« April 2008 | Main | June 2008 »

May 2008


カリフォルニア州 最高裁判所判決で同性間の結婚が合法化

カリフォルニア州 最高裁判所判決で同性間の結婚が合法化

1. Sexual Orientationを理由に従業員を差別、ハラスメントがないことを確認する。
2. 結婚することになった同性のカップルもベネフィットの供与等で差別をしてはいけないことを確認する。
3. 従業員ハンドブックをレビューし、すべての従業員の権利が守られているかを確認する。 

CA Supreme Court: Same-Sex Marriage Constitutional

The California Supreme Court has found that the current California statutes defining marriage must be viewed as potentially impinging upon a same-sex couple's constitutional right to marry under the California Constitution. This is despite the fact that the current domestic partnership legislation gives same-sex couples most of the substantive elements embodied in the constitutional right to marry.
The court determined that California laws limiting the designation of marriage to a union "between a man and a woman" is unconstitutional, and must be stricken. Further, the designation of marriage must be available both to opposite-sex and same-sex couples. The Plaintiffs -- the same sex couples who wish to be married -- are now entitled to a writ of mandate, directing the appropriate state officials to take all actions necessary to effectuate the court's ruling in this case so as to ensure that county clerks and other local officials throughout the state apply those provisions in a manner consistent with the decision of this court when performing their duty to enforce the marriage statutes in their jurisdictions. In re Marriage Cases 2008 Cal. LEXIS 5247 (May 15, 2008)

What Should You Do?
Never discriminate, harass, or retaliate against employees based on their actual or perceived sexual orientation.
Treat same-sex couples who choose to marry the same as you would treat opposite-sex couples as far as benefits, etc.
Review your employee handbook to ensure the rights of all employees are protected.

| | Comments (0)




1. Gisele Bundchen tops Forbes.com's list by earning $33 million in the last 12 months.
2. Kate Moss ($9 million)
3. Heidi Klum (of Project Runway) ($8 million)
4. Adriana Lima and Alessandra Ambrosio (both $6 million)
5. Carolyn Murphy ($5 million)
6. Natalia Vodianova ($4.5 million)
7. Karolina Kurkova and Daria Werbowy (both $3.5 million)
8. Gemma Ward ($3 million)
9. Liya Kebede ($2.5 million)
10. Hilary Rhoda and Shalom Harlow (both $2 million)

Now, compare these salaries to these CEOs' listed on Forbes' Well-Paid Women list:
Carol Meyrowitz, CEO of TJX, Inc. ($3.1 million)
Brenda Barnes, CEO of Sara Lee ($3.0 million)
Christina Gold, CEO of Western Unioin ($2.9 million)
Patricia Woertz, CEO of Archer Daniel ($2.2 million)
Mary Simmons, CEO of Rite Aid ($1.6 million)

| | Comments (0)



PEO(Professional Employer Organization)について同僚から質問があったので調べてみるとhttp://en.wikipedia.org/wiki/Professional_Employer_Organization1940年代からアメリカでは始められたらしい。HRアウトソーシングのひとつの形態だが、PEOというOutsourcing先が従業員を雇用してPayroll, benefitを購入するという点が特徴だ。派遣会社に近いように思えるが、ADP(給与計算代行がメインの仕事の会社)http://www.adptotalsource.com/の説明を見ると、HRのアウトソーシングという感じのケーススタディが出て来る。http://www.adptotalsource.com/about-us/peo-case-studies-excel.htmケースに出てくるほど魔法の杖というわけにはいかないだろうが、やはりADPは見せ方がうまいと思う。給与計算から人事のアウトソーシング、ベネフィットのブローカー、401Kのアドミニストレーターというように人事のオペレーション周りでかなり大きなシェアを持っている。



| | Comments (0)






1. Top managers are cc'd on every company e-mail, whatever the topic.
This usually happens, says Pruitt, when employees are not empowered to make decisions within their scope of responsibility. Unfortunately, it usually backfires on managers-they're spending all their time reviewing e-mail.

2. The only path to promotion is if someone in the upper ranks dies.

"When there is no hope of advancement, productivity, quality, and enthusiasm will suffer," warns Pruitt.

3. No one ever gets fired. Employees need expectations and standards.
If doing a bad job doesn't get you fired, why bother to do a good job?

| | Comments (2)


アメリカ版 会社の体をなしてない会社

会社の体をなしてない会社 10の特徴という記事が配信されてきた。

1. 上司の承認なしには何事も動かない

2. 誰が上司かわからない

3. 意味のないミーティング

4. 席と席の壁越しにテキストメッセージ。Face to Faceのコミュニケーションがない

5. 付き合っているカップルがあちこちの職場

6. ITの管理が厳しすぎ、自分のパスワードさえもわからない。

7. 従業員の失敗、恥さらしが公にされている

8. 上司が部下を怒鳴りつける

9. みんな10週間以上有給休暇が残っている

10. 何をしたかより、職場にいることが大事



1. Nothing can get done without the boss's approval. Empower your organization by delegating, says Pruitt. There's not much CEO work going on if the boss has to sign off on every little thing. And there's a corollary ...
1a. To get things done, you have to hide them from the boss. Now you know you've got a situation that is going to end badly.
2. Who is the boss? The structure may be clear on paper, but no one knows who really makes the decisions. Everybody benefits from clarifying decision-making responsibilities.
3. Do-nothing meetings. If a meeting has no agenda or just rehashes previous discussions, axe it. And again, a corollary:
3a. IMing during meetings. Meetings are for brainstorming and discussing, not "snarky IM conversations," says Pruitt. "Pull the plug" on cell phones.
4. Cubicle co-workers IM instead of talking. Some topics require face-to-face discussion. Arrange some meetings (but don't forget rule number 3.)
Don't "just do it" ... do it right. HR Audit Checklists ensures that you know how. Try the program at no cost or risk. Read more
5. There's more than one "secret couple" around. They usually don't stay secret for long, and tension and drama (and lawsuits) result if there is perceived favoritism. Write a policy and enforce it.
6. IT rules are so tight that you're not told your own password. Tech security is important, but there are limits. Find a reasonable middle ground.
7. There's a "wall of shame" where employee mess-ups are posted and highlighted for the entire world to see. "Rewards should be public, but chastisement should be private," Pruitt says.
8. The boss screams at staffers, for example, when there's skim milk instead of half-and-half for the coffee. Authority should never be used to bully or intimidate. Counsel or call in the consultants.
Check out your HR program with HR Audit Checklists. Try it for 30 days! Click here
9. Everyone has 10 weeks of accumulated vacation because no one can take a day off. "People are not machines," says Pruitt. "Encourage them to take vacations, or they are likely to walk out one day and not come back."
10. What matters is not what you get done, but how many hours you are seen "working." Don't be impressed by the person who arrives early and leaves late just for show. Reward productivity, not hours, says Pruitt.

| | Comments (0)



| | Comments (0)


訴訟対策 9つのステップ










1. Think Like a Plaintiff's Lawyer

Weltman suggests that to manage lawsuits, you have to start by thinking like a plaintiff's lawyer. For example, work with small litigation teams that are "leveled," that is, where the most experienced lawyers (rather than newly minted associates or paralegals) are involved in the day-to-day details.

2. Focus on “Going to Trial”

Even though your goal is to avoid a trial, you have to establish the trial mindset, because that is what the plaintiff's lawyers are doing. They are focused and know what they have to do to win. If you are careless, they will slip past you and into court.

3. Consider Jury Instructions

In a similar vein, keep your mind on what the jury instructions will be. They will reveal important clues to help you build your case and also help predict the case your employee's lawyer will present. Then, maybe you can set up some roadblocks, Weltman says.

4. Observe the Limited Chips Rule

Weltman cautions about briefing and arguing every possible motion. It's a good education for your attorney's associates, but it’s wasting "credibility chips" if the judge gets annoyed. Some motions just aren't worth pursuing unless you are reasonably sure of a meaningful positive outcome.

Some 20 percent of your people—the duds—take up 80 percent of your time, right? Learn to deal with the duds during a special BLR’s May 13 audio conference, How To Eliminate Common Personnel Problems Without Getting Sued. Can’t attend? Preorder the CD. Click for more information.

5. Don't Fight Discovery

In general, it is best not to fight discovery, says Weltman. Instead, gain chips by bending over backwards to give the other side everything they request. While you’re at it, hire an experienced plaintiff's lawyer to go over your documents. You'll learn which ones might be most troubling, and you'll be able to plan how to blunt their effect.

6. Hire a Plaintiff's Attorney as Part of Your Team

Thinking along the same lines—and especially if you think your case is weak—consider hiring a plaintiff's attorney as part of your defense team. You'll gain insights about how the other side thinks, and that will help you prepare your case.

7. Make Contingency Work in Your Favor

One element to recognize, Weltman says, is that opposing attorneys generally work on a contingency basis, and that may make them eager to settle for a reasonable figure.

Then there's the other side of the contingency coin. Maybe you can build some contingency into the arrangement with your attorney. For example, propose a blend of reduced hourly rates with negotiated bonuses, keyed to benchmarks based on how much your exposure is reduced at the end of litigation.

Are employee “duds” a protected class? No, but sometimes it seems like it! Learn to deal with them without incurring lawsuits in BLR’s May 13 90-minute audio conference. Can't attend? Preorder the CD! Read more.

8. Gauge the Strength of Your Case

Weltman recommends that you ask your outside attorneys to tell you, out loud, in 1 minute, their best case. (That's also your best case.) Judges are not automatons—they will often react to the party that offers the most appealing presentation. The 1-minute summary will help you to determine how strong your case is.

9. With a Weak Case, Think Settlement

If you do conclude that your case is weak, says Weltman, think settlement sooner rather than later. The longer the process goes on, the more damaging evidence is on the record. The stronger the plaintiff's case gets, the more valuable it is.

In the next Advisor we'll talk about dealing with the people who start these cases in the first place—dishonest, difficult “dud” employees.

| | Comments (0)

« April 2008 | Main | June 2008 »