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Beware of College Students in the Workplace

Back in April, the New York Times wrestled with the issue of whether the unpaid intern was legal or not. One of the conclusions stated: "California and some other states require that interns receive college credit as a condition of being unpaid. But federal regulators say that receiving college credit does not necessarily free companies from paying interns, especially when the internship involves little training and mainly benefits the employer."

Well TLNT wrote this week that the United States Department of Labor (DOL) has begun to crack down on businesses that do not pay interns and offers some keys about complying with the law. While the DOL has issued a "fact sheet", TLNT does a great job of translating that for Human Resources and figuring out where problem areas still exist.

And then there's the factor of which degree to choose when you're in school? Well Monster.com and Yahoo! HotJobs issued a list of the worst-paying college degrees (H/T Wendy). A good list of majors to avoid for students and areas where Human Resources should take notice.

Well once those college students graduate, what is waiting for them? Not much. The New York Times wrote back in July that many are trying to join Teach for America--but few are actually chosen for the very selective positions. But yet many graduates from some of the most prestigious colleges around the country are applying there for the job security and resume booster that it provides.

Last piece of advice for the college grad (or, really, anyone else) comes from The Oatmeal: "What your email address says about your computer skills." A funny must-read for anyone who is applying to a job with an @aol.com/@yahoo.com/@hotmail.com address.

Making the Workplace Uncomfortable

We've all seen it at one point or another: a bully in the workplace. This person can be a boss, an owner, someone in power or someone just on a power trip. They can work in any department and they come in many shapes and sizes. But Human Resources needs to be aware of these people and take care of them before they dominate and intimidate the workplace. Like a school bully, it can be intimidating to stand up to these workplace bullies, but someone needs to do it. And that someone needs to be from either management or human resources.

A few articles on the subject:

Bloomberg Businessweek starts us out with ten signs of a fear-based workplace so you know what to look out for (H/T Wendy). Some of them are more obvious than others but #10 seems to sum it up: "When senior leaders make virtually all decisions in secret, dole out information in unhelpful drips, and base hiring on sheeplike compliance rather than energy and talent, and the PA system all but blares "Be glad to have a job, stop whining, and get back to work," your company's fear problem is off the charts."

TIME via Yahoo! News is next with an article saying that New York just passed a bill which may make workplace bullying explicitly illegal: "If New York's Healthy Workplace Bill becomes law, workers who can show that they were subjected to hostile conduct - including verbal abuse, threats or work sabotage - could be awarded lost wages, medical expenses, compensation for emotional distress and punitive damages"

This would seem to be good news for the group of workers who have filed a class action lawsuit against New York chain Pio Pio according to Grub Street New York.

Lastly, the Employment Law Blog cautions against terminating in haste and says that you need to have a total command of the facts before you decide to let someone go, even for what seems like a misdeed.

Guest Post: Writing Like a Professional Will Get You Paid Like a Professional

Once in a while, we get an excellent guest blog submitted to us. This is one of those cases. Jay, a friend of mine, who just graduated law school and passed the bar, is someone I would classify as a "grammarian" (others may use the less politically correct term "grammar nazi"). He hates people's misuse of "your" and "you're" and of course "there", "their", and "they're". But while perfect writing is not required in any job, knowing how to write like a professional is a good way to get hired, to keep your job, and to advance. Here is some advice from Jay in our guest blog today:
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I am a newly admitted attorney who graduated from law school less than one year ago. Lawyers, by definition, have been trained to write like professionals. This is one of the redeeming aspects of our profession, and I am proud to uphold this “tradition.”

Sadly, writing is not the art that it used to be. From the dawn of mankind until the early 1980’s, human beings wrote on surfaces ranging from stone walls to ordinary paper, using utensils ranging from granite rocks to ballpoint pens to typewriters. The common element among each of these formats is that those human beings had no room for error. There was no backspace key or pencil eraser or Wite-Out. Once that typewriter key was pressed, or that pen stroke was made, the words were – figuratively and often literally – set in stone. Consequently, writers were forced to choose their words very carefully.

Fast forward to the last couple of decades. The invention of the personal computer has revolutionized the way in which people write. The two biggest changes, in my opinion, are that we can write faster than ever before and that we can easily correct our mistakes. Admittedly, this faster pace of writing has lessened the strain on our bodies and our minds. The downside of this speed is that to avoid negating the time and trouble we have saved by using computers, we rush through the thinking process. Quite simply, because we can write quickly and correct our mistakes effortlessly, we write as the words and thoughts occur to us. For many people, the concept of “stream of consciousness” has transformed from an exercise in a high school English class into the primary way in which we communicate with other people.

Lots of modern norms have accelerated this change. Nobody writes a letter anymore; we write e-mails instead. Text messages have replaced handwritten notes and postcards. Blogs have replaced letters-to-the-editor. Twitter has replaced newspaper clippings. Communication has never been easier, and the end result is that people are writing more frequently and faster than ever. We are constantly looking for shortcuts to save even more time. The problem, however, is not how fast we write. No, the problem is how we write.
I believe that “AIM-speak” is just plain ugly. First used in instant messaging programs more than a decade ago, this style of writing has spread to modern e-mails and text messages. The words “you,” “because,” and “tonight” have become “u” and “cuz” and “2nite.” We are even too lazy to phrase the simple question, “What’s up?” anymore. Instead, we opt for the shorter “wsup?” These examples are just a few of the countless shortcuts people now use in contemporary English writing.

Needless to say, I find this laziness disgusting. It is sloppy and unprofessional. Computers already enable us to write at almost the same rate at which we think, so do we really have to shave off an extra millisecond by dropping the letters “y” and “o” when typing the word commonly written as “u”? If William Shakespeare saw us doing that, he would be very, very angry with us.

In my opinion, it is worth the extra time to write out each word as it appears in the dictionary. Quite honestly, there is little or no penalty associated with doing so. The time saved in using these language shortcuts is negligible, and the reward obtained by using proper grammar and spelling is considerable.

Nowhere is this more apparent than in the law. Halfway through my first year of law school, I applied for a judicial internship with a Senior U.S. District Court judge in Hartford. Countless other law students at my law school applied for the same position, along with many students at other law schools in my region. I won the job, I later learned, almost entirely on the strength of my writing sample: an appellate brief I had drafted over a period of three weeks for my moot court class. While that job was an unpaid summer internship, I later obtained my first full-time job out of law school – a two-year clerkship with a different federal judge in the same courthouse – solely on the basis of the written materials I had produced for a law school professor while working as a research assistant. And sure enough, more than six months into this job, I have learned that the most important part of my job is drafting opinions for my judge that are written in proper English. Part of my job is to submit documents that do not contain any grammatical or spelling errors. The words must also flow and be sufficiently clear so that the reader can easily and quickly glean the information he or she seeks.

I should note that in my (admittedly limited) experience, I have found that you need not be brilliant to write in an organized, clear, and grammatically proper manner. You just have to take enough time to allow your thoughts to flow naturally. If you rush carelessly through the writing process, your words and sentences will appear sloppy and unprofessional.

Too often I see adults spew out e-mails and memoranda that appear to have been composed by someone typing while wearing mittens. I wonder how much time and energy those individuals put into their words. Sloppy prose reflects the care and attention (or lack thereof) that the author invested in its creation. As a lawyer, and particularly as a judge’s law clerk, I see this frequently. In a discovery dispute, for example, a lawyer will submit a series of e-mails in which the opposing counsel (allegedly) dragged his feet to delay discovery. The e-mails are meant to show the court how the other lawyer was non-responsive. But usually, I am more inclined to notice the poor English that the lawyers used in those communications. Incredibly, I have observed lawyers who were trained at Ivy League law schools use such words and expressions as “bc” and “thx.” If I were a client, I would refuse to pay my lawyer $400 per hour to write like a 7th grader.

The bottom line is that how you write says a lot about who you are as an employee. If you want to be treated like a professional, then you should write like one. Decades ago, scraps of paper containing handwritten notes were easily discarded, lost, or forgotten. Now, the vast majority of what we write is permanently recorded on the Internet, in someone’s phone, or in the recipient’s inbox. Every e-mail, every memorandum, every report is etched on a hard drive somewhere, waiting to be recalled at a moment’s notice. These things have your name written all over them. Many of these items can be Googled by future employers and co-workers. Future presidential candidates might even be mocked or grilled over the sloppy English they used decades ago as young professionals in their twenties.

My point is that if you write like you are an adolescent, people will treat you as such. Whether you are a lawyer or a journalist and therefore write for a living, or you are a doctor who claims that writing chicken scratch is “part of the job,” taking the time to write carefully and thoughtfully is a valuable investment. Sooner or later, people will notice that you express yourself intelligently and professionally, and that will pay major dividends. And why is the ability to write clearly, fluidly, and properly so valuable? Because so few people take the time to do so. Do yourself a favor and be one of those people.

Deception, Credit Checks and the Receptionist in the Job Search

A few older articles to get out of the way today, but that doesn't make them unrelevant!

From a mid-February New York Times report, the Federal Trade Commission (FTC) sued seven job placement operators for deception. The victims were innocent people just looking for a job and part of an expanding array of fraudulent job placement and work-at-home schemes. This is sad news for the job market where cruel people are taking advantage of the desperation of people to get hired.

From earlier this week a Yahoo! News and AP report says that states may ban credit check on job applicants (H/T Wendy). As we said above, it's hard enough to get a job in this economy, but now job applicants are facing another hurdle in the form of bad credit histories. From the article:
Sixty percent of employers recently surveyed by the Society for Human Resources Management said they run credit checks on at least some job applicants, compared with 42 percent in a somewhat similar survey in 2006.

Employers say such checks give them valuable information about an applicant's honesty and sense of responsibility. But lawmakers in at least 16 states from South Carolina to Oregon have proposed outlawing most credit checks, saying the practice traps people in debt because their past financial problems prevent them from finding work.
And lastly, from the New York Times "Corner Office" is a C.E.O. that says that one of the things she looks for in a job candidate is how they treated the receptionist when they came in for the interview: "I’ll want to know if someone comes in and if they weren’t polite, if they didn’t say, “Hello,” or ask them how they were. It’s really important to me." Good advice!

A Few Restaurants in Park Slope You May Not Want To Work For

From New York Magazine's always excellent Grub Street:

When Marc Murphy testified against a proposed bill mandating that restaurateurs provide paid sick leave, his director of operations made sure to point out that Landmarc treats its employees very well, thank you (among other things, they get five sick days after they’ve worked there a year). But here’s something interesting — another restaurateur who testified against the bill on Tuesday, Irene Lo Re, also happens to be the owner of one of 25 Park Slope restaurants that were busted by the state Department of Labor for underpaying workers.
Though the eateries weren’t named in yesterday’s press release from the labor department, the NY Daily News today revealed that the restaurants include Olive Vine CafĂ©, Sotto Voce, Sweet Melissa Patisserie, Baluchi's, Sette Enoteca e Cucina, and Aunt Suzie’s. And a call to Christine Quinn’s office reveals that Aunt Suzie owner Irene Lo Re spoke against paid sick leave. To make matters more interesting, Lo Re is president of the Fifth Avenue Business Improvement District and she has also been a chairperson of Community Board 6. We’ve called Lo Re to find out what, exactly, it is that she doesn't like about the bill. 

That's not good news. One usually thinks of restaurants as places where labor laws are a gray area (many New York restaurants have undocumented workers and the wages paid aren't always "fair"), but there are still consequences for violating the law even within the food services industry. Mama Mexico faced a lawsuit earlier this year and the question of paid sick leave has become a hotly debate topic. Those are just two examples but it shows that no matter what industry you are in, you need to treat your workers right.

Patriot Day Links

In was Patriot Day up in Boston today and here are some links to celebrate:

-The Laconic Law Blog tells us how making a profane comment about your employer can result in your loss of labor protections

-Don't have time for social media? Collegerecruiter.com say to hire an intern!

-HR World says less structure, more profit and to do this they recommend hiring recent graduates and having them work in a virtual office.

-RoundPegg has some thoughts on brown-nosing, sycophantism and sucking up including urging us all to not give in

-Want to know how a company can blow its trade secret protection? George's Employment Blawg has some details

-Goals vs. Commitments. Fistful of Talent has the battle

-Lastly, Benefits Buzz urges it to be done pro bono to get the most from time off spent to volunteer

What I'm Hearing...Changes to Compensation Planning Are Coming Your Way

Yesterday, Congress approved the Lilly Ledbetter Fair Pay Act. BLR has a clear synopsis of the law at http://compensation.blr.com/display.cfm/id/156373.

At the moment, I have many conflicting thoughts on the passage of this legislation, and will spare our readers my stream of consciousness! :-)

As a first step, have HR professionals already audited their compensation programs to make sure discrimination does not exist? If not, now is the time to investigate and take positive action.

With the passage of this Act, it appears that a tidal wave of new HR legislation will be coming from Washington. With legal costs typically averaging $100,00 or more per case, advance preparation and positive action now are essential to ensuring a "lawsuit free" organization.

The Financial World and the Job Market


It'll be interesting to see the fallout in the job market from the current financial crisis, but some effects are already seen...

The first article is from the New Jersey Law Journal and probably won't work for most of you...but the important part is just to read the title and then find a way to get your hands on the article: Pru Appeals in Suit Charging it Paid Off Plaintiffs' Lawyers: click here

Next, an interesting lesson from Yahoo! News via the AP on what can happen with mergers/takeovers and job layoffs as HP surprises Wall Street in this article: click here

(H/T to Wendy for those)

The Wall Street Journal (with a nice, new look) continues with an article sure to cause a little head scratching to most of America...the Executive job market is still healthy: click here and a video here

Next from the Journal is a very interesting article about trying to get Fannie Mae's and Freddie Mac's employees to stay as the mortgage giants go through some difficult times: click here

Going quickly to the Boston Globe's, Boston.com Monster.com HiringHub HR Center HR Blog, word that this isn't your father's job fairs--something new is in the air: click here

Lastly, in an article form the Journal, we learn that GMAT scores are being canceled...a lesson to employers that sometimes test scores aren't really all that reliable: click here

We've also added a great new feed from the WSJ on our right: click here

The Complaint Department

Somebody's got a case of the Mondays!

Here's a list of seven employee complaints for this Monday:

1) Your employer is watching over you...even as you work at home (an article about telecommuting surveillance from the Wall Street Journal's Career Journal): click here

2) Your former employer is delighting in your layoff (well this Workforce Management article says that if they do, they're going to hell -- Management hell): click here

3) Your former employer is suing you (this may turn out really, really poorly according to the Laconic Law Blog): click here

4) My employer is making me copy on both sides of the paper among other money-saving operations (Fistful of Talent talks about Budweiser's integration into InBev...a good article also about combining cultures in company's and HR's responsibility in that): click here

5) The superstar employee on my team is getting $20-$25 million in severance (while this is probably not your company, this article is an interesting view on the Brett Favre situation in Green Bay from the HR Capitalist and how they blow the term "Golden Parachute" totally out of the water): click here

6) My young co-workers are hopping from job to job and making more money than me (Perfect Labor Storm 2.0 has an article confirming job hopping among Gen Y/The Millenials): click here

7) I just have lots of complaints (well About.com's Human Resources blog compiled a list of the top ten employee complaints): click here
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