Bust a Move!!! Those Magic Mike Dancers are Causing Quite a Stir in Court!! Are They Exempt or Not?

Anyone seen Magic Mike… or more recently Magic Mike XL? Maybe it’s just the woman in me, but I would say those moves are pretty creative! Apparently, District Judge Thomas W. Thrash Jr., doesn’t share my same enthusiasm for the arts. Haha!  So…is Magic Mike exempt…or not?

[tweetthis]Magic Mike: Exempt or Not? Depends on your definition of Creative Professional…[/tweetthis]

Currently under the Fair Labor Standards Act, a class of employees known as Creative Professionals are exempt from overtime and other protections.  The official description of a Creative Professional:

To qualify as a “creative professional,” an employee must be (i) compensated on a salary basis or fee basis at a rate of not less than $455 per week; and (ii) his or her primary duty must be the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

Hard to believe, but there has been more than one ruling on classifying exotic dancers as creative professionals! So let’s break these cases down.  The most recent ruling, referred to above, Henderson v. 1400 Northside Drive, Inc.
began when a group of male exotic dancers sued the owners of the nightclub in which they performed because they believed they were entitled to minimum wage and incorrectly classified as Independent Contractors. The club owners disagreed and argued that they were Creative Professionals.

During the case, the GM of the nightclub testified that “most of the dancers do not ‘know how to actually dance,’ and that ‘knowing how to dance is not necessary to perform the job.[18] He even went so far as to claim that many of these dancers were hired simply for their looks…. I could be wrong, but by that description, the GM doesn’t seem to show much appreciation for their invention, imagination, originality or (ahem) talents!

Another deciding factor in the case? The legal precedent from yet another case surrounding the same issue. In a virtually identical case in 1993, Harrell v. Diamond A Entertainment, Inc, the defendant again did present standards or criteria for the dancer’s “try out” or performance and the plaintiff didn’t have any prior dance experience.

So there you have it folks! Exotic Dancers…. Male or Female…. Should not be classified as Creative Professionals. I hand it to the business owners for their “creativity” with their interpretation of the exemption, but as expected, this
creativity didn’t hold up in court.

How to Equip Yourself to “Employer-Parent” Talented Millennials

You know who they are. The one with his ear buds permanently attached to his ears, or the girl with twelve pieces of jewelry on her right ear alone who refuses to wear what you consider to be “business casual” attire.  Or maybe it’s the nerdy guy with glasses and messy hair whose face you’ve never really seen because he’s always in front of his computer or cell phone; never separated from his tools of technology for even a moment while at work. Oh, and they are always late or right on time. Whatever happened to being on time and prepared? Sitting at your desk at 7:45 a.m. ready to start the 8:00 a.m. day? Does it seem they require attention or tasks at all times, always in motion — on the go, ready for the next thing?

Even if you are a small business owner, among your dozen or so employees, the chances are good that you have at least one Millennial employee. How can you best equip yourself to “employer parent” this individual so that he or she is an undeniable asset to the team, rather than a distraction or irritant to your more seasoned employees?  A starting point is to understand Millennials better. Millennials are loosely defined as ages 18 to 34, with age 23 being the largest demographic within this segment of this population.  Be forewarned that the “catch-all” label of Millennials is not a concept its members strongly identify with.  Yet, credible studies of this age group do reveal the common social, economic, and technological factors that have shaped their lives and forged their values.  Due to the sheer numbers of Millennials and their expected longevity in the workforce, it is essential that employers understand the largest and most diverse segment of our population taking their place in the business world.

[tweetthis]Millennials: Equip yourself to “employer-parent” this talented group.[/tweetthis]

A high percentage are children of immigrants. As a group they are economically stressed, many more of this generation compared to previous ones live with their parents. They have decreasing opportunities at home ownership. They are very educated, but collectively have amassed a trillion dollar student loan debt. They still value education – more so than their European counterparts who have been demoralized by poor economic conditions.  Millennials are masters of technology and social media, value family and work-life balance.  While plenty of employers complain about lack of loyalty and short tenure of Millennials, their feedback often indicates a willingness to stay longer in their jobs given more purposeful work.

One of the most interesting pieces to the Millennial puzzle is the mistaken notion that they hate to be managed. They actually require it. This is due in large part to the way they were parented at home – millennials are essentially spoiled. And it’s ok for me to say this, because I myself am one of those temperamental, reactive, seemingly impossible to manage millennials. We are a generation that was over-parented. We didn’t play outside without supervision, we were raised by the more affluent boomers (who were parented much differently by their Depression-era moms and dads) and were often rescued by our parents when faced with trials or obstacles. Essentially, we are a generation of coddled guys and gals, told that our opinions matter and we are free to express ourselves within boundaries that are much wider and broader than the ones our own parents faced.

Now that you regret hiring millennials even more than you did before reading this, let me tell you the good news! There’s hope! Millennials may require a little bit of parenting at work, but once they are managed and coached correctly, the sky is the limit because along with our spoiling came a sense of pride in our own success, a drive to achieve and a knack for technology. We crave direction, but at the same time, would like a little freedom to make decisions for ourselves. It’s a tricky combo, but one that could lead to great organizational success for small business owners who master the managing of millennials.

Christine Hassler, renowned speaker on the topic of generational differences in the workplace specifically focusing on the millennials, argues that millennials do in fact want to be managed. She writes, “I think it is imperative for managers to be ‘coaches’ to their employees, especially the millennials, as that is what the Millennials expect.” They require validation, crave feedback from their supervisors, and are confused by the world of work in general. Statistics show that the majority of teens during the ’70s and ’80s worked during summer vacation, while only one-third of today’s teens have a paying job over the summer. Instead, they choose to volunteer, work in unpaid internships, and enroll in high school or college courses. All of this looks great on college resumes, but is not practical when it comes time for these millennials to enter the workforce. They have no idea how to set up direct deposit for payroll with their ban

  • Include information on company culture and values in your employee handbook, go over timesheets, employment paperwork, vacation requests and all of the details involved with the company procedures during their orientation.
  • Take the guess work out of the workplace for your millennials and become their coach, and you’ll start off on a better foot with your millennials moving forward.

Keep in mind that Millennials are facing many tough challenges across their long lifespan but their common skills and values make them well equipped to face and overcome these adversities.  Employers who understand and bring out the best of their Millennials will tap into the potentially valuable contribution to the workforce and the innovation they are capable of.

For more on Millennials see 15 Economic Facts About Millennials, 2014 Report of the United States Office of the Presidentl Council of Economic Advisors.

Three Steps to Creating Succession Plans!

Do you have a plan for each member within your organization? Did you know? Less than one-third of organizations have formal succession plans for all but the very top levels, according to research conducted by Bersin by Deloitte and published in November 2014. Sure, those top-level managers are important, but what if you lost someone on your team who wears many hats? Organizations are embracing a flatter structure (reducing the amount of middle management) and with that, the knowledge that could walk out the door when an employee leaves your organization can be significant.

So how do you go about creating succession plans? Well, Tim Gould gives us 3 key pointers for getting the process jumpstarted!

Step one: Identify Key Positions:
These could be employees/roles who handle key accounts, roles that have a high amount of turnover, employees that contribute heavily to company culture, positions that complete critical tasks to the operation, or employees who have a unique skillset that’s critical to the organization. Think about those roles or employees who hold “all the knowledge” about a certain topic. When this person is on vacation, does everything get put on hold until their return? These are those “critical positions” we’re talking about!

Step two: Conduct a Skillset Analysis:
You need to dig deeper than just the job description, but it’s a good starting point. What are the skills and competencies that must be mastered? Do you have anyone in your organization with some or all of these requirements? Consider the external and internal factors that affect this position and how this position is going to be used in the future.

Step Three: Develop the Plan!
It’s time to implement! Once you’re armed with what needs to be learned, it’s time to start putting the plans in action. Select the employees that have the ability to take on additional responsibility and/or have a skillset in line with the needs of critical position. Create development plans for these employees and ensure time is allotted for the training/job shadowing/etc. Once you start building a “deep bench,” consider re-evaluating your company’s recruiting strategies. Do you post jobs internally prior to posting externally? This is a great way to keep those employees that you have invested in engaged!

I won’t pretend this is going to be easy! It’s going to be a lot of work! The benefits will make the work worthwhile! You won’t have to panic if a critical position turns over and employees will feel challenged and engaged. Succession Planning shows employees that you are interested in their growth and development!

Expert Value: Finding the Stars

As the global economy becomes more and more dependent on technology and innovation, companies must look at their talent and determine the expert value in each of their employees. Finding the stars and creating an environment that your experts want to be a part of is a challenge that every employer must face in today’s fast-paced digital world. Many specialized professionals (i.e. scientists, engineers, doctors, accountants) are more interested in developing their own professional expertise than in finding a management career track. Forcing natural experts into management career paths goes against the success of their own personal career goals. Instead of pushing experts into management levels, forcing them up the organizational hierarchy to promote and compensate them at higher levels, employers will now need to look at how they can reward their experts while not forcing them into management roles that they do not want.

Who are these high professionals who would rather advance in their own expertise than be promoted to management level positions? According to the Korn Ferry Institute online, “High professionals are individuals who have the capacity and interest to continuously develop their expertise for effective performance in progressively more challenging roles within their specialties.” These professionals need to be given alternative reward structures in order to recognize their expert value, while also respecting their own career goals.

High professionals want to be challenged within their own roles, and possess a strong desire for achievement. Solving complex problems is fun for them, and they recognize that learning contributes to their career success. On the flip side of this search for stars and leaders within your organization, high potentials are the employees who may not have a specific skill set, but have “management potential.” In many organizations, it is these high potential employees that are rewarded with compensation, benefits, management roles, and other perks while the high professionals are more likely to be ignored in terms of total rewards and recognition. Both groups are highly critical for the success of any organization, and should be compensated and rewarded as such. For instance, maybe having a “chief engineer” would be a more rewarding role than promoting your most skilled engineer to a department manager role. The engineer innately wants to do what he is best at – engineering. So don’t push him into a role that he will grow to hate.

Instead, reward and recognize for those skills and expert value that you can’t replace as easily. You can often groom employees into becoming effective managers – but is it as easy to teach a retail worker the ins and outs of engineering? Probably not. Not everyone wants to be a manager. And not everyone has the skills or abilities to be an engineer. So instead of fast-tracking EVERYONE on the same path, let’s acknowledge the differences within our workplaces and reward accordingly.

Difficult Yet Talented Employees: Troublemakers Unite!

Are the most talented employees in your workplace also the most difficult to deal with? Different employees will require engagement criteria that works for his or her individual personality – it’s not a one size fits all solution. So how can you identify what engagement criteria will work for those talented yet difficult employees? Job suitability assessments are one way, and lucky for you, Peoplescape consultants are skilled at analyzing the data provided by such tools. Also, looking at an employee’s generational profile can tell you a lot about what their needs will be in order to keep them engaged in the workplace and focused on solutions for the projects and challenges at hand. It is also important to look at the competition; what are the pay rates and benefit packages for similar positions across the industry marketplace? Lastly, making sure that management is well-trained and able to engage their employees is a critical piece of this puzzle. You don’t want to let your talented employees go, but you also want to make their difficulty something that managers and peers can work with – rather than it being an obstacle.
So what are some easy-to-identify traits of these difficult yet talented employees? Here goes!

1. They know their worth to the organization.
2. They are organizationally and politically savvy.
3. They have little respect for hierarchy.
4. They are demanding and often expect instant access to the resources they need at any given moment.
5. They network well – a pro and con for any organization because their network extends to other places of work if things don’t go accordingly to their plan!
6. They do not see any need for a manager (which makes managing them EXTREMELY challenging!)

In reading this list, I’m sure that you can identify a few of these employees in your own organization. Do they represent a wide generational population or do they typically fall into that millennial or Generation X category? As we’ve discussed at length at peoplescapehr.com/blog, encouraging employees of these generational groups and providing a stimulating work environment can go a long way to support successful working relationships between generations. However, you have to be careful that you are not catering to a difficult yet talented population of employees and accidentally ignoring everyone else. There must be some balance to the process, and managers will have to tread lightly to successfully engage their troublemakers (said with some sarcasm…and a little bit of an epiphany in thinking I myself have been one of those in workplaces – sincere apologies to my former supervisors!) while still making the less difficult and more dependable employees feel comfortable and valued as well.


“Life doesn’t get easier or more forgiving, we get stronger and more resilient.” – Steve Maraboli

Resilience is the ability of people to cope with stress and hard times, and then bounce back quickly.  When you think of the word “resilient” do certain faces come to mind? What trials have those people been through, only to end up more successful in the long run? Not only do they survive, they do it with a smile on their face, and a bigger paycheck when all is said and done. Do you know who I’m talking about? Ok, good. Now let’s talk about how you can become resilient just like that person you pictured.

I’m sure that just as you know someone that you can identify as resilient, you also know someone who is a believer in the mindfulness movement. They go to yoga three times a week (at minimum) believe in the power of karma and everything happening for a reason. Do you see their face now? Is it the same person you pictured for an embodiment of resilience? These two qualities can often go hand in hand, because resilience has recently been a by-product of the mindfulness movement sweeping the nation. In our fast-paced culture, it’s nice for people to take a minute and just BREATHE…which is what yoga and the mindfulness movement can teach. It can also allow people to focus on what is in their control, and accepting what is not – thus, making them stronger and more resilient for trials that come their way. Are you still with me?

So how does this affect our HR world? Resilience is something that we all need in the workplace, because it allows us to not be defined by obstacles or new projects or challenges that come our way. As an HR professional, I understand this all too well! And I’m guessing that you, as a business owner, employee, HR manager, or department head (basically any job that deals with people and projects!) also have to practice resilience. The good news is that resilience is not just something “you’re born with” like those beautiful models in the Maybelline commercials. You can actually learn to be resilient too! Here’s how:

1. Develop a strong sense of PURPOSE – you define it, you live it. Don’t let your job title or your boss or anyone define your sense of purpose. That’s yours alone to decide!
2. Develop a healthy sense of CONTROL – you cannot control everything. Accept it, and work on the things that you can control.
3. See CHANGE as a challenge or opportunity – rather than dwell on the work and time it’s going to take to adjust. Accept the challenge and run with it!
4. Develop self-confidence and be OPTIMISTIC – If you are confident in your abilities and ideas, others will be too! Have a positive attitude and watch it trickle through the company like magic!
5. Build a good SUPPORT system – this is key to any success in life! We are not in this fight alone.
6. Become FLEXIBLE and adaptable – think outside the box and also use different PROBLEM-SOLVING strategies to come to a new conclusion to an old problem.
7. Have a good sense of HUMOR – being able to laugh at ourselves is good therapy!
8. Stay HEALTHY – a healthy person is a more productive person. So take care of your mind, body, and soul. #mindfulness #resilience

Emotional Intelligence and New Hires

Personality tests and skills-based competencies have been a part of recruiting and hiring decisions for quite some time now, but are you considering the Emotional Intelligence (EI) of your potential hires? According to Bamboo HR, 1 in 3 HR Managers are placing increased importance on EI in their hiring decisions. Is your organization part of that 1 in 3?

I know you’re probably thinking… [tweetthis]Emotional Intelligence – What is it and why does it matter?[/tweetthis] Read more

Case Study: Employee Surveys and Focus Groups

Employee “caretaking” is a crucial, though often overlooked aspect of personnel management. At Peoplescape, we are always “team employer” but we also know that having compassion and a strong desire for employees to succeed is a core value in most successful organizations.  Employees who work efficiently, have opportunity for growth and feel they are treated fairly are the strongest assets to the employer, and our goal is to partner with our business clients to ensure their workplaces are as happy as can be! We conduct workshops on a wide variety of training topics including new hire orientation and onboarding procedures, effective management tools, sexual harassment and bullying.  Our comprehensive training programs can be customized to the client’s industry. One example is our annual hospitality workshop recently conducted for a long-time client of ours in the beautiful desert region of Southern California. Read more

Latest Trends in Telecommuting

As you can see, many of our posts revolve around social media and digital natives and technology. Why is this the case? Well, to be honest, technology is what makes the world go ‘round in the 21st century. So in order to stay present and relevant in our world, human resources professionals must adopt these strategies and skills in order to successfully provide services to our clients and ensure that our presence in the industry is known. According to the HR Daily Advisor online, business analysts predict that up to 30% of workers in industrialized countries will be telecommuting within just a few years. (http://www.flexjobs.com/blog/post/current-trends-of-telecommuting/) What does this look like for your business? Do you currently offer telecommuting as an option? Why or why not?

Telecommuting does have its benefits for companies as well as employees. Here are a few:

Business Perks

  • Decreased costs in utilities and building maintenance for office
  • Money saved on increased productivity and decreased absences
  • Reduced turnover due to higher employee morale and flexibility

Employee Perks

  • Elimination of commute time
  • Flexibility
  • Higher standards of productivity to prove that telecommuting is worth it for the employer

So what are the latest trends in telecommuting? Here’s what that looks like!

1. Employees are willing to sacrifice other benefits in favor of telecommuting as an option

2. Increase in telecommuting for government employees

3. More common in various fields – i.e. science and engineering (not just human resources consulting and customer service call centers and tech geeks)

4. Many employers and employees view telecommuting as a way to benefit the environment – less fuel emission, less wear and tear on roads/highways, etc.

5. Employers that embrace telecommuting are acknowledging the value in technology – after all, technology enables telecommuting to be an option!

6. Shared workspaces in the office are becoming more common (and acceptable) as many employees are not in the office 40 hours a week as they were in a traditional workforce.

7. In less than 10 years, telecommuting has moved from an unusual perk to a common benefit offered by many employers.

“The major work of the world is not done by geniuses. It is done by ordinary people, with balance in their lives, who have learned to work in an extraordinary manner.” – Gordon B. Hinckley