Publications

Spring 2006 – Controlling Risk Through HR Audits

Author: admin | Published: March 17, 2006

Spring 2006:

Thoughts from the Editor

Spring 2006 • David D. Schein, MBA, JD, Ph.D. Editor; Patty Elsner, Assistant Editor • Vol. 14 No. 1


Employment Notes


Thoughts from the Editor:

We continue to receive great feedback on our newsletter and I want to thank all of our readers who take the time to let us know about it. As we enter our 14th year of newsletters, we are going to strive to produce even better and more relevant newsletters. You can help by letting us know how we are doing and what topics you would like covered. Continue reading »

Winter 2005 – Bird Flu, Major Hurricanes, and What Next?

Author: admin | Published: November 20, 2005

Thoughts from the Editor

Bird Flu, Major Hurricanes, and What Next?

 

Winter 2005 • David D. Schein, MBA, JD, Ph.D. Editor; Patty Elsner, Assistant Editor • Vol. 13 No. 2

Thoughts from the Editor:

This newsletter is being released at the end of 2005. Many of our business colleagues send us cards and gifts at this time of the year. Over the years, we have sent out cards and gifts, but found that for the same cost, we could generate another edition of this newsletter and many clients reported they would rather have the newsletter.

Our Fall 2001 newsletter followed the 911 terrorist attacks. Our headline article was “Challenge For Employers: Developing Disaster Plans & Appropriate Response To Employees In Need.” Our practice has been to not repeat past newsletters, although the information in that newsletter is just as current today. Continue reading »

Summer 2005 – Improving Productivity Through Training / USERRA Notice Required

Author: admin | Published: July 20, 2005

Improving Productivity Through Training

USERRA Notice Required

Thoughts from the Editor

 

Summer 2005 • David D. Schein, Editor; Patty Elsner, Assistant Editor • Vol. 13 No. 1

Improving Productivity Through Training

 

Introduction

Virtually every organization utilizes training of some kind. A survey of businesses with at least 100 employees conducted in 2000 revealed that the most common training was computer applications, 99%, and new employee orientation, 92%. Other training that was above 75%: training in customer service, leadership, sexual harassment, new equipment operation, performance appraisal, team building, safety and problem solving (Training Magazine, October 2000). The same article noted that businesses with more than 100 employees spent $54 billion on training that year, not including many indirect costs related to training, like employee salaries while attending training. Obviously, this represents a major investment by business. Continue reading »

Winter 2004 – Employee Savings Plans

Author: admin | Published: December 20, 2004

Employee Savings Plans

Thoughts from the Editor

 

Winter 2004 • David D. Schein, Senior Editor; Robert Frater, Editor; Patty Elsner, Assistant Editor • Vol. 12 No. 1

Employee Savings Plans

Introduction

Employee retirement and savings plans have become an accepted part of life for medium to large organizations, public and private. Today, due to the availability of plans administered by third parties, many smaller organizations are also providing such plans to their employees. The medium to large organizations have such plans because they are expected to have them. It would be difficult to compete for employees without affording employees the opportunity to participate in both traditional retirement plans and savings plans. Smaller organizations usually offer a Continue reading »

Summer 2004 – The FairPay Rules

Author: admin | Published: July 20, 2004

The FairPay Rules

Thoughts from the Editor

 

Summer 2004  David D. Schein, Senior Editor; Patty Elsner, Assistant Editor  Vol. 12 No. 2

The FairPay Rules

Introduction

There have been reports recently regarding million dollar plus settlements with the Wage-Hour Division of the US Department of Labor. Our own clients have experienced increased audits and assessments as a result of those audits. Fortunately, our clients have not had to pay amounts in seven figures, but in proportion to their payrolls, they have sustained significant losses. Their problems with the Wage-Hour Division were not due to a desire to deprive employees of their proper wages, but due to Continue reading »

Summer 2003 – Controlling Medical Insurance Costs

Author: admin | Published: August 20, 2003

Controlling Medical Insurance Costs

Thoughts from the Editor

 

Summer 2003 • David D. Schein, Senior Editor; Thomas P. Timmins, Contributing Editor; Patty Elsner, Assistant Editor • Vol. 11 No. 2

Controlling Medical Insurance Costs

Introduction

Medical insurance has become an expected employee benefit in the US. Other than vacation and holiday pay, no other benefit is as universal in nature. The US Government assists this process by not taxing medical insurance when provided as an employee benefit. Groups of employees not covered by traditional medical insurance include fast food and other low wage employees, temporary employees, and employees who decline coverage to avoid paying for part of the premium. Continue reading »

Spring 2003 – “Right-Sizing” Your Workforce: Understanding Your Staffing Needs

Author: admin | Published: March 20, 2003

“Right-Sizing” Your Workforce: Understanding Your Staffing Needs

Thoughts from the Editor

 

Spring 2003   David D. Schein, Senior Editor; Robert Frater, Editor; Patty Elsner, Assistant Editor   Vol. 11 No. 1

“Right-Sizing” Your Workforce

Understanding Your Staffing Needs

It is important to understand the core competencies of your organization. One reason that there have been so many reductions in force (“RIFs”) over the last few years has been the increased focus on core competencies. Many organizations have faced the realization that they should focus on what they do well. It is relatively easy to contract out functions today, from web site hosting service to long distance telephone service. Common examples of staffing outsourcing include Continue reading »

Fall 2001 – Developing Disaster Plans & Appropriate Response to Employees in Need

Author: admin | Published: October 20, 2001

Challenge for Employers: Developing Disaster Plans & Appropriate Response to Employees in Need

Employer Response to Military Service

 

Fall 2001 • David D. Schein, Senior Editor • Vol. 10 No. 2

CHALLENGE FOR EMPLOYERS:
DEVELOPING DISASTER PLANS & APPROPRIATE RESPONSE TO EMPLOYEES IN NEED

Develop a Plan

Any organization beyond a “mom and pop” run from a home office should have a credible plan to deal with natural and man-made disasters. This newsletter does not suggest that anyone could have anticipated the level of destruction of September 11, 2001 . Even regarding the Houston floods in June, 2001, the level of flooding far exceeded what had occurred within recent history. A tornado of the power that struck the Washington area recently had never been recorded before in that area. However, the concept of a disaster plan Continue reading »

Summer 2001 – Arbitration Agreements Survive Major Court Challenge

Author: admin | Published: July 20, 2001

Arbitration Agreements Survive Major Court Challenge

Thoughts from the Editor

New Services Added by Claremont Management

 

Summer 2001 • David D. Schein, Senior Editor • Vol. 10 No. 1

ARBITRATION AGREEMENTS SURVIVE MAJOR COURT CHALLENGE

Background

In two previous issues of this newsletter, we have predicted that the majority of employers will soon adopt employment agreements with mandatory alternative dispute resolution (“ADR”) provisions.  The United States Supreme Court did not disappoint your editor when it ruled in Circuit City Stores, Inc. v. Adams on March 21, 2001 in favor of a mandatory arbitration agreement. Continue reading »

Fall 2000 – Finding Your Next Employee / Reader Survey

Author: admin | Published: October 20, 2000

Finding Your Next Employee

Reader Survey

 

Fall 2000 • David D. Schein, Senior Editor • Vol. 9 No. 3

FINDING YOUR NEXT EMPLOYEE

The First in a Series of Articles on Human Resource Basics


For employers, the last decade has brought a drought of good employment candidates in many markets. The most popular human resource related seminar topic right now is “Attracting and Retaining New Employees.” This article will not replace such a seminar, but may lay the groundwork for a review of your own organization’s hiring practices.

First, analyze your overall employment needs. Even in a period of expansion, not all departments and business areas will grow. Continue reading »

Summer 2000 – Employers in the Toilet? Maybe Not!

Author: admin | Published: July 20, 2000

Employers in the Toilet?  Maybe Not!

Employers Move to Block Unauthorized DOL Action

Ability to Have Sex Protected Under the ADA

 

Summer 2000 • David D. Schein, Senior Editor • Vol. 9 No. 2

The Supreme Court Speaks

Employers in the Toilet?  Maybe Not!

The widely reported case of Reeves v. Sanderson Plumbing Products, Inc. was decided by the United States Supreme Court on June 12, 2000. Due to the alleged impact this case has on the employment community, it is appropriate for your editor to contribute his analysis.

To start our analysis, we must remind our readers of the famous law school clich: “Hard Facts Make Bad Law.” This means that judges and juries are human beings and tend to try to be kind in many cases. It would be awfully difficult for a jury to sustain the termination of Roger Reeves, our toilet seat hero, regardless of the employer’s case. Mr. Reeves, age 57, worked for Continue reading »

Fall 1999 – Employers Beware: Severance Agreements May Not be Binding

Author: admin | Published: October 20, 1999

Employers Beware: Severance Agreements May Not be Binding

 

Fall 1999 • David D. Schein, Senior Editor • Vol. 8 No. 3

EMPLOYERS BEWARE: SEVERANCE AGREEMENTS MAY NOT BE BINDING!

In 1990, Congress enacted the Older Workers Benefit Protection Act (OWBPA). This law was passed because there was a perception in Congress that due to “corporate downsizing” and numerous corporate mergers, older employees were being pressured into agreeing to waive their rights in exchange for severance agreements. While these agreements might be advantageous to the employees, the fear was that the workers were not being given the time or opportunity to review the agreements and consult an attorney. Continue reading »

Spring 1999 – Preparing for the Next Millennium, Part 3: Fear Haunts Employers

Author: admin | Published: May 20, 1999

Preparing for the Next Millennium, Part 3: Fear Haunts Employers

 

Spring 1999 • David D. Schein, Senior Editor • Vol. 8 No. 1

FEAR HAUNTS EMPLOYERS

(THIRD IN A SERIES LEADING UP TO THE YEAR 2000)

Since 1990, employers have experienced the enactment of the Americans with Disabilities Act, the Civil Rights Act of 1991 and the Family and Medical Leave Act at the Federal level. Numerous state laws have also been enacted since the start of the decade. In addition, court decisions, even from supposedly “conservative” courts, have placed additional burdens on employers. Continue reading »

Winter 1998 – Good Hiring Practices is the First Step to Great Human Resources

Author: admin | Published: December 20, 1998

Preparing for the Next Millennium, Part 2: Good Hiring Practices is the First Step to Great Human Resources

Dave Speaks

 

Winter 1998 • David D. Schein, Senior Editor • Vol. 7 No. 4

PREPARING FOR THE NEXT MILLENNIUM: GOOD HIRING PRACTICES IS THE FIRST STEP TO GREAT HUMAN RESOURCES

( SECOND IN A SERIES LEADING UP TO THE YEAR 2000)

Do you need to fill a job? To avoid charges of “empire building” and reduce exposure to employment-related claims, managers should consider alternatives to new hires.

Options include:

  • Reassignment of existing employees.
  • Use of contract labor.
  • Contract the function out.
  • Stop performing the work since it is not profitable. Continue reading »

Fall 1998 – President’s Corner

Author: admin | Published: October 20, 1998

President’s Corner

The US Supreme Court Rules on Sexual Harassment Decisions Could Result in More Plaintiff Judgments

 

Fall 1998 • David D. Schein, Senior Editor • Vol. 7 No. 3

 

PRESIDENT’S CORNER


David D. Schein

President, Claremont Management Group, Inc.
This month features a discussion about the current status of sexual harassment in the workplace. We are not referring to the Paula Jones case, however. The rulings that are explained were released just as we were finishing the last newsletter. Our editorial opinion was that it was better to wait and analyze the decisions, rather than rush this article ahead of our article on mandatory alternative dispute resolution agreements. Continue reading »

Summer 1998 – Preparing for the Next Millennium, Part 1: Mandatory ADR Agreements

Author: admin | Published: July 20, 1998

Preparing for the Next Millennium, Part 1: Mandatory ADR Agreements

Substance Abuse in the Workplace Update

 

Summer 1998 • David D. Schein, Senior Editor • Vol. 7 No. 2

PREPARING FOR THE NEXT MILLENNIUM : Mandatory Alternative Dispute Resolution Agreements (Part 1 of 2)
In previous issues of this newsletter, we have predicted that the use of employment agreements that incorporate mandatory alternative dispute resolution (“ADR”) will soon be standard practice. This prediction was based primarily on the 1991 U.S. Supreme Court decision, Gilmer v. Interstate/Johnson Lane Corporation. That decision was based on the concept that an agreement that included mandatory arbitration could force the arbitration of Age Discrimination in Employment Act (“ADEA”) claims. Continue reading »

Spring 1998 – Employment Lawsuits Threaten to Overwhelm American Businesses

Author: admin | Published: April 20, 1998

Spring 1998 • David D. Schein, Senior Editor • Julie A. Clark, Editor • Vol. 7 No. 1

EMPLOYMENT LAWSUITS THREATEN TO OVERWHELM AMERICAN BUSINESSES

This is the message from the cover story of the February issue of Nation’s Business. Several of our readers were kind enough to alert us to this story. The lead case in the article is from California. This brings us to our first point: Each state has different laws regarding employment. While the federal rules receive the most publicity, and are consistent across the country, lawsuit exposure varies significantly from state to state because of state law claims. These claims may duplicate federal rules, or they may add additional causes of action. Most experts regard California as a high exposure jurisdiction. Continue reading »

Winter 1997 – Will the New Year Bring Your Business a Union?

Author: admin | Published: December 20, 1997

Winter 1997 • David D. Schein, Senior Editor • Julie A. Clark, Editor • Vol. 6 No. 4

WILL THE NEW YEAR BRING YOUR BUSINESS A UNION?

Recent organizing attempts at two businesses serve as a reminder that businesses need to anticipate possible unionization attempts. Both businesses thought they were in good shape. One is in an industry that is Continue reading »

Fall 1997 – The Age of the “Attack Employee”

Author: admin | Published: September 20, 1997

The Age of the “Attack Employee”

New Minimum Wage

Updating Employment Materials and Training

 

Fall 1997 • David D. Schein, Senior Editor • Julie A. Clark, Editor • Vol. 6 No. 3

THE AGE OF THE “ATTACK EMPLOYEE”

As a general rule, when the economy is hot, employment related administrative claims tend to diminish. The current economic upturn has been a notable exception. The number of terminated employees seeking redress through various agencies and through attorneys is at a fever pitch Continue reading »

Summer 1997 – Independent Contractors

Author: admin | Published: June 20, 1997

Summer 1997 • David D. Schein, Editor • Vol. 6 No. 2

Welcome to our new newsletter. Like most things in life, this will continue to be an evolving format. We continue to be open to your suggestions for topics as we strive to provide helpful employment related information on a quarterly basis. This is the third major format change in the six years of production. We borrow a topic which was one of our most requested over the past few years for our subject this issue. Continue reading »

Spring 1997 – Smile…

Author: admin | Published: March 20, 1997

Spring 1997 • David D. Schein, Editor • Vol. 6 No. 1

Smile…

Many readers remember the television show with the famous line: “Smile, you’re on Candid Camera.” Unfortunately, many members of management have forgotten the concept that at any time they could be the subject of an audio or video tape recording. In many states, it is legal to tape a conversation as long as one party consents. In most cases, the disgruntled employee or applicant will be the one taping and, of course, consenting. Continue reading »

Winter 1996 – Intentional Infliction of Emotional Distress

Author: admin | Published: November 20, 1996

Intentional Infliction of Emotional Distress

The Value of Training Eludes Some Employers

 

Winter 1996 • David D. Schein, Editor • Vol. 5 No. 4

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

The subject of intentional infliction of emotional distress (“IIED”) sounds like something from divorce court. However, most employers who have been sued by a former employee know that this is a very common claim by a terminated employee. In fact, it is included in almost every employment related lawsuit. The fact that it is included in so many cases does not mean that it is a valid claim. Continue reading »

Summer 1996 – “Concerted Action” by Non-Union Employees / Substance Abuse Testing Questions

Author: admin | Published: July 20, 1996

“Concerted Action” by Non-Union Employees

Substance Abuse Testing Questions

Training Saves Money

 

Summer 1996 • David D. Schein, Editor • Vol. 5 No. 2

“Concerted Action” by Non-Union Employees

A recent client problem highlighted an issue that has not been previously covered in this newsletter. From our base in Houston, Texas, we see very little union activity, except the refineries and chemical plants along the Houston Ship Channel. Employers in other parts of the United States are not so lucky.

The client, based in Houston, landed a major contract in an Eastern state which is heavily unionized. While supervisors would come from Houston Continue reading »

Spring 1996 – Employers’ Obligation to Pay Overtime for On-Call Employees

Author: admin | Published: April 20, 1996

Spring 1996 • David D. Schein, Editor • Vol. 5 No. 1

Employers’ Obligation to Pay Overtime for On-Call Employees

More high technology equipment, more competition based on service, more 24 hour operations, and extensive distribution of pagers and cellular phones add up to a special problem for employers. Certain employees need to be available during off hours and weekends. Circumstances include air conditioning service personnel during the hot summer months in Houston, to name but one example. Most employers cannot afford to pay an employee to stay at home waiting by the phone. Continue reading »