company I worked for just closed and I don’t know what to do next.”
•           "I want to start my own business.”
•                “I just got fired and my self-confidence is at an all-time low.”
•           “I’m 40 years old and in a career path that no longer ‘fits.’”

If that sounds like you or someone you know

then we have the solution!

Free Preview Meeting Tuesday May 8 7pm

Quantum SPS 1988 West 3rd Street, Williamsport

48 Days to the Work You Love Workshop begins May 15

This 6 week Workshop will help you discover how you are wired, what you were

made to do and how to align your work around the life you love instead of your

life around your work.

Dave Ramsey recommends Dan Miller and '48 Days'

as the #1 career guidance program in America.

Come learn how you can change your life and find new purpose, fulfillment

and release to love your work!

Contact Lou Palazzo for details: 570-601-3000

or go to QuantumSPS.com/48days.html

Facebook for Recruiting?

With the ever increasing popularity of Facebook--over 845 MILLION active users a month at the end of December 2011--employers are increasingly turning to Facebook for advertising openings, for sourcing, and for screening. This begs the question: Is Facebook a valid source of information for the recruitment of job candidates?

With the most popular use of Facebook being "just for fun" and for other entertainment purposes, is Facebook a valid source of information for recruiting?

Let's start out with some basic ideas about employment recruiting. While the lines blur considerably and it is sometimes difficult to separate one from another, there are three basic areas, or steps, to the recruiting process.

Advertising

The first is advertising. With 845 million users looking at Facebook each month--approximately 169 million of which are in the United States--it would seem Facebook would be a reasonable option. By contrast, the daily circulation of the New York Times is just short of 1.2 million while the combined usage of Monster, Beyond.com, CareerBuilder,TheLadders, and Snagajob is slightly over 42 million. The numbers that can be reached using Facebook is astounding. And at Facebook, you can qualify who you want to see the ads by geography, interesst, age bracket (over 18, for example), and several other criteria. And you can choose to be billed by click or by impression and have access to analytics that tell you demographically who is seeing it, percentages of clicks, etc. The idea would be to make your ad clickable, with the option to direct it to your company's Facebook page (which is free, by the way) or to your company's career page, blog, homepage, or wherever.

Of course, not everyone on Facebook is actually looking for a job, but the branding and word of mouth referrals is too good a potential to pass up.

Sourcing

The second of the basic areas or phases of recruiting is sourcing. This is differentiated from simply advertising in that the recruiter is actually actively seeking prospective candidates using specific search criteria, keywords, company names, etc. Unlike LinkedIn, which is set-up to be resume-based and more of a professional networking site, sourcing proves to be a little more difficult on Facebook. As stated above, the intent of Facebook is to be a social networking site where participants come to share pictures, keep in touch, arrange parties, or for an online diary. There are some third-party platforms which enable some use of search criteria, but in general, the use of keywords, job titles, etc., is extremely limited. Because of this, there are vastly better uses of time and resources than to attempt to source on Facebook. Examples of better resources would be LinkedIn, job boards, or sites such as Manta and Jigsaw, which can be pay sites but do have some benefit in their free versions.

Screening

Screening is the third basic area or phase of recruiting and where we enter into murky waters when using Facebook. Screening is the step in which we as hiring managers, human resources officials, and recruiting or staffing professionals make decisions as to the viability of a candidate. The question is "What type of information is present on Facebook that is relevant to a candidate's viability for a position."

Particularly because the purpose and intent of Facebook is to be social, to communicate with friends, and to be "away from work." the question is a good one. How is what someone does on the weekend, away from work, relevant to how one will perform on the job site? In conversations recently with other human resource professionals, a common defense of the practice of using Facebook to screen is "We want to see if Candidate X is culturally or socially a good fit for our organization." In other words, does the candidate's value systems, etc., match those of the group already working.

This, of course, raises several questions.

• How much does the hiring manager know about his current workforce away from work? The point here is that unless the hiring manager spends quite a bit of time with her staff away from work or has also spent quite a bit of time on their Facebook pages, she is comparing the "culture" or "value systems" or "behavior" of the workplace persona of her current employees with that of the applicant's "away from work" time. It's an apples and oranges comparison. This defense of searching Facebook profiles seems to ignore the idea that people are quite able to compartmentalize work time and personal time. In other words, people are very able to adapt their behavior and attitude depending upon whether they are at work, school, church, home, or at a party with friends. Comparing one against the other is probably not a productive practice.


• Exactly what type of information is the hiring manager looking for? Obviously, the manager is looking for behavioral tendencies. Several human resources professionals I've spoken with that do use Facebook explain that since they use structured behavioral interviews anyway, this is just one more source to verify this type of information. But is this actually valid? Once again, the behavior displayed on Facebook is of a social, party, sandbox nature. It is not necessarily a reflection of at-work behavior. So the practice may not pass any kind of validity test. Other hiring people have responded with "I want to see how they talk about previous employers. If a candidate has posts with negative comments about a previous employer or their product, they would be likely to do the same with me. I do not want that." This possibly has some merit. But just because a woman or man has commented negatively about a past boyfriend or girlfriend, it doesn't necessarily indicate the likelihood they will do so in the next relationship. The point would seem to translate to employers, as well. And honestly, if this proclivity doesn't present itself in your interview, you may want to consider altering your interview questions. The practice of searching Facebook for these purposes probably isn't any more beneficial than finding out what your swim team candidate is like while riding a bike on a mountain.


• What does the hiring manager do with information protected by Title VII, ADEA, ADA, and other statutes? By its nature as a social site, Facebook offers pictures of the candidate, information regarding marital status, sexual preferences, age, disabilities, political leanings, religion, etc. Some hiring managers will say, "oh, but I don't look at that information. How does one not look at this when they are on a Facebook profile? Maybe the hiring manager can say he doesn't take such information into consideration, but it may be very difficult to prove in an employment claim, particularly if all other things are fairly similar. It may be best to leave access to such information, or the appearance of such, out of the screening process.

There has been much press recently about hiring managers actually asking or demanding usernames and passwords to Facebook accounts. This practice is already illegal in Maryland and bills are making their way through legislatures elsewhere. Facebook itself has published a statement opposing this practice and advising its users to refuse such requests. Because of the above and because passwords also give employers access to private emails, private information on the pages of "friends" of the applicant, potentially credit card information, etc., this is never a good practice and should be avoided.

So what have we learned?Facebook could be a great source for advertising positions and for branding your company for potential job seekers. Depending on the scope of your advertising, it can be done with very little expense. However, as a sourcing avenue it is limited in scope and cumbersome in effort. Other sites present a much better, much more efficient use of sourcing time. As a screening tool, it may be better to hone your application and interview processes to better uncover the information you might want from Facebook without the information on Facebook that will get you into trouble.

Ted Taylor, SPRH quantumsps.blogspot.com

HEALTH BENEFITS AVAILABLE NOW!

Interested in Benefits?

As an employee of Quantum Strategic Personnel Solutions, you and your family are eligible for benefits NOW!

Your options include:

• Hospital Indemnity Insurance

 - No Deductible or Co-Insurance

 - Benefits for Doctor Office Visits; Pharmacy  (Most likely, your doctor is covered by the plan!)

• Dental Insurance

 - National Network of 72,000 Dentists

 - Preventive Care Paid at 100%, No Deductible

• Vision Insurance

 - Low copay coverage for frames, exams, and contacts!

·   Short-term Disability

·   Accident Insurance

·   Life Insurance

The 5s Program: A Smart Move for Any Business

The Five S program focuses on having visual order, organization, cleanliness and standardization. The results you can expect from a Five S program are: improved profitability, efficiency, service and safety.
The principles underlying a Five S program at first appear to be simple, obvious common sense. And they are. But until the advent of Five S programs many businesses ignored these basic principles.

What types of businesses benefit from a Five S program?
Everyone and all types of business benefit from having a Five S program.
Manufacturing and industrial plants come to mind first, as those are the business that can realize the greatest benefits. However, any type of business, from a retail store to a power plant -- from hospitals to television stations -- all types of businesses, and all areas within a business, will realize benefits from implementing a Five S program.

Benefits of Lean 5S"
One important purpose and benefit of 5 or 6S is to make your work area clean and in order to unhide potential problems. In an unclean workplace, it is hard to even notice things like "When did that machine start making that noise?" or "When did that start leaking oil?"
Another purpose and benefit is to reduce the amount of time wasted looking for misplaced tools, and materials, and supplies.
Most Lean initiatives start out with 5S training as one of the earliest initiatives, and there is a flurry of enthusiastic cleaning and organizing. The real test, however, is how well the new ways "stick" over time. The success of your 5s program is often an excellent predictor of the probable success of your greater lean manufacturing initiative.

The 5S's

• Sort: The 5S workplace organization process usually starts out by sorting the useful from the unnecessary. The only things that should remain in a work area are the parts, tools, & instructions needed to do the job.
• Straighten: Everything has a place; everything is in its place. This is also a good time for your team to create a Visual Scoreboard, Jidoka lights, floor paint, kanbans, and other visual controls.
• Sweep: Do an initial spring cleaning. Maybe painting, scouring, sweeping, washing, rinsing, scrubbing, and whatever else is needed to make your work place shine.
• Standardize: n the Standardize phase of Lean 5 S, routine cleaning becomes a way of life. Preventative maintenance is routinely performed, perhaps with planning and scheduling and some responsibilities done by your central maintenance department, and as much routine maintenance as possible performed by the people that know that work center better than anyone else.
• Sustain: Sustain is when five S becomes a routine way of life. Root causes are routinely identified and dealt with. The Systems2win 5 S forms and the Standard Work Audit are very familiar to everyone - both supervisors and the workers that have come to appreciate the benefits of Five S and Lean methods.

How to get started"
The essential thing is to have the workers evaluate every tool and machine, every pile of materials and supplies, every piece of instructional paper... to decide what is actually used, and how often.

• This can be done by marking any suspect items with a red tag, and then moving it out of the area into a temporary holding area (just in case it really is needed)...
  
• It can be accomplished by holding a mock auction - where the workers "bid" to plea their case for why an item should be kept.

The end result is to Sort the useful from the clutter.
Depending on the volume and complexity of the initial clutter - Sort can be its own phase, or you might have time to move right into an initial round of Straighten and Shine.
Be sure to take before and after photos - and distribute your highly visual success story far and wide to begin generating enthusiasm for your Lean program.

S. 2189: Protecting Older Workers Against Discrimination Act

On March 13, 2012, Sen. Thomas “Tom” Harkin [D-IA] introduced Senate bill 2189: Protecting Older Workers Against Discrimination Act. Senator Harkin is the chairman of the Senate Committee on Health, Education, Labor, and Pensions, where the bill has been referred. This bill would modify the Age Discrimination in Employment Act of 1967 (ADEA) by making provision for "mixed motive claims."

ADEA prohibits discrimination in employment against persons who are of the age of 40 or over. The Act prohibits employment decisions (i.e., hiring, classifying, limiting, etc.) based solely on age, except in cases of a bona fide occupational qualification for reasons that are "reasonably necessary" for the job. For example, an employer looking for a model for a teenage clothing line is not in violation of ADEA because (s)he will not hire a 50 year old to play the part.

What happens, however, if age was not the sole factor? What if age was only a minor or even half contributing factor?

Unlike Title VII of the Civil Rights Act (1964), there is no specific language in ADEA that allows for a "mixed motive claim." Because specific language is present in Title VII, an employer is in violation of the statute if the protected status (race, color, national origin, religion, and gender) plays any role in employment policies or actions. As amended by the Pregnancy Discrimination Act of 1978, it would be unlawful, for example, if an employer decided that Sarah was ineligible for a promotion because "her work isn't all that great and she's pregnant and will be going on maternity leave soon, anyway."

The Age Discrimination in Employment Act of 1967 (ADEA) does not contain such language. Additionally, and, notably, ADEA was not addressed in the Civil Rights Act of 1991 (limited to Title VII, the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act of 1973). Supreme Court cases (Kolstad v. American Dental Association, 1991) following the Civil Rights Act ruled that an employee need not prove a discriminatory act under the statute was "egregious or outrageous."

Since neither the Civil Rights Act nor subsequent Supreme Court rulings addressed age discrimination, this omission became the focus of the Supreme Court Decision in Gross v. FBL Financial Services, Inc. (2009). The Court ruled that since Congress did not include ADEA in its Civil Right Act of 1991 its clear intent was to disallow mixed motive claims under ADEA. The courts, according to Gross, could not assume the intent of one statute--in this case, Title VII--to be the intent of other, even similar, statutes.

The intent of the Senator Harkin's "Protect Older Workers Against Discrimination Act" is to close this exception and to add language that would make mixed motive prohibited under ADEA. In other words, "John is absent too much to be considered for CFO and, really, he's 55 and we want someone younger, with fresher ideas, and who will stay around longer" would now be in significant danger of being in violation of ADEA.

In my opinion, this was probably the intent of ADEA to begin with, although it is curious that the language that was present in other discrimination legislation was noticeably absent in the age discrimination statutes. With or without this bill being passed, it is likely best to leave age out of the equation in employment practices to avoid litigation and possible penalties.

Click here for full text of ADEA

Ted Taylor, SPHR, CSP