MANAGEMENT & LEADERSHIP TRENDS – Second Half of 2009MANAGEMENT & LEADERSHIP TRENDS – Second Half of 2009Eric Swenson

BUSINESS FORUMS INTERNATIONAL LAS VEGASJUNE 19, 2009

It’s All About People Entitlement To Privilege Adapting To Change Employee Lawsuits Even More Prevalent Solutions?

The Need To Do More With Less Communication Is Key

Trends for the Second Half of 2009Trends for the Second Half of 2009

IT’S ALL ABOUT PEOPLE IN 2009-10IT’S ALL ABOUT PEOPLE IN 2009-10

CAPITAL EVERY BUSINESS HAS: Intellectual Capital Social Capital Financial Capital Human Capital

BUSINESS OWNER SURVEY RESULTS – THE BIGGEST BUSINESS OWNER SURVEY RESULTS – THE BIGGEST CONCERNS FOR 2009:CONCERNS FOR 2009:

1. The economy (81%, the same number reported in Nov. 2008)2. Controlling Operating Costs (53%, down from 60%) 3. Rising health care costs (37%, down from 43%) 4. Retaining their most valued employees (36%)5. Hiring the right people (30%)

--Administaff Survey of Business Owners, May 2009

Large Companies (500+ employees) have lost 11.4% of their workforce Medium Companies (50-499 employees) - 9.8% Small Companies (under 50 employees) – 4.4%

--Nevada Department of Employment, Training and Rehabilitation Report, 6/17/2009

Why the impact on bigger companies?Why the impact on bigger companies? Bottom lines of gaming operators, which tend to be the state's biggest

employers; Construction has stopped

Fontainebleau – 3,300 employees Cosmopolitan – 350 employees

Easier to lay off workers at bigger businesses because employees at employees at smaller companies typically perform multiple tasks.smaller companies typically perform multiple tasks.

--LVRJ, 6/18/200--Brian Gordon, Applied Analysis

--Keith Schwer, Director of the Center for Business and Economic Research UNLV

NEVADA UNEMPLOYMENT STATISTICSNEVADA UNEMPLOYMENT STATISTICS

EMPLOYEES HAVE TRANSFORMED THEIR MENTALITYEMPLOYEES HAVE TRANSFORMED THEIR MENTALITY

It’s Gone From “Entitlement” To “Privilege”It’s Gone From “Entitlement” To “Privilege”

Entitlement:Entitlement: Attitude is when an employee feels they are owed by their employers. Employee can pick up and leave for a better opportunity at the first

sign of disappointment. Attitude is generally not that of a team player – but as an individual

who is owed a promotion, salary increases and more attention.

Privilege:Privilege: Everyone knows that layoffs have been pervasive, and they could be

the next to go. This will result – if managed properly – in employees who will

complain less, work harder, and become more appreciative of the job they have.

ADAPTING TO CHANGE IS KEY TO SUCCESSADAPTING TO CHANGE IS KEY TO SUCCESS

Change Change One of the most misunderstood and feared actions in business. No one knows how to deal with it well. When things go well, you don't need change. When things are going badly, change can't happen fast enough. Fear relating to change is simply the fear of the unknown.

Managing ChangeManaging Change You're a leader. You are on stage. You're not allowed to show frustration or weakness. Leaders lead - they say "here is the way I believe we need to go," and

then go. This is the attitude you must take when managing change.

Virtually Any Change Breeds OpportunityVirtually Any Change Breeds Opportunity - The Key Is Finding The The Key Is Finding The Opportunity And Acting On It. Opportunity And Acting On It.

EMPLOYEE LAWSUITS ARE EVEN MORE PREVALENTEMPLOYEE LAWSUITS ARE EVEN MORE PREVALENT

EEOC Complaints increased 15.3% in 2008 and will dramatically increase in 2009 If you terminate or reduce an employee, they’re going to look for a way to get

money – especially in a dismal job marketplace. They have more time and more incentive to file.

Wage & hour lawsuits will become even more prevalent Wage & hour lawsuits will become even more prevalent Labor lawyers are changing their practices to focus solely on wage and hour

lawsuits, which are easy to prove. Violations are myriad in businesses throughout the United States. Employees Everywhere Are Reading About The Huge Sums Of Money ‘Won’ By

Disgruntled Ex-employees Filing Lawsuits Against Their Employers. The major focus will be on:

Exempt or non-exempt status Meal and break periods ‘Independent contractor’ should properly have been classified as an

employee.

All it takes is one employee to talk to an attorney. Ask Wal-Mart, Starbucks, Electronic Arts, and the thousands of small

businesses that have paid hundreds of millions of dollars in the past year

Other Focus Areas in 2009-10Other Focus Areas in 2009-10 Failure to hire Screening applicants on arrest and conviction records Pay discrimination and the Lilly Ledbetter Fair Pay Act ADAAA including

Issues related to pre-employment testing Policies that require employees to be

"100% cured" to return to work Immigration

--- Peggy Mastroianni, EEOC Associate Legal Counsel, 3/12/2009

Think It Can’t Happen To You? Or Is Your Excuse That You’ve Think It Can’t Happen To You? Or Is Your Excuse That You’ve Never Had It Happen To You Before?Never Had It Happen To You Before?

THE OPPORTUNITY IS NOW TO DO MORE WITH THE OPPORTUNITY IS NOW TO DO MORE WITH LESSLESS

Performance ManagementPerformance Management If you're maximizing the people you have, you won't need so many

people. You can get more done with fewer people by knowing what your

people do best. Evaluate your talent. Carefully consider your need for every one of

your employees. Most businesses are not maximizing each and every employee they

have. There are techniques available to ensure talent maximization. Find and replicate your best performers.

It Is Imperative That Frequent And Clear Communication Lead The Way To Your Success. There Is Fear In The Marketplace. Employees are wondering if you’re going to cut staff, perquisites, and

their free coffee. Employees are heavily invested in the success of the business, and

they have a right to know what you’re doing. Even saying, “I don’t know” is preferable to not communicating. It’s more than a memo or company-wide e-mail. Managers and supervisors must be empowered to candidly talk

with their staffs as well. Before You Consider Cuts, Survey Your Employees:

What benefits would you cut if we needed to? You will be surprised that the suggestions you get.

Businesses that communicate effectively are those Businesses that communicate effectively are those who will succeedwho will succeed

Get Your “Human Capital” House In OrderGet Your “Human Capital” House In Order

Audit all policies/procedures, especially wage & hour Re-evaluate hiring procedures, and consider new

methods to hire and retain quality employees – it matters even more in a downturn

Survey your employees – find out what they’re looking for or why they leave

OTHER WAYS TO IMPROVE PERFORMANCEOTHER WAYS TO IMPROVE PERFORMANCE

Recognize that adversity breeds innovationRecognize that adversity breeds innovation Complacency

Too many businesses have become complacent. That complacency (“we’ve always done it this way”) has failed both

businesses and employees. When Times Become Difficult Is The Exact Moment TO Innovate.

Successful leaders and managers: Take a calculated risk now and again. Are Innovators, or who was not considered an innovator. Great leaders do not avoid or fear trouble: they embrace it.

This presentation, like all materials, training, and services offered by RSJ/Swenson LLC are offered and sold with the understanding that it is not engaged in rendering legal counseling or other professional service. If legal counseling or other

professional assistance is required, the services of a competent practitioner in the relevant area should be sought.

RSJ/SWENSON LLC – MAKING PEOPLE BETTERRSJ/SWENSON LLC – MAKING PEOPLE BETTERCALIFORNIA15821 VENTURA BOULEVARD #490ENCINO, CA 91436818.461.1874

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