HAMA ConferenceApril 10 2008

Human ResourcesIssues in Lodging Industry2008

Discussion points

Talent Availability

Total Rewards Compensation amp Benefits

Organized Labor

Employment Law Trends

HR Technology

Talent Availability The number of workers in the 55-and-older

group is projected to grow by 49 between2004 and 2014 ndash resort communities need this group to fill job requirements

By 2010 10 million US jobs will go unfilledaccording to the Bureau of Labor Statistics

Over the next decade only 30 of 20-year-oldswill obtain a college degree while two-thirds ofnew jobs will require one

Competition for graduating hospitality talent ismore competitive with candidates gettingmultiple offers prior to graduation

Availability in resort communities is even more difficult

Talent - In business news Winning the Talent Wars

Business Week Feb 2007ldquoThe fight to hire and retain top talent is among the chiefconcerns of businesses todayrdquo

The Battle for Brain PowerThe Economist Oct 2006ldquoCompetition for talent is a major driver for corporate successTalent has become the most sought-after commodityrdquo

Building Talent PipelinesThe Corporate Executive Board 2006ldquoAs CEOs cite recruiting challenges as the central cause oforganizational underperformance investment analysts

continueto press executive teams on recruiting effectivenessrdquo

CEO Challenge 2007The Conference Board 2007ldquoThe most notable difference is the international rise of findingqualified managerial talent from 11th place to fourth placeClearly CEOs from around the world are paying more

attentionto this challenge

Do you understand the generations that you employ

Ages Years

Traditionalists 61 Years + Born before 1946

Baby Boomers 43 ndash 61 Years Born between 1946 and 1964

Generation X 27 ndash 42 Years Born between 1964 - 1980

Generation Y 7 ndash 27 Years Born between 1980 - 2000

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Discussion points

Talent Availability

Total Rewards Compensation amp Benefits

Organized Labor

Employment Law Trends

HR Technology

Talent Availability The number of workers in the 55-and-older

group is projected to grow by 49 between2004 and 2014 ndash resort communities need this group to fill job requirements

By 2010 10 million US jobs will go unfilledaccording to the Bureau of Labor Statistics

Over the next decade only 30 of 20-year-oldswill obtain a college degree while two-thirds ofnew jobs will require one

Competition for graduating hospitality talent ismore competitive with candidates gettingmultiple offers prior to graduation

Availability in resort communities is even more difficult

Talent - In business news Winning the Talent Wars

Business Week Feb 2007ldquoThe fight to hire and retain top talent is among the chiefconcerns of businesses todayrdquo

The Battle for Brain PowerThe Economist Oct 2006ldquoCompetition for talent is a major driver for corporate successTalent has become the most sought-after commodityrdquo

Building Talent PipelinesThe Corporate Executive Board 2006ldquoAs CEOs cite recruiting challenges as the central cause oforganizational underperformance investment analysts

continueto press executive teams on recruiting effectivenessrdquo

CEO Challenge 2007The Conference Board 2007ldquoThe most notable difference is the international rise of findingqualified managerial talent from 11th place to fourth placeClearly CEOs from around the world are paying more

attentionto this challenge

Do you understand the generations that you employ

Ages Years

Traditionalists 61 Years + Born before 1946

Baby Boomers 43 ndash 61 Years Born between 1946 and 1964

Generation X 27 ndash 42 Years Born between 1964 - 1980

Generation Y 7 ndash 27 Years Born between 1980 - 2000

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Talent Availability The number of workers in the 55-and-older

group is projected to grow by 49 between2004 and 2014 ndash resort communities need this group to fill job requirements

By 2010 10 million US jobs will go unfilledaccording to the Bureau of Labor Statistics

Over the next decade only 30 of 20-year-oldswill obtain a college degree while two-thirds ofnew jobs will require one

Competition for graduating hospitality talent ismore competitive with candidates gettingmultiple offers prior to graduation

Availability in resort communities is even more difficult

Talent - In business news Winning the Talent Wars

Business Week Feb 2007ldquoThe fight to hire and retain top talent is among the chiefconcerns of businesses todayrdquo

The Battle for Brain PowerThe Economist Oct 2006ldquoCompetition for talent is a major driver for corporate successTalent has become the most sought-after commodityrdquo

Building Talent PipelinesThe Corporate Executive Board 2006ldquoAs CEOs cite recruiting challenges as the central cause oforganizational underperformance investment analysts

continueto press executive teams on recruiting effectivenessrdquo

CEO Challenge 2007The Conference Board 2007ldquoThe most notable difference is the international rise of findingqualified managerial talent from 11th place to fourth placeClearly CEOs from around the world are paying more

attentionto this challenge

Do you understand the generations that you employ

Ages Years

Traditionalists 61 Years + Born before 1946

Baby Boomers 43 ndash 61 Years Born between 1946 and 1964

Generation X 27 ndash 42 Years Born between 1964 - 1980

Generation Y 7 ndash 27 Years Born between 1980 - 2000

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Talent - In business news Winning the Talent Wars

Business Week Feb 2007ldquoThe fight to hire and retain top talent is among the chiefconcerns of businesses todayrdquo

The Battle for Brain PowerThe Economist Oct 2006ldquoCompetition for talent is a major driver for corporate successTalent has become the most sought-after commodityrdquo

Building Talent PipelinesThe Corporate Executive Board 2006ldquoAs CEOs cite recruiting challenges as the central cause oforganizational underperformance investment analysts

continueto press executive teams on recruiting effectivenessrdquo

CEO Challenge 2007The Conference Board 2007ldquoThe most notable difference is the international rise of findingqualified managerial talent from 11th place to fourth placeClearly CEOs from around the world are paying more

attentionto this challenge

Do you understand the generations that you employ

Ages Years

Traditionalists 61 Years + Born before 1946

Baby Boomers 43 ndash 61 Years Born between 1946 and 1964

Generation X 27 ndash 42 Years Born between 1964 - 1980

Generation Y 7 ndash 27 Years Born between 1980 - 2000

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Do you understand the generations that you employ

Ages Years

Traditionalists 61 Years + Born before 1946

Baby Boomers 43 ndash 61 Years Born between 1946 and 1964

Generation X 27 ndash 42 Years Born between 1964 - 1980

Generation Y 7 ndash 27 Years Born between 1980 - 2000

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Talent Management Talent is the largest single recurring

expense in an operation Recruiting rewarding motivating and

developing that talent takes expertise and on-going focus

Systems and processes need to be implemented to ensure talent acquisition and retention

Review of current trends and benchmarking competition

Creation of long term goals and short term incentives

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Total Rewards Strategy The Total Rewards Strategy is a formal statement

of what the employer will provide to theemployee and conversely what the employee isexpected to provide to the employer in exchange

It provides a basis from which an organizationcan design administer and communicate rewardsprograms to maximize motivational impact

When effective it results in employees who aresatisfied engaged and productive

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Total Rewards and Compensation Every organization has a Total Rewards

Strategy whether intentional or by default Several models exist but they all contain some

reference to1048708 Pay1048708 Benefits1048708 Work-Life1048708 Recognition1048708 Affiliation1048708 Career amp Development

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Total Rewards Compensation amp Benefits

Organizations need to leverage and assess their competitive total compensation

Implement on-line benefits management including enrollment and administration functionality

Conduct benefit cost analysis in support of newchanging business needs

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

What makes a good incentive plan

Addresses business objectives Has measurable performance criteria Provides clear line of sight to participants Rewards more for better performance Is understood by the participants Has a ldquosunsetrdquo so plan changes with needs

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Incentive Pay ndash Pay for Performance Cash compensation Short term (one year or less) Pay at risk Based on OrganizationCompany GroupTeam or Individual performance Has to be re-earned

Management Incentives GratuitiesPools Individual Incentives Commissions TipsPools Profit Sharing

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Compensation Strategy

What is the role of pay How is the labor market(s) defined Where will the organization position employee

pay against its competition for labor How much risk or leverage will be part of pay What will be communicated about pay What are the roles for governance and who is

responsible

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Organized Labor Card Check Neutrality on the rise Positive Employee Relations Training (for your

management teams) Itrsquos not just the Hotel amp Restaurant Union Wages Benefits Remaining union-free requires constant re-

assessment of the Total Rewards strategy (at least annually)

www Unionfactscom

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Employee Free Choice Act

Not law ndash yet

To amend the National Labor Relations Act to establish an efficient system to enable employees to form join or assist labor organizations to provide for mandatory injunctions for unfair labor practices during organizing efforts and for other purposes

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

What is EFCA Certification on the basis of majority sign-up

Would provide for certification of a union as the bargaining representative of a unit of employees if the National Labor Relations Board (NLRB) finds that a majority of those employees have signed authorization cards designating the union as its bargaining representative In addition it would require the board to develop authorization language and procedures for establishing the validity of signed authorizationsAt the time the bill was introduced a group of workers hoping to unionize were required to sign authorization cards indicating that fact Once 30 of potential members signed the cards the National Labor Relations Board (NLRB) would then schedule a supervised election in which members would vote on whether or not to unionize Even in cases where large majorities of potential members expressed a desire to unionize the election process could still be orderedA company had the legal ability to allow its workers to have union representation (without going through the NLRB) if a majority of potential members supported unionization The Employee Free Choice Act would make this recognition mandatory taking away a companys ability to force a majority of potential members to go through the NLRB election process

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

EFCA continued First-contract mediation and arbitration Would declare that if an

employer and a union are engaged in bargaining for their first contract and are unable to reach an agreement within 90 days either party may refer the dispute to the Federal Mediation and Conciliation Service (FMCS) for mediation If the FMCS was then unable to bring the parties to agreement after 30 days of mediation the dispute would be referred to arbitration and the results of the arbitration would be binding on the parties for two years These time limits could be extended however if both parties agreed to do so

Stronger penalties for violations while employees are attempting to form a union or attain a first contract Violations of the National Labor Relations Act would now face the following punishments

Civil fines of up to $20000 per violation against employers found to have willfully or repeatedly violated employeesrsquo rights during an organizing campaign or first-contract drive

An increase in the amount an employer is required to pay when an employee is discharged or discriminated against during an organizing campaign or first-contract drive to ldquothree times back pay

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Employment Law Trends and Compliance On-going education and communication is a

necessity as laws are ever changing

Create systems and processes for reviewing local based HR practices

Provide guidance and support for employee relations issues at a variety of levels to manage escalation of grievancescomplaints

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

ImmigrationForeign Workers

Many US based employers forced to look overseas US teens less apt to take summer jobs and college

students moving towards career-building internships US unemployment relatively low so seasonal workers

tough to find Temporary work visa vs green card H-1B visa used for professionals

Where degrees are required No requirement to prove lack of US employee availability

TN ldquoTreaty NAFTArdquo Professional Canadian or Mexican Must prove job offer and eductionalexperience

requirements L-1 Intracompany Transfers

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

H-2B VISA Program H-2B VISA program established in 1990

Capped at 66000 per year ndash some relief later For seasonalpeak load needs Inability to fill with US based personnel Law expired in September 2007

H-2B VISA demand is increasing Caps are being reached earlier each year In Fiscal 2008 all 66000 granted during first 3 months

H-2B workers are certified as non-immigrants go home after 4 or 5 months

Limited burden impacts (healthcare eg) Four govrsquot agencies must approvecertify

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

H-2B VISA Program H-2B workers generally MORE expensive

than US (application transportation housing) to be competitive

Legislative status ndash House and Senate moves to make cap exempt permanent or extend are currently blocked at urging of Hispanic Caucus

Program is under assault to due ldquoabusersrdquo

Legislation introduced would make program unusable for most employers

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

HR Technology

Technology to assist with compliance data

Recruiting technology ndash key to recruiting Gen X and Y (On-Line applications Marketing - MySpace Facebook LinkedIN and SecondLife eg)

Employee Portals ndash allowing them to manage their own information and data

Questions for the panel

Questions for the panel