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Court rules against In-N-Out’s political pin ban #flair

(BUSINESS) Can a company forbid employees from wearing a political button or “flair”? One court calls this into question.

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While consistency, to paraphrase Oscar Wilde, may be the last resort for those lacking in imagination, being consistent in the little things as a business owner, such as the enforcement of employee dress codes, can keep you out of court.

That’s the message that was delivered to In-N-Out Burger earlier this summer, when the federal 5th Circuit Court of Appeals found that while In-N-Out Burger had a well-defined employee dress code, they lacked consistency in enforcement. Operating more than 300 locations throughout the United States, In-N-Out Burger’s dress code specifically states that “[w]earing any type of pin or stickers is not permitted.”

While the prohibition against wearing pins or buttons at any time of the year seems clearly stated, In-N-Out management intentionally contravened their rule by requiring their employees to wear pins during the holiday season to wish customers Merry Christmas, and do so again in April, in order to advertise and solicit donations for the In-N-Out Foundation, a corporately related nonprofit organization that combats child neglect and abuse.

In April 2015, employees of an In-N-Out location based in Austin, Texas attempted to wear buttons that advertised their solidarity with the “Fight for $15” campaign, advocating for a higher minimum wage for those in the food service industry. As the Society of Human Resources Managers (SHRM) noted, the buttons themselves were unobtrusive, approximately a quarter in size, with an image of a raised fist, with a “$15” over the fist.

Once managers on-site saw the buttons, they instructed their employees to remove them, citing the company rule that forbade them. The employees did so, but soon thereafter filed a charge with the National Labor Relations Board (NRLB), alleging that the company’s position prevented the employees from advocating for their conditions of employment. The NRLB investigated, and soon thereafter issued a complaint against In-N-Out, stating that the company’s total prohibition and enforcement were violations of the National Labor Relations Act.

In order to address these areas, In-N-Out was ordered by the NLRB to cease enforcement of a total prohibition against outside buttons that had no exceptions for those which pertained to conditions of work, including such protected activities as discussions of such terms or conditions of employment to include salary or hours, as well as any union or protected activities, by removing it from the employee handbook. Additionally, they were required to ensure that employees were notified by the change in the rule by posting notices at all locations about their rights.

In-N-Out appealed the action to the 5th Circuit Court of Appeals, and maintained the position that they were simply preventing employees from wearing buttons because they wanted to maintain a consistent public image and to ensure employee and customer safety.

These arguments, however, were not compelling for the justices. The 5th Circuit found that by having their employees wear buttons of the company’s messaging, that employees of In-N-Out were not required to be free from pins or buttons or the messaging that they may have. The claim of safety presented by In-N-Out failed when it was revealed that no one from the company had ever examined the pins to see if there was a safety risk from them to the employees or customers alike.

So what’s to be done if you want to maintain a consistent employee image safe from rogue pieces of flair? First and foremost, understand that any prohibition should apply to all employees, cover all messages, and be enforced equally at all times. Because In-N-Out demanded that their employees wear buttons with corporate-approved messaging at designated points throughout the year, they failed to meet this threshold.

By having any exceptions at all, even well-meaning and universal ones, they opened the door to allowances for other messages to be worn.

The NLRB provides employees a generous swath to discuss their conditions of employment or other protected union activity in the workplace through the National Relations Labor Act, and relevant provisions should be reviewed and referenced in advance when creating and enforcing company policy to be referenced in employee handbooks or dress codes.

Roger is a Staff Writer at The American Genius and holds two Master's degrees, one in Education Leadership and another in Leadership Studies. In his spare time away from researching leadership retention and communication styles, he loves to watch baseball, especially the Red Sox!

Business News

Walmart delays the launch of its Amazon Prime competing service

(BUSINESS NEWS) Walmart+ is being delayed once again, but the service has yet to be cancelled. Will it be another flop?

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Walmart+, the supposed Amazon Prime alternative of the century, has been delayed from launching until further notice. This marks the second delay of the year.

Vox reports that the Amazon Prime competitor was initially supposed to launch in the first quarter of 2020, but Walmart pushed the release back to July due to Coronavirus concerns. Now, Walmart+ doesn’t have a definitive launch date–indecision that’s easy to chalk up to both the ongoing pandemic and trepidation regarding profitability in an Amazon-dominated world.

Amazon Prime, a service which runs customers $119 per year, has well over 100 million members in the United States; that works out to at least one member in a little over 80 percent of households here. Between its ubiquitous nature and the fact that Amazon Prime members are more inclined to use Amazon frequently than non-Prime members, it isn’t hard to see why a premium Walmart subscription seems a little redundant.

But Walmart doesn’t see it that way. “Walmart executives have hoped the program would strike a balance of being valuable enough that customers will pay for it, while boasting different enough perks from Amazon Prime so that there aren’t perk-by-perk comparisons,” Vox posits. At $98 per year, Walmart+ would include things like same-day delivery, gas discounts, line-skipping, a dedicated credit card, and potentially even a video streaming service.

While there are some clear parallels between Amazon Prime and Walmart+, one can attribute those to convenience rather than imitation. People seem to enjoy having extra streaming options as a perk of Prime, so for Walmart+ to include something similar wouldn’t exactly be inappropriate.

The largest obstacle to Walmart+’s success in a post-Coronavirus world probably won’t have much to do with brand loyalty, but the fact remains that Amazon’s value is so far above and beyond Walmart’s that people who regularly use Amazon Prime aren’t likely to make the switch–and, as mentioned previously, the sheer number of people who have a Prime membership is high enough to be concerning to Walmart executives.

However, for customers who frequently shop at Walmart or live in relatively rural areas, Walmart+ doesn’t seem like a bad gig. It isn’t Amazon Prime, to be sure–but that’s the point.

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Business News

What COVID-19 measures do workplaces have to take to reopen?

(BUSINESS NEWS) Employers can’t usually do medical screenings – but it’s a little different during a pandemic.

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Employers bringing personnel back to work are faced with the challenge of protecting their workforce from COVID-19. The Center for Disease Control (CDC) and the Equal Employment Opportunity Commission (EEOC) have issued guidelines on how to do so safely and legally.

Employee health and examinations are usually a matter of personal privacy by design through the American’s with Disabilities Act. However, after the World Health Organization declaration of the coronavirus as a pandemic in March, the U.S. EEOC revised its guidance to allow employers to screen for possible infections in order to protect employees.

Employers are now allowed to conduct temperature screenings and check for symptoms of the coronavirus. They can also exclude from the workplace those they suspect of having symptoms. The recommendations from the CDC also include mandatory masks, distant desks, and closing common areas. As the pandemic and US response evolves, it is important for employers to continue to monitor any changes in guidance from these agencies.

Employers are encouraged to have consistent thresholds for symptoms and temperature requirements and communicate those with transparency. Though guidance suggests that COVID-19 screenings at work are allowed by law, employers should be mindful of the way they are conducted and the impact it may have on employer-employee relations.

Stanford Health Care is taking a bold approach by performing COVID-19 testing on each of its 14,000 employees that have any patient contact. They implemented temperature scanning stations at each entrance, operated by nurses and clinicians. The President and CEO of Sanford Health Care said, “For our patients to trust the clinical procedures and trials, it was important for them to know that we were safe.”

Technology is adapting to meet the needs of employers and identify symptoms of COVID-19. Contactless thermometers that can check the temperature of up to 1,500 people per hour using thermal imaging technology are now on the market; they show an error margin of less than one-tenth of a degree Fahrenheit. COVID-19 screening is being integrated into some company time-clocks used by employees at the start and end of each shift. The clocks are being equipped with a way to record employee temperatures and answers to a health questionnaire. Apple and Google even collaborated to bring contact tracing to smart phones which could help contain potential outbreaks.

Fever, coughing, and difficulty breathing are the three most common symptoms of COVID-19. Transmission is still possible from a person who is asymptomatic, but taking the precautions to identify these symptoms can help minimize workplace spread. This guidance may change in the future as the pandemic evolves, but for now, temperature checks are a part of back to work for many.

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Business News

Technology that may help you put the “human” back in Human Resources

(BUSINESS NEWS) Complicated application processes and disorganized on-boarding practices often dissuade the best candidates and cause new hires to leave. Sora promises to help with this.

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Even in a booming economy, finding the right applicant for a role can be a drawn-out, frustrating experience for both the candidate and the hiring manager. Candidates submitting their resume to an automated HR system, designed to “seamlessly” integrate candidates into their HRIS accounts, face the interminable waiting game for feedback on whether they’re going to be contacted at all.

Ironically, this lack of feedback on where a candidate stands (or even if the resume was received at all) and a propensity for organizations to list roles as “Open Until Filled”, overwhelms the hiring manager under a mountain of resumes, most of which will not be reviewed unless there is a keyword match for the role. And if they do somehow manage to see the resume, studies indicate that in less than 10 seconds, they’ll have moved on to the next one.

The problems don’t end there, however. Once the candidate and hiring manager have found one another, and the HR team has completed the hire, the dreaded phase of onboarding begins. During the first few days of a new job, a lack of effective onboarding procedures—ranging from simple tasks like arranging for technology or introductions to a workplace mentor—can be the cause of a significant amount of employee turnover. Forbes notes that 17% of all newly hired employees leave their job during the first 90 days, and 20% of all staff turnover happens within the first 45 days.

The reason, according to Laura Del Beccaro, Founder of startup Sora, is that overworked HR teams simply don’t have the bandwidth to follow up with all of those who are supposed to interact with the new employee to ensure a seamless transition experience. Focusing on building a template-based system that can be integrated within the frameworks of multiple HRIS systems, Sora’s focus is to set up adaptable workflow processes that don’t require the end-user to code, and can be adjusted to meet the needs of one or many employee roles.

In a workplace that is becoming increasingly virtual, out of practicality or necessity, having the ability to put the “human” back in Human Resources is a focus that can’t be ignored. From the perspective of establishing and expanding your team, it’s important to ensure that potential employees have an application experience that respects their time and talent and feedback is provided along the way, even when they might not be a fit for the role.

Take for example the organization who asked for an upload of a resume, then required the candidate to re-type everything into their HRIS, asked for three survey responses, an open-ended writing task, a virtual face-to-face interview, *and* three letters of reference—all for an entry-level role. If you were actually selected for an in-person interview, the candidate was then presented with another task that could take up to two hours of prep time to do—again, all for an entry level role.

Is that wrong? Is it right? The importance of selecting the right staff for your team can’t be overstated. But there should be a line between taking necessary precautions to ensure the best fit for your role and understanding that many of the best candidates you might find simply don’t want to participate in such a grueling process and just decide to move on. There’s a caveat that says that companies will never treat an employee better than in the interview process and in the first few weeks on the job—and that’s where Sora’s work comes in, to make certain that an employee is fully supported from day one.

Bringing on the best to leave them without necessary support and equipment, wondering at the dysfunction that they find, and shuffled from department to department once they get there creates the reality and the perception that they just don’t matter—which causes that churn and disconnect. Having your employees know that they matter and that they’ll be respected from day one is a basic right—or it should be.

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