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How to Find a Mentor

Removing Barriers in the Workplace

Effective Communication

Maine Workersand Marijuana

MAINE’S CONNECTION TO HUMAN RESOURCES

‘In an HR Minute’

LOOK INSIDE!!Official Guide to theMaine HR Convention

HR Times May 2011 Q1V5.indd 1 4/22/2011 1:17:23 PM

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C O N T E N T S

HRTMAINE’S CONNECTION TO HUMAN RESOURCES

HRTimes

HRT

5 Five Steps to Find and Use a Mentor Susan deGrandpré, MSEd

8 Maine Workers and Marijuana: When is Illegal Legal? David Ciullo and Peter D. Lowe

11 Mentioning the Unmentionable David Lee

17 Special Insert including the Official Schedule and other information regarding this year’s Maine HR Convention, ‘In an HR Minute’

30 GINA Creates Risks for the Sympathetic and the Unwary Ronald W. Schneider, Jr. and Karen S. Aframe

34 SHRM Maine State Council Updates

40 Some Good FMLA News for Employers Anne-Marie L. Storey, ESQ

42 Updates Never Go Out of Date Pam Vaccaro, MA, CSP

44 HR Profile: Susan Wasserott Sarah Conroy

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plus a small business tax credit calculator powered by H&R Block®

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new law.

Visit MakingHealthCareReformWork.com for all the latest updates

on health care reform, or call your Anthem account representative or

your insurance producer today.

Understanding reform isa few clicks away.

Anthem Blue Cross and Blue Shield is the trade name of Anthem Health Plans of Maine, Inc. Independent licensee of the Blue Cross and Blue Shield Association. ® ANTHEM is a registered trademark of Anthem Insurance Companies, Inc. The Blue Cross and Blue Shield names and symbols are registered marks of the Blue Cross and Blue Shield Association.20272MEEENABS 3/11 Second Quarter 2011 1


HRTimes1.866.657.5444 • HRTimes@HRTimesOnl ine.com

HRTMAINE’S CONNECTION TO HUMAN RESOURCES

2nd Quar ter2011Volume 5Issue 1

Letter fromSHRM Maine State Council Director

I am delighted to serve as the 2011 SHRM Maine State Council Director. If you are attend-ing the Maine HR Convention, I want to take a “minute” to personally welcome you to the Samoset and thank you for supporting this spectacular HR event endorsed by the SHRM Maine State Council. Celebrating 10+ years, the council’s momentum moving forward is attributed to David Pease’s dynamic leadership as State Director over the past two years and our talented council leaders, who are focused on growth while expanding the member resources available through SHRM and local chapters. Our financial status is sound and our operations are future- focused. As such, 2011 promises to be another successful year as we strategically execute the council’s SHAPE tactical plan to “Serve the HR Professional and Advance the HR Profes-sion” in Maine through the following events and activities:

HR Professionals Day – Governor LePage proclaimed Human Resource Professionals Day in Maine on April 6. The council’s Government Affairs Team hosted a visit to our state capital for HR Professionals to advocate for our profes-sion, our employers and our employees. HR attendees enjoyed VIP tours, the chance to meet with their legislators, and hear updates from judicial and executive branches. Leadership Conference – Maine’s volunteer leaders representing the council, seven chapters, and the Diversity Hir-ing Coalition, gather for our annual leadership conference on May 10 with keynotes Janet Parker, GPHR/SPHR of SHRM on the global impact on HR practices, Sandra Monfiletto, SPHR of Martin’s Point Heath Care about her HR career journey, and Liz van Berg of SHRM with a SHRM update. Maine’s HR Convention – Scheduled May 10-13 with the theme, “In a HR Minute,” the convention has an impressive list of keynote speakers, educational sessions with HRCI recertification credits, networking opportunities, exposition hall, chapter dinners, golf tournament, entertainment, bookstore, silent auction and more! SHRM Foundation – Our annual silent auction to raise money for the SHRM Foundation and the council occurs during the HR Convention along with the Foundation’s Giving Campaign. HR Awards – The council has three prestigious awards: HR Project of the Year, HR Leader of the Year, and the HR Hall of Fame. Winners are announced at our annual awards ceremony at the HR Convention. HRTimes – The council’s magazine contains interesting articles, upcoming events, resources and the complete HR Convention schedule. Best Places to Work – May 27 is the registration deadline for the 2011 Best Places to Work program in Maine, and the awards banquet is scheduled for October 11. Webinars – There are four educational webinars scheduled in 2011, and dates, times, session titles and status of recer-tification credits are posted on our website and through our newsletter and e-blasts. Scholarships – The council has two $500 scholarships available for HR related education including PHR/SPHR certification. College Relations – Partnering with local colleges, the council promotes and supports student chapters in Maine. Certification – With 400+ certified PHR/SPHR/GPHR Professionals in Maine, the council continues to promote the certification exam preparatory programs and educational sessions with recertification credits. Diversity – We advocate the resources available through SHRM and Maine’s DHC to assist HR Professionals and employers with diversity and workplace flexibility programs. Workforce Readiness – Our partnership with Maine Development Foundation continues to promote education in the workplace through the Maine Employers’ Initiative. Membership – The council promotes SHRM and chapter membership since both offer valuable benefits to HR prac-titioners. Website – Visit our recently refurbished website at: http://meshrm.shrm.org for information on the SHRM Maine State Council and SHRM affiliated chapters in Maine. Also visit www.shrm.org for additional information on SHRM.Our momentum has led us to three new objectives for 2011: 1.) Increasing our presence at chapter events through our new District Director position; 2.) Marketing the council through press releases, social media, sponsorships and logo wear; and 3.) Launching a HR Apprentice Day program for HR students to job shadow with HR practitioners. As Michael Korda states: “One way to keep momentum going is to have constantly greater goals.” The success of the SHRM Maine State Council would not be possible without the unwavering commitment of our volunteer leaders. I’m blessed to serve with an amazing group of engaged individuals who represent various positions in the HR community throughout Maine and share my passion for Human Resources.

Kris Avery, SPHRState Director, SHRM Maine State Council

PUBLISHERJEANNE PAQUETTE

ADVERTISING & PR DIRECTORHEATHER BASSETT

PRODUCTION MANAGERTIM SARDANO

GRAPHIC DESIGNERLINDSEY MONTANA

PROOFREADERCINDY LETOURNEAU, SPHR

CONFERENCE GUIDE PROOFREADERJO-ELLEN STROUT

CONTRIBUTING AUTHORS

KAREN S. AFRAMEDAVE CIULLO

SANDRA CONROYSUSAN DEGRANDPRÉ, MSED

DAVID LEEPETER D. LOWE

RONALD SCHNEIDER, JR.ANNE-MARIE L. STOREY, ESQ.

PAM VACCARO, MA, CSP__________

Feedback and suggestions always welcome!

HRTimesP.O. Box 4400

Lewiston, ME 042431.866.657.5444

HRTimes @HRTimesOnline.com

SHRM Maine State CouncilKris Avery, SPHR

[email protected]

HRTimes is published and distributed byEmployment Times LLC.

Published articles do not necessarily represent the viewsof the magazine or its advertisers.


HRTimes

2nd Quar ter2011Volume 5Issue 1

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Why should you have a mentor?

You’re a Human Resources professional. You’re generally in the

mentor seat. You are the one who helps others solve their problems and

realize their visions. You coach your clients to higher competence and con-

fidence. You revitalize them. You provide them with fresh perspectives. You help your

clients thrive. Who does that for you? Are you so busy meeting other people’s needs that you

neglect yours? How will you: • Build your career?

• Expand your expertise? • Develop your talents?

• Gain skills? • Overcome your weaknesses?

• Influence the culture in your organization?

A mentor is a personal, portable, no-cost resource to help you set and meet your unique goals.

Your manager could be a logical choice to mentor you, but chances are that person is as busy as you are. You are booked solid with work. You have little time to take classes, even if there is an adequate training budget. At the same time, you have aspirations that call for individual attention. A mentor is probably not going to volunteer without being invited. You have to find your own. Here is a simple five-step process to find the help you want

and use the help you find. Nothing here will surprise you. You may have recommended similar steps to your clients.

The process is intuitive, but working it requires discipline, and that’s the big challenge. This structure is designed to keep you on track, yet with flexibility to serve you throughout your career. Without structure, mentoring

tends to become spotty and lose effectiveness. 1. DEFINE what you want to accomplish and what

help you need. Are you looking for technical

Take your Human Resources career to the next level:

Five Steps to Find and Use a Mentor

5By Susan deGrandpré, MSEdOwner, Collaboration Consulting



expansion, career growth, objectivity, cre-ativity, connections, etc.? Examine your-self and be honest about what you need to keep doing, stop doing, and start doing to get there. We Human Resources pro-fessionals cultivate our confidence, thus others may not notice where we are lack-ing. You can be completely candid with a mentor, which is part of the purpose of having one. The more clearly you can see your strengths and weaknesses, the more willing you are to lay those out to some-one you trust, the more successfully you will work with a mentor.

2. FIND people who can offer you what you want, whom you admire, and who will feel honored at your request. One fundamental characteristic that any men-tor must have is a passion for helping others succeed. Don’t be shy. Ask your colleagues, friends, family members, and virtual contacts to help you conduct your search. It’s similar to a job search – you want the best match possible. You may seek more than one mentor at a time, de-pending on your goals.

You define what “best match” looks like. Think about trust, communication styles and differences in perspective, in addition to career-related qualities. You may find your mentor at the desk next to yours, or online in a different country.

3. CONTRACT for the mentoring rela-tionship. The Number One reason men-toring works is because the learning expe-rience is shaped exactly to you and what you need. You and your mentor together define that shape.

There are two parts to the learning contract: role definition, and the specific learning goals. Sometimes the learning contract is written, sometimes verbal. Always, it is explicit. Because the men-toring process is a work in progress, clar-ity and structure keep it moving ahead. It is a framework within which you and your mentor can be creative and forward-thinking. It gives enough structure to keep the process focused and moving, with built-in flexibility to continuously assess and improve. Without such structure, the mentoring process can get off track and become less than optimally effective.

When I first became a management consultant, my mentor and I started our relationship with a simple role defini-tion contract. It was enough to frame our work together as a partnership.

I, the mentee, need from you, the mentor… Individual attention Your expertise Your support and encouragement Open and honest feedback Trust

You, the mentor, can expect from me,the mentee… Eagerness to learn Willingness to ask for help Willingness to take risks Open and honest feedback Trust

Refine your goals with your mentor’s help. I personally use the classic SMART goal-setting model: Specific, Measurable, Attainable, Realistic, and Timed.

Determine how to interact, and with what frequency. Find the best ways for you to exchange feedback. Face-to-face is ideal, but virtual mentoring is increas-ingly popular, and provides the ultimate mentoring portability. E-mail, telephone, texting, social media, Skype….. pathways for staying in touch are nearly endless and increasing every day.

Talk about ending the mentoring re-lationship, right at the beginning. Step 5 should not come as a surprise. What will indicate that it’s time for a change, from both perspectives? Also talk about how you will communicate if the mentoring is not working out, for any reason.

4. CONTACT your mentor as planned. One of the great hurdles for Human Re-sources professionals is asking for help.

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Five Steps continued from previous page



About the Author:Susan deGrandpré, MSEd, owner of Collaboration Consult-ing, is a consultant, speaker, trainer, and mentor to mentors. She teaches leaders to improve their bottom line by tapping the collective talent in their businesses. Building on a long leader-ship and consulting career, she partners with clients to help them solve their own problems through masterful teamwork and communication. Susan is the author of numerous articles,

and the book “Common-Sense Workplace Mentoring: A do-it-yourself system for strengthening your business…one person at a time.” She works with for-profit, not-for-profit, and government organizations, and is an adjunct faculty member at Central Maine Community College and Southern Maine Community College. She is a Director of the Association for Consulting Expertise, and an active member of the Human Resources Association of Southern Maine. Her website is www.CollaborationConsulting.biz.

We earn our living sharing our expertise, and it is difficult to tap someone else’s. I have no other advice than to “just do it.” Having a mentor does no good if you don’t use that person. Your mentor cannot guess at how to help you. These contacts should be high priorities for both of you.

5. EXAMINE OR END the formal men-toring when you achieve your goals, or when new needs arise that change your direction. This may mean you re-contract around new goals, move into a less formal relationship, or find a new mentor. Men-toring is a long-term relationship, but it need not be for life. Human Resources professionals are smart, ambitious, and creative. We learn quickly, and move on to new goals. Mentoring should be totally relevant to what is going on for you at any given time. When the relevancy lessens, that’s a clue it’s time to change. Ending the formal mentoring is not an insult to the mentor, rather a tribute to how helpful that person was. Very often, mentors and mentees remain close friends, and men-toring continues informally, as needed.

In summary, to help you get started, here is a brief format to brainstorm your approach to these five steps. Practice being mentored by asking others to help you with this preparation. The format can also be used

to contract with your mentor, keep records of progress, and to contract when you’re the mentor.1. What do I want to accomplish?

What do I need to keep/start/stop doing to get there?

2. Who are potential mentors, and how might they help? What are criteria for choosing among them?

3. What are the important points to include in my mentoring contract?

• Roles • Goals4. Contact. When, where, how will my

mentor and I meet?5. It will be time to end or alter this men-

toring relationship when...

Watch your career grow!

Direct Personnel, LLC takes pride in our traditional Maine values of honesty and integrity. With over 35 years experience and now with the additional resources of Maine Staffing Group, Direct Personnel can assist in all office disciplines from the mailroom to the boardroom finding administrative, accounting, medical or legalemployees on short or long term assignments. Let our innovative and responsive team go to work for you.

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What will I save by partnering with Direct Personnel?What will I save by partnering with Direct Personnel?

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Maine Workers and Marijuana:

When is Illegal Legal?Maine’s new medical marijuana law presents complex challenges for employers in addressing drug use by employees (22 M.R.S.A. §§ 2421 - 2430-A). The authors of this article have traversed the state, speaking to business groups, companies, and municipalities about this new legisla-tion. The information provided not only reflects the practical advice they have been sharing with employers, it also incorporates the experience and insights of the management community who have attended the workshops. The bottom line message is that it will be just a matter of time before most employers wrestle with the subtleties of this new law, and knowing where some of the landmines may be buried will help employers manage risk and keep their workplaces safe.

Maine’s New Law Drug and alcohol impairment in the workplace is a very real concern for employers. The statistics are troubling. In 2007, more than eight percent of full-time employees in the Unit-ed States used illicit drugs,2 nearly nine percent reported heavy alcohol use,ii and about three percent admitted to using drugs before or during work hours.3 Employees who engage in illegal drug use tend to be less produc-tive and have higher rates of absenteeism. Studies have shown a correlation between implementing workplace drug-testing policies and a decrease in workplace ac-cidents. In Maine 4% of job applicants who were drug tested had positive marijuana tests.4

Maine’s new medical marijuana law allows individuals with debilitating medical conditions to gain access to marijuana by either growing it themselves, having a designated caregiver grow it for them, or purchasing it from one of eight approved medical marijuana dispen-

saries. The new law is certain to result in more people having legal access to marijuana, and at some

point one of them is likely to be your employee. As an employer, you must now deal with the seemingly intractable conflict

between the fact that marijuana is an illegal drug under federal law, yet it has been legalized for medical use here in Maine.

Tread Carefully We’ve faced a barrage of great questions at our workshops. Here are some of the most common ques-tions from employers: May an employee now possess and/or use medical marijuana at work? May I do anything if an employee is impaired at work because he uses medical marijuana? May I remove a medical marijuana user from a safety-sensitive position? May I discipline and terminate an employee who reports to work impaired by medical marijuana? When faced with those types of questions, employers must tread carefully because the statute contains some protections for medical marijuana users in the workplace. The new law states that an employer “may not refuse to . . . employ . . . or otherwise penalize a person solely for that person’s status as a registered qualifying patient” (22 M.R.S.A. § 2423-E[2]). Regulations that have been adopted by the Maine De-partment of Health and Human Services state that a medical marijuana user “may not be denied any right or privilege or be subjected to any penalty or disciplinary action . . . for lawfully engaging in conduct involving the medical use of marijuana” (22 M.R.S.A. § 2423-E[1]). The rules also provide that a person may not be subjected to “disciplinary action, including disciplin-ary action by a business[,] . . . for lawfully [using medical marijuana]” (Ibid.) At the same time, the rules make clear that employers aren’t required to “accommodate” employees “working while under the influ-ence of marijuana” (DHHS Rules 10-144 C.M.R. Ch. 122).

Short Answers Like many of these workplace employment law questions, there is a tendency to answer with the familiar retort, “it depends.” With the disclaimer that each case you face needs to be evaluated based on the facts (i.e. the devil lies in the details), we’ve provided some simpler and generalized answers to the questions we just posed in the prior section:• No, the new law does not require an employer to allow an employee to bring marijuana to work and use the substance at work.

Peter D. Lowe is a partner at the law firm of Brann & Isaacson in Lewiston who provides advice and counsel on labor and employment law and education law. Peter serves as lead labor counsel for some of the premier employers in Maine, including L.L. Bean, Inc. In this role, he advises

clients on personnel practices and employee relations matters, including discrimination and harassment issues, layoffs and plant closures, union grievances and collective bargaining, disability and religious accommodation issues, conducting and supervising internal investigations, coordinating state and federal leave laws, and negotiating and drafting employment contracts and separation agreements.

About the Authors:David Ciullo is President of CMA-Career Management Associates and is both an Executive and Career Coach delivering positive results that make a difference in Northern New England.



• If an employee is impaired at work because of his medical marijuana use, you may remove him from work immediately. Make sure he can get home safely, and evaluate whether he is out on leave until a medical provider clears him to return to work or declares him unsafe to work.• While medical marijuana use is not an auto-matic bar to the person working in a safety sensi-tive position, it does raise some significant safety questions. We recommend that you consider a fitness for duty evaluation, and rely upon your ex-pert medical provider to determine whether the employee can safely perform his work duties.• The discipline question is likely to be litigated in the courts, and we recommend that any employer considering discipline for conduct that may be related to medical marijuana use should consult with counsel.

Do’s and Don’ts It’s clear that you may not refuse to hire an employee solely because he is a registered medi-cal marijuana user. It also seems clear that you may not discipline an employee simply because he uses medical marijuana in accordance with Maine law. At the same time, you may still:• Impose “a restriction on the administration” of marijuana on the premises when it is “inconsis-tent with the general use of the premises;”• Refuse to accommodate the ingestion of mari-juana in the workplace;• Prohibit employees from coming to work or working “under the influence;” and• Discipline employees for using and possess-

ing substances of abuse (including marijuana) at work if it violates your workplace policies. Also, it remains unlawful to operate a motor vehicle while under the influence of marijuana or undertake any task while using marijuana that would constitute negligence or malpractice or would violate any other professional standard.

Federally Regulated Employees Some employers fall under the federal drug testing rules (e.g. drivers requiring a CDL li-cense). The federal requirements for testing still apply to these employees. You may take action against employees who must be drug tested under federal law for testing positive for marijuana even if they are approved to use medical marijuana un-der Maine law.

Applicant Test Results The picture is different for employees and applicants who are subject only to the state test-ing requirements. The most common type of drug test given by Maine employers is the pre-employ-ment screening of applicants. Prior to the passage of this legislation, employers rescinded job offers to all applicants who tested positive for marijuana. Now if an employee or applicant tests positive for marijuana, the medical review officer will contact that person and inquire whether he is a registered medical marijuana user. If he establishes that he is a registered medical marijuana user, the employer may decide whether it wants the positive test reported to it by the medical review officer. We

understand from the state that you will have this choice. If information about a positive applicant test is passed along, you will then have to decide whether the test results disqualify the individual from the job you have offered him. It seems clear from the new law that you may not automatically refuse to hire an applicant “for lawfully engaging in conduct involving the medical use of marijua-na” unless doing so would violate federal law. We advise clients to discuss the test results with med-ical staff to determine whether a fitness for duty evaluation is necessary based on the requirements of the position. In safety-sensitive positions, it is possible that the applicant may be unable to safely perform the job.

Final Thoughts What should you be doing? We are advising clients to review their existing substance-abuse policies and make them consistent with the new law and drug testing policies. We recommend that employers define what it means to “be under the influence.” We are also suggesting that employers consider greater use of fitness for duty evalua-tions, including post-offer medical screenings. In the past months, hundreds of medical mari-juana cards have been issued around the state. Marijuana plants are being cultivated for users, and dispensaries are preparing to open their doors. It will only be a matter of time before you’re faced with either an applicant or an employee who is a registered user. The more you anticipate some of the tricky issues, the better prepared you will be to address them.

1Substance Abuse and Mental Health Services Administration, Office of Applied Studies (2008). Results from the 2007 National Survey on Drug Use and Health: National Findings (NSDUH Series H-34, DHHS Publication No. SMA 08-4343). Rockville, MD. 2Ibid. 3Frone, M. R. (2006). Prevalence and distribution of illicit drug use in the workforce and in the workplace: Findings and implications from a U.S. national survey. Journal of Applied Psychology, 91, 856-869. 4Huff, L.J. Maine Department of Labor, Bureau of Labor Standards (2009). Substance Abuse Testing Report 2008: An Annual Report. Augusta, ME.

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Third Quarter 2010 11

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hile working with a management team awhile back, I heard a great example of one of the most important communication skills for someone in a position of power to de-velop:

If you’re a manager and you want to maxi-mize employee engagement, morale, and motivation, you need to know how to make it comfortable for your employees to bring up difficult issues that might be leaving them feeling less engaged and less motivated.

The communication pattern I call “Men-tioning the Unmentionable” will help you do this.

Even Though We’re Upset, The Boss Never Hears About It

Before I share what he said and what hap-pened, let me first put this language pattern in context. Whenever one person has more power in a relationship, such as a boss or parent, there are things they do that annoy, frustrate, and even hurt those with less pow-er, but—because of the power difference—

the person with less power won’t tell them. For instance, have you ever had a boss

who:– Frequently interrupted you?– Didn’t listen, but just talked at you?– Asked or told you to work over the

weekend, or some other “above and be-yond the call of duty” task, and never bothered to thank you?

– Spoke to you in a rude or overbearing way?

– Micromanaged?Think of how many of those situations

happened without you saying something. Anyone who has been in the workplace for any length of time has a whole collection of these incidents.

We learn to “pick our battles” and “grin and bear it.”

The problem about this for managers is that each time these situations happen, the employee feels a little less excited about be-ing there, a little less engaged, a little less

motivated.They care less and less over time.

Since So Few Employees Report Being Engaged, We Can’t Afford

to Create Lower Levels of Engagement

Since Gallup’s research shows that only 26 percent of the workforce reports high levels of engagement, and 55 percent are essentially going through the motions, not finding out if you’re doing things that lead to disengage-ment is pretty costly.

But it isn’t just those thoughtless or rude behaviors that we need to find out about; it’s also the ineffective, counterproductive management practices we unknowingly en-gage in. Just like the person with bad breath doesn’t realize it until someone points it out, we don’t recognize what we’re doing that’s

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By David Lee, Founder, HumanNature@Work



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counterproductive unless we get feedback.That’s where “Mentioning the Unmen-

tionable” comes into play. As the name implies, this

language pattern involves bringing up an issue that the other person is unlikely to bring up. While the power differential is a ma-jor reason why em-ployees don’t bring up certain issues, “Mentioning the Unmentionable” can be applied to any situ-ation where you think the other person is un-comfortable being the one to raise the issue.

Back to The StoryThe management team’s company was go-

ing through significant changes. We were talking about how to make it comfortable for their people to speak up about their con-cerns. One of the managers, Steve, shared this story:

After getting the results of their employee survey, he went to his team and let them know that there were some general percep-tions employees had about their managers that he was concerned about, and wanted to

check with them to see if he was engaging in these or other practices they found counter-

productive. Silence.

Rather than offer an awk-ward “Ahh, OK, well… if

there is anything, let me know” and scurrying on to the next subject, he Mentioned the Unmentionable.

He said, “Well let me ask you this: one of the areas men-

tioned in the survey was that employees felt

like there was too much micromanaging. Do you

ever feel like I get too in-volved in your projects?”

Heads started to nod. Then people started talking.

By asking them about this specific issue, rather than just leaving it as a generic “Is there anything I’m doing that bugs you?” question, he sent the message:

“It’s OK to talk about this.”

You Need to Let Them Know,“It’s OK to Talk About This”

By putting on the table a potentially touchy topic, you give the person with less power permission to talk about it.

You might think “I’m not some big scary person. They don’t need my permission to bring up an issue!”

We often forget that while we might not feel like we seem imposing or intimidating, if our position carries power, that has an ef-fect on most people in terms of what they will—and won’t—share with us.

Mentioning the Unmentionable helps re-duce their reluctance because it let’s them know you’re open to talking about the issue you just “mentioned.”

But What if You DisagreeWith Their Perception?

Now, just because the other person shares their point of view doesn’t mean that you are obligated to adopt wholesale request or change your position.

So for instance, if you notice the expres-sion on an employee’s face looks hurt after you give her negative feedback, and you ask her if she feels your feedback is unfair or in-accurate, and she says “Yes, I do” that doesn’t mean you’re supposed to say:

“OK, I take it back.”Obviously your next move is to get her to

talk about her perspective. Out of this dis-cussion, you might find yourself changing your perspective or you might realize you need to do a better job explaining your as-sessment.

HRT



About the Author:David Lee, the founder of HumanNature@Work, helps employers improve employee engagement, customer service, and morale,

though his work as a trainer, consultant, and coach. He has worked with organizations and presented at conferences both domesti-cally and abroad.

An internationally recognized thought leader in the field of employee engage-ment and performance, he is the author of over 60 articles and book chapters on employer branding, onboarding, and other topics related to employee performance that have been published in trade journals and books in the US, Europe, India, Australia, and China. For more of his articles, go to HumanNatureAtWork.com

You Can’t Resolve it if You Don’t Know What it IsRegardless of what comes out of the conversation, the point is,

without Mentioning the Unmentionable you never get to discuss the issue, and so it goes unresolved.

With Mentioning the Unmentionable, you get to the heart of an issue and open the door to resolution and moving on.

In the case of Steve, by Mentioning the Unmentionable, he gained valuable feedback from his employees about how he could be an even better manager.

The result? A more motivated, engaged, and productive team.So, if you want to build stronger relationships and resolve issues

that might be hindering employee engagement and damaging morale, practice Mentioning the Unmentionable.

Next Steps1. Pay attention to relationships where you’re in a position of power

and look for opportunities to make it more comfortable for people to speak up by Mentioning the Unmentionable.

2. If you pick up on facial cues that someone is upset, ask them to share what’s going on. Put words to what you think they might be feeling or thinking. When you do put words to what they might be thinking and feeling, make sure you do it in an exploratory way, e.g. “Are you thinking…” or “I’m wondering if you’re feeling…” Don’t phrase it in an assumptive way “It looks like you’re upset because you’re not getting your way.” Few things alienate people more than telling them what’s going on in their inner world.

3. If you’re not sure of what the “Unmentionable” might be if you’re having difficulties with someone who has less power than you, ask a sensitive colleague or friend what they think might be going on with the person and generate respectful ways of bringing this up. When I say “respectful” I mean nonintrusive, door-opening ways. If you’re not sure, again, get feedback from this friend. “Hey, I’m thinking of saying this _____. How does that come across in your opinion?”

4. For more information on the mechanics of Mentioning the Un-mentionable, see my article How to Start a Difficult Discussion Off Right: The “Declaration Followed By Invitation” Format at Human-NatureAtWork.com.

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MaineHR Convention

1 6 t h A N N U A L

❝In an HR Minute❞

www.mainehr.com

May 10-13, 2011at the Samoset Resort

INSIDE:Welcome and General InformationPAGE C2

Sponsor and Exhibitor ListPAGE C3

Keynote SpeakersPAGE C4

Complete Convention SchedulePAGES C5-C11

LEAD CONVENTION SPONSOR

PRE-APPROVED for up to 22 general credit hours and up to 17.5 strategic

business credit hours.The use of this seal is not an endorsement by the HR Certification Institute

of the quality of the program. It means that this program has met theHR Certification Institute’s criteria to be pre-approved for recertification credit.


In AnHR Minute

~ E X P O E X H I B I T O R P A R T I C I P A N T S ~

~ L E A D C O V E N T I O N S P O N S O R ~

~ T H A N K Y O U T O O U R S P O N S O R S ~

Have We Got an HR Minute for YOU!This year’s convention provides an exciting array of keynotes, workshops, and countless opportunities to learn from and share information with your peers from across Maine and Northern New England. The MaineHR.com/Northern New England Law Publishers team is at your service throughout the convention. Please visit us at the Registration and Welcome desks whenever a question arises. We’re here to make your convention memorable!

Is this the best HR Convention inthe country? Quite likely.

IMPORTANT NOTICE. Materials provided for the convention and presentations made at the convention, including materials provided online and in any handouts, are neither intended nor should be considered to be specific legal, human resources, accounting, or other professional advice. Please consult an attorney, accountant, or other appropriate professional for specific advice about specific is-sues. All opinions expressed herein, at the convention, or in any convention materials are those of the author(s)/presenter(s) and not necessarily those of Northern New England Law Publishers/MaineHR.com, SHRM’s Maine State Council, or any convention sponsor.

BUD BERNSTEINConvention Manager

HEATHER BASSETTEXPO Manager

Why?It’s a result of a creative collaboration between MaineHR.com/Law Publishers, SHRM’s Maine State Council, the 8 SHRM chapters in Maine, and a great team of ambassadors, speak-ers, sponsors, and EXPO participants. Please visit our sponsors’ booths – so much of what you see at the conference is made pos-sible by their generous support.

Where’s the Schedule?Turn to page C5 and see all the “who’s, what’s, where’s, and when’s” of the conference. Look for a Daily Convention Update at the registration desk, which will announce schedule changes and other key information.

May I Change My Course Selections?You will receive a list of your course selections when you reg-ister. Please attend your chosen courses. If you did not choose in advance or want to change classes you are welcome to attend any classes with open seats. In some cases classrooms are full and those rooms will be posted.

Where are the Written Materials?As part of our “Green” convention efforts, speaker materials are posted online. They will remain online through the summer at www.mainehr.com/convention/resources. If you need your special access code, please visit the convention registration desk. We’re proud to lessen the convention’s impact on the Earth.

How Do I Get to the Farnsworth Museum Workshops?

If you selected the Wednesday morning workshop with Margaret Morford or the Thursday morning One-person HR Department workshop, your bus departs the Samoset at approximately 9:50 a.m. that day. We’ll provide lunch at the museum, and your bus returns to the Samoset for the afternoon keynote.

What if I’m New to the Convention?Please visit the Welcome Desk hosted by Geiger, where our team will offer great advice for maximizing your time at the convention.

What Else Happens at the Welcome Desk?Register for bonus lunch roundtables, early morning workshops and exercise sessions. See the menus of area restaurants and discov-er some of the fun, extracurricular activities in Midcoast Maine.

Is a Name Badge Required for Entry to All Events?Yes!

Should Cell Phones be in Silent Mode?Yes!

Can I Earn PHR/SPHR Credits?Yes! Visit the convention registration desk for forms and infor-mation. HRCI has pre-approved the Maine HR Convention for up to 22 hours of general credit and up to 17.5 hours of strategic business credit.

Anything Else?Just a thing or two… Shop at the Silent Auction. Visit the Inter-net Café for your email. Peruse the books at the Owl & Turtle. Get a great cup of coffee from the baristas from Bard Coffee. Visit our spa for a shoulder massage. Play in the golf tournament. Attend any or all of three receptions. Dance and sing along at the night club on Wednesday and Thursday. Discover the value of SHRM membership, participation in the local SHRM chapters, and the Best Places to Work program. And celebrate your chosen profession – HR – on the coast of Maine in spring!

P A G E C 2


www.mainehr.com

Acadia Benefits, Inc.AdeccoADP - Automatic Data ProcessingThe Advertising Specialists of Maine, Inc.AetnaAllen Insurance and FinancialBangor Daily News/MaineVilleJobs.comBisson Moving & StorageThe Bonetti Group @ Morgan Stanley Smith BarneyCatholic Charities Maine Language PartnersCGI Benefits GroupChase Financial ServicesClark InsuranceClearPointColonial LifeConcentra Medical CentersCross Employee BenefitsCustom Creations Gift Baskets

Dale Carnegie Training of MaineDirigo Health AgencyESGR - Employer Support of the Guard and ReserveGo Maine Commuter ConnectionsHealey & Associates, Inc.Higgins CorporationKilbride & Harris Insurance Services, LLCLawyer Referral & Information Service of the Maine State Bar AssociationL.L. Bean Direct to BusinessMaine Community College SystemMaine’s NEW Innovative Education Initiatives – Maine DOLMaine SHRM State Council/Best Places to WorkManpowerMichael C. FinaMOHCA - Maine Occupational Health Clinics AssociationMoney Management International

Norton Insurance & Financial ServicesPaychex, Inc.Pine Tree Orthopedic LabPortland Schooner Co.Powerstone SolutionsThe Rowley Agency, Inc.SHRMSafety Works/Maine DOLTD Insurance, Inc.Terryberry CompanyThomas CollegeUnited InsuranceWaddell & ReedWillis HRHWindham GroupWorkforce Performance SolutionsWorkplace Health at MaineGeneral Medical Center

~ E X P O E X H I B I T O R P A R T I C I P A N T S ~

~ L E A D C O V E N T I O N S P O N S O R ~

~ T H A N K Y O U T O O U R S P O N S O R S ~

P A G E C 3


~ MAINE HR CONVENTION CONFERENCE SCHEDULE ~

Margaret Moford is one of the great, strategic HR communicators on the national scene. She visited the Maine HR Convention in 2008, and we’re delighted to welcome her return. Margaret will deliver a keynote on “Workplace Trends: HR Survival Secrets for the Next Decade,” which will look at everything from changing family structures to the need for management styles not currently in existence. She also brings to Maine a workshop called “Once Upon a Time: Using Storytelling to Inspire Teamwork and Build Positive Culture.”

BRENTWOOD, TENNESSEE

Izzy Gesell, MS Ed, CSP, is an “organizational alchemist.” His skill is in transforming something commonplace into something special. “Practiced Spontaneity in HR” is his seriously humorous take on using Improvisation Theater skills to build HR thinking, communication, and team building skills. As author of “Playing Along: Group Learning Activities Borrowed from Improvisation Theater,” Izzy was one of the first to bring the concepts of Improv Theater into the business world. He has also contributed to the International Association of Facilitator’s Handbook.

NORTHHAMPTON, MASSACHUSETTS

Pam returns to the Samoset as the top-rated speaker from the 2009 convention. She is a nationally-recognized expert on time management - but with her own twist defined as “focus management.” Her keynote, “The HR Professional as GPS,” takes a strategic look at how you are positioned in your organization. And Pam joins us for a workshop as well, this time with a lesson on focus management with style. Witness her creative and innovative approach in her book, “Beyond the Ice Cream Cone: The Whole Scoop on Food at the 1904 World’s Fair.”

ST. LOUIS, MISSOURI

One of Ryan Estis’ great passions is to help you prepare for the arrival of the burgeoning Millenial Generation. It’s a generation with different expectations, and they will challenge traditional workplace values and norms. His tools are knowledge transfer and awareness, and he’ll leave you with a roadmap for integrating this generation with the needs, attitudes, and distinct styles of three other generations at your workplace. Ryan is one of the premier HR speakers on the SHRM national stage and the highest rated speaker at the 2010 Maine HR Convention.

MINNEAPOLIS, MINNESOTA

As founder of People Ink, Ann Rhoades provides the inspiration and strategic direction for creating values-centric workplace cultures. An experienced HR expert, she is known for creating corporate cultures based on values, customer service excellence, and employee engagement. Prior to founding People Ink, Ann served as the Chief People Officer of Southwest Airlines, Promus Hotel Company (Doubletree Hotel, Homewood Suites, Embassy Suites, and Hampton Inn brands), and JetBlue Airways. She is the author of “Built on Values.”

ALBUQUERQUE, NEW MEXICO

Angus King was Maine’s 72nd Governor and the second Independent to hold that office. His crowning achievements included work on the Land for Maine’s Future program and the initiative that provided laptops to Maine’s middle school students. Before his two terms as governor, Angus was a successful businessman and host of the MPBN series “Maine Watch.” Now on the faculty at Bowdoin College, he also serves as this convention’s historian. His keynote is another leadership and crisis management lesson: “JFK and the Cuban Missile Crisis.”

BRUNSWICK, MAINE

www.peopleink.com

www.ryanestis.com

www.designsontime.com

www.izzyg.com

www.thehredge.netMARGARET MORFORD

IZZY GESELL

PAM VACCARO

RYAN ESTIS

ANN RHOADES

ANGUS KING


www.mainehr.comIn AnHR Minute

TRACK AEMPLOYEE MANAGEMENT

AND DEVELOPMENT

TRACK BLEGAL COMPLIANCE

AND RISK MANAGEMENT

~ MAINE HR CONVENTION CONFERENCE SCHEDULE ~TUESDAY, MAY 10

8:30am–11:30am SCHOONER MAINE STATE COUNCIL LEADERSHIP MEETING (2.0 strategic credits) This pre-convention time is reserved for the SHRM State Council in Maine for leadership training. It is open to

SHRM State Council members and board members of SHRM’s eight affiliate chapters in Maine. Session leaders: Kristine Avery, SPHR (Director, Maine SHRM State Council); Janet Parker, SPHR, GPHR (SHRM’s Chief Global Membership Officer); Sandra Monfiletto, SPHR (Chief Administrative Officer, Martin’s Point Health Care); and Laurie

Minott (VP of Human Resources, Martin’s Point Health Care). With special thanks to Leadership Day Sponsor: Fit2WRK

9:00am– 7:00pm CONVENTION REGISTRATION OPENS Welcome! Convention Registration, the Welcome Center (hosted by Geiger), and the SHRM Silent Auction (hosted

by FA Peabody) remain open throughout the day. You also may visit the Owl & Turtle Bookstore (hosted by Harvard Pilgrim) and the Internet Cafe (hosted by MyJobWave.com). Special thanks to: Convention Sponsor - MEMIC. Convention Tote Sponsor - Bernstein Shur. Wellness/Spa Sponsor - Insurance Trust. Lanyard Sponsor - The Holden Agency. Strategic Partner - Lebel & Harriman.

9:30am–11:30am SPRUCE HEAD PRE-CONVENTION WORKSHOP 1: A STRATEGIC ROLE FOR HR (2.0 strategic credits) Suzanne Benoit, SPHR, from Benoit Consulting in Falmouth, will help participants learn the fundamentals of a sound

strategic planning process; how to plan a major project from start to finish; and finally, how to promote strong HR involvement in companies where this may not be current practice.

9:30am–11:30am PEN-BAY PRE-CONVENTION WORKSHOP 2: HIRING BEST PRACTICES IN MAINE (2.0 general credits) Set up a great on-boarding process for your organization by joining this introductory session with Anne-Marie

Storey, an attorney with Rudman & Winchell in Bangor and Past-President of the HRAEM SHRM chapter in Maine.

11:30am–1:00pm EXPO HALL LUNCH, SILENT AUCTION AND HR CONVENTION NEWSCAST Join our buffet lunch, then head to the SHRM Silent Auction for a bonanza of fine items. And look for our twice

daily “Convention Newscasts” on the convention floor and online, courtesy of Media Sponsor: JobsInME.com with production assistance from Filmosity. Barista-made coffee anyone? Courtesy of Coffee Sponsor: Cairn Leadership School.

1:00pm–2:15pm KEYNOTE HALL CONVENTION OPENS! KEYNOTE: MARGARET MORFORD (1.25 strategic credits) Workplace Trends: Survival Secrets for the Next Decade. Margaret Morford, one of the great, strategic HR thinkers

on the national scene, joins us from Brentwood, Tennessee. The workforce of the future will look dramatically different from today. New employee demographics, attitudes, and needs will mean a radical shift in the way we

conduct business and manage talent ten years from now. Special thanks to Tuesday Keynote Sponsor: Combined Benefits United.

2:30pm–4:00pm KEYNOTE HALL SOCIAL NETWORKING AND TECHNOLOGY (1.5 general credits) It’s a new day in the Maine workplace. Observe the legal consequences of workplace technology and its

connection to employee productivity and your bottom line. Dan Rose, from Drummond Woodsum in Portland, will help you understand the pros and cons of Google searches and other online background checks.

2:30pm–4:00pm SCHOONER WORKPLACE RESPONSE TO DOMESTIC VIOLENCE (1.5 general credits) Through a new video toolkit and under the guidance of Kate Faragher Houghton and Jill Barkley (Maine Coalition to

End Domestic Violence), you will learn how to create a comprehensive response to domestic violence.

P A G E C 5


~ M A I N E H R C O N V E N T I O N C O N F E R E N C E S C H E D U L E ~

In AnHR Minute

TRACK CA STRATEGIC ROLE

FOR HUMAN RESOURCES

TRACK DHUMAN RESOURCES

SKILL BUILDING

TRACK ECOMPENSATION AND BENEFITS

TUESDAY, cont.

2:30pm–4:00pm SPRUCE HEAD MAGNETIC LEADERSHIP (1.5 strategic credits) Magnetic leaders create a force around them that attracts and retains the right people. Dianne Durkin, from

Portsmouth, New Hampshire, will help you engage the inner powers of your organization to build resilence from outside pressures.

2:30pm–4:00pm OWL’S HEAD WHAT HR PROFESSIONALS MUST KNOW TO BE SUPERSTARS (1.5 general credits) Becoming an HR Superstar is about managing ourselves and the individuals, teams, departments, and resources

within our organizations. David Pease (VP of HR at Androscoggin Bank) and Catharine MacLaren (COO, Workplace Performance Solutions) provide real-life examples and practical strategies for handling HR challenges.

2:30pm–4:00pm PEN-BAY THE ABC’S OF HEALTHCARE REFORM (1.5 general credits) Health insurance is a crucial concern of employers and employees alike – perhaps only exceeded by issues of

job security. Mandy Bartoshesky, JD, MPH, and John Scholl, CLU (Gallagher Benefit Services in Philadelphia and Braintree, Massachusetts), provide a broad overview of healthcare reform and its connection to your employees.

4:15pm–5:00pm KEYNOTE HALL CONVENTION OPENING CEREMONIES: JUSTON MCKINNEY Juston McKinney will help everyone – from first-timers to convention veterans – get the most out of

convention week. A comedian with Maine and New Hampshire roots, two appearances on the Tonight Show, and his own Comedy Central special, Juston leaves people laughing all across America. His funny “HR Minutes” will set the stage for all that follows.

5:00pm–6:30pm CLUB HOUSE GRAND RECEPTION Please enjoy treats from the hors d’oeuvres table, connect with acquaintances, make new friends, and get

acclimated to the full week of convention activities about to unfold. Special thanks to our sponsors: Coldwell Banker Relocation Services and Key Bank.

6:30pm–9:00pm SHRM CHAPTER DINNERS The SHRM chapters in Maine host Dutch Treat dinners at area restaurants.

WEDNESDAY, MAY 11

SAMOSET 6:45am–7:30am HEALTH MORNING ZUMBA EXERCISE SESSION CLUB

7:00am–7:00pm REGISTRATION DESK OPEN Welcome! Convention Registration and the Welcome Center remain open throughout the day. Visit the Owl &

Turtle Convention Bookstore, the SHRM Silent Auction, and the Internet Cafe. THANK YOU Convention Sponsor – MEMIC. Workshop Sponsors - Combined Benefits United, True North Financial Group, Health Advocate, Inc., and Southern New Hampshire University. Transportation Sponsor - Preti Flaherty.

7:00am–8:00am PEN-BAY EARLY BIRD PROGRAM: DIGITAL RECRUITING WORKSHOP (1.0 general credit) Audra Becker, from Career Management Associates, will discuss the types of social media being used, and the

group will go online to see some of these sites in action in a series of candidate searches.

7:00am–8:30am EXPO HALL BREAKFAST IS SERVED! Thank you breakfast sponsor: Anthoine Financial Group.

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www.mainehr.com


TRACK FSPECIAL ONE-ON-ONE

SESSIONS


FOR HUMAN RESOURCES


SKILL BUILDING



AND DEVELOPMENT


AND RISK MANAGEMENT

WEDNESDAY, cont.

8:30am–9:45am KEYNOTE HALL KEYNOTE: RYAN ESTIS (1.25 strategic credits) Generation NeXt Knowledge Transfer. Ryan Estis makes a return appearance to the convention from Minneapolis,

Minnesota. The audience will learn the business case for an evolved work style design, core drivers for the next generation of talent, and how to leverage technology to attract and retain employees and to teach them how to lead. Special thanks to MaineJobs/Monster, sponsor of the Wednesday Keynotes.

10:00am–12:00pm MUSEUM HOW STORYTELLING INSPIRES TEAMWORK AND CULTURE (2.0 strategic credits) Board the convention bus to the Farnsworth Museum with Margaret Morford. Since the beginning of time, we

have employed storytelling to build a common sense of purpose and to illustrate complex concepts. This powerful management tool can help HR move groups in a specific direction and make individuals resilient when the mission becomes difficult. Seating limited to those registered. Bus departs Samoset at 9:50 a.m. Lunch at the museum,

with the bus returning to the Samoset for the afternoon Keynote. Special thanks to Strategic Partner: Lebel & Harriman.

10:15am–11:45am SPRUCE HEAD CREATING PASSION FOR CHANGE (1.5 general credits) Bob Faw, Chief Ignition Officer at the Matchbox Group in New Hampshire, will use a video business case study and

other active learning simulations to show you how to make your company come alive and embrace change.

10:15am–11:45am KEYNOTE HALL POST-TERMINATION BEST PRACTICES IN MAINE (1.5 general credits) Larry Winger, author of the “Maine Employer’s Handbook,” will help you manage: 1) Maine’s Last Pay Check law and

vacation pay requirements; 2) fringe benefits issues, COBRA, severance pay, and unemployment compensation; 3) proper documentation; 4) exit interviews; and 5) references and out-placement services.

10:15am–11:45am OWL’S HEAD REAL WORLD RECRUITING SOLUTIONS (1.5 general credits) The labor pool may be plentiful now, but that will not always be the case. Stephen Ham, President of Agile Executive

Search in Cape Neddick, will help you identify your recruiting challenges, effectively manage search priorities, develop real world strategies to sift through high volumes of potential candidates, create a new age rolodex of potential senior level candidates, and gain management buy-in.

10:15am–11:45am SCHOONER HEALTH CARE: STATE OF THE STATE (1.5 strategic credits) HR should be your organization’s “Knowledge Center” for explaining the short-term and long-term effects of health

care reform. Joel Allumbaugh, CEO of National Worksite Benefits Group in Hallowell and President of the Maine Association of Health Underwriters, will examine Maine’s legislative and policy responses to the federal legislation and how that translates to the health insurance market in Maine and your organization’s healthcare decisions.

10:15am–11:45am PEN-BAY 30-MINUTE POWER DIALOGUES (1.5 general credits) Fran Liautaud from D. Gallant Management Associates leads this special two-part program. Part 1 is the group

training, which describes how Power Dialogues can help you gain respect as a leader who listens, asks questions, and empowers others. Part 2 involves an individual 30-minute Power Dialogue, where you can discuss a personal challenge and find a solution in an HR Minute. You will schedule your individual session with Fran to take place on Wednesday afternoon, Thursday, or Friday. Limited to 20 participants.

11:45am–1:00pm EXPO HALL LUNCH, ROUNDTABLES, EXPO, AND HR CONVENTION NEWSCAST Enjoy a scrumptious buffet lunch! And for those who enjoy non-stop learning, please join one of several

ROUNDTABLES. Topics and Leaders: 1) Flexible Work Arrangements (Beverly Frizzell-MacCallum); 2) Public Sector HR (Martha Sumner); 3 Language Access and the Multi-cultural Workplace (Malvina Gregory); Breast Cancer Awareness at Work (Donna Grondin); and 5) Substance Abuse at Work (Liz Ashe).

1:00pm–2:15pm KEYNOTE HALL KEYNOTE: ANN RHOADES (1.25 strategic credits) Built on Values. Ann Rhoades - author and HR professional - has been on the ground floor of the creation of several

major enterprises with trailblazing corporate cultures. She will demonstrate that values attract talent and customers. In the process, you will learn ways to exceed the expectations of employees and customers, tailor a values blueprint to your organization’s goals, match values to behaviors, and create the discipline necessary to maintain values in the long run.

P A G E C 7

& CLUB HOUSE



In AnHR Minute


FOR HUMAN RESOURCES


SKILL BUILDING



AND DEVELOPMENT


AND RISK MANAGEMENT

WEDNESDAY, cont.

2:15pm–3:00pm EXPO HALL DESSERT AND HR EXPO Enjoy savory desserts and visit the EXPO Hall to see the wide range of products and services available for Maine’s

HR community. Hosted by: Anthoine Financial Group.

BONUS: Michelle Rich will conduct a workshop called Rx Laughter, a fun and therapeutic session that will help you recharge for the rest of the day! (Limited to 20 participants.)

3:00pm–4:30pm KEYNOTE HALL THE EQ GUIDE FOR HR PROFESSIONALS (1.5 general credits) This session helps HR practitioners understand the Emotional Intelligence (EQ) competency and an employee’s

ability to manage emotional impulses, communicate with others effectively, use empathy, and remain optimistic despite setbacks. Jen Shirkani, CEO of the Penumbra Group, will help you maximize HR impact on your organization by including EQ in talent management strategies.

3:00pm–4:30pm SCHOONER WHO WANTS TO BE A LITIGANT? (1.5 general credits) Through a creative, interactive format, participants will receive ten takeaway ideas to improve your effectiveness in

employment law compliance. Michael Messerschmidt, Elizabeth Olivier, and Matt LaMourie (from Preti Flaherty in Portland) team up to bring you this exciting, HR toolkit event.

3:00pm–4:30pm OWL’S HEAD UNDERSTANDING AND INTERPRETING FINANCIAL STATEMENTS (1.5 strategic credits) Alison Hinson, financial analyst and award-winning radio talk show host, will teach you how to quickly spot issues

on income statements and balance sheets, which will lead you to ask the right questions, demonstrate competence on financial matters, and have an impact on business results.

3:00pm–4:30pm SPRUCE HEAD CONFLICT TRANSFORMATION (1.5 general credits) Learning to address conflict dynamically, effectively, and without fear allows one to unlock hidden potential and move

from impasse to insights and empowerment. Attorney and professional mediator Christopher Causey teams up with Karen Groat from Ingraham Mediation Services. They offer a way to incorporate mediator techniques to address workplace conflicts.

3:00pm–4:30pm PEN-BAY RETIREMENT PLANS AND YOUR FIDUCIARY DUTIES (1.5 general credits) Retirement plan administrators maintain high level fiduciary obligations under ERISA. Steve Gerlach (Bernstein Shur

in Portland) will report on recent developments and trends affecting employers and HR in the administration of this important employee benefit.

4:30pm–6:00pm EXPO HALL GRAND RECEPTION AND EXPO Join reception hosts C. Baker & Associates and Career Management Associates for delicious hors d’oeuvres,

sparkling conversation, and the opportunity to see the products and services offered by over 80 EXPO participants.

8:30pm–11:00pm KEYNOTE HALL HR CLUB NOVOCAIN Join the fun stage show with music by Vegetables By Day. Hosted by: Northeast Delta Dental.

THURSDAY, MAY 12

SAMOSET 6:30am–7:30am HEALTH MORNING YOGA CLUB

7:00 am–7:00pm REGISTRATION DESK OPENS Welcome! Convention Registration and the Welcome Center remain open throughout the day.

Visit the Owl & Turtle Convention Bookstore and the Internet Cafe. THANK YOU Convention Sponsor – MEMIC.

P A G E C 8


& CLUB HOUSE

www.mainehr.com



FOR HUMAN RESOURCES


SKILL BUILDING



AND DEVELOPMENT


AND RISK MANAGEMENT

THURSDAY, cont.

7:00am–8:00am SCHOONER EARLY BIRD SESSION (1.0 general credit) HR Minutes from Around the State. Come listen to your peers’ HR Minutes, hosted by moderator Paul Bolin from

HRAEM, the Bangor area chapter of SHRM.

7:00am–8:30am EXPO HALL BREAKFAST AND HR EXPO Thank you breakfast sponsor Mercer and the 80+ EXPO participants who help create an

amazing convention atmosphere.

8:00am–1:00pm CLUB HOUSE GOLF! The eleventh annual HR Golf Tournament will tee off at 9am courtesy of Golf Tournament Sponsor – The Standard Insurance Company. Barbecue lunch at the Flume Cottage.

8:30am–9:45am KEYNOTE HALL KEYNOTE: PAM VACCARO (1.25 strategic credits) The HR Professional as GPS. Pam joins us from St. Louis, with a strategic roadmap to bring your company and

colleagues back on course when they stray. Learn how to thrive long after the posting of your company’s vision and mission statements. Discover eleven Focus Deficit Disorder strategies to help in this endeavor. With our thanks to JobsInME.com, sponsor of the Thursday Keynotes.

10:00am–12:00pm MUSEUM THE ONE-PERSON HR DEPARTMENT (2.0 general credits) In this special BusTrip to the Farnsworth Museum, Catharine MacLaren (COO, Workforce Performance Solutions)

and Doug Currier (Verrill & Dana in Portland) focus on the array of resources available to assist solo practitioners. Bus departs Samoset at 9:50a.m. and returns for the afternoon keynote. Lunch at museum.

10:15am–11:45am SPRUCE HEAD TRUST ON THE RUN (1.5 general credits) Trusting workplaces are productive, creative, and fun. Janice Cohen (Creator of the Institute for Civic Leadership)

and Kym Dakin-Neal (Director of Short Fuse Interactive) offer creative storytelling techniques that will help you build collaborative relationships, enhance productivity, and tap and share self-knowledge.

10:15am–11:45am OWL’S HEAD EMPLOYEE HANDBOOK AUDIT (1.5 general credits) An effective, up-to-date Employee Handbook is an essential element in your HR toolkit. Peter Lowe (Brann &

Isaacson in Lewiston) provides the knowledge to keep your handbook in compliance with federal and Maine employment laws.

10:15am–11:45am KEYNOTE HALL WHAT WOULD YOU DO? THE HR ROLE IN BUSINESS ETHICS (1.5 strategic credits) HR can engage the C-Suite and the workforce in fostering the ethical pursuit of company goals. Susan Post,

Northeast Regional Director of SHRM, leads a discussion of the current business climate and the ethical compass of the now and future workforce. Panelists: Attorneys James Erwin and Allie McCormack.

10:15am–11:45am SCHOONER IS YOUR ORGANIZATION FISCALLY FIT? (1.5 strategic credits) A quality financial wellness initiative can lead to higher productivity, increased retention, improved benefits utilization,

and better job satisfaction. Jaime Laliberte (Eastern Maine Healthcare System) and Alison Hinson will define financial wellness and review the impact of financial stress on employees and employers.

11:45am–1:00pm EXPO HALL LUNCH, EXPO, HR CONVENTION NEWSCAST AND ROUNDTABLES Enjoy a spectacular buffet lunch! And for those who enjoy non-stop learning, please join one of several

ROUNDTABLES. Discuss topics of the day with your peers. Today’s topics and discussion leaders: 1) Social Networking (Martha Sumner; 2) Language Access in the Multi-cultural Workplace (Malvina Gregory); 3) Having Fun with the Hiring Process (Laura Thibodeau); 4) Time Off Policies (Johnna Major); and 5) Healthcare HR.

P A G E C 9


In AnHR Minute


FOR HUMAN RESOURCES


SKILL BUILDING



AND DEVELOPMENT


AND RISK MANAGEMENT

~ M A I N E H R C O N V E N T I O N C O N F E R E N C E S C H E D U L E ~ THURSDAY, cont.

1:00pm–1:30pm KEYNOTE HALL THE MAINE HR AWARDS Maine’s SHRM State Council presents the second annual Maine HR Awards. Discover who will be the “HR

Person of the Year,” who will be inducted into Maine’s “HR Hall of Fame,” and who will win the “HR Project of the Year.” With thanks to HR Awards Day sponsor, Pro Search, Inc.

1:30pm–2:30pm KEYNOTE HALL KEYNOTE: IZZY GESELL (1.0 general credit) Practiced Spontaneity in HR. HR must be nimble, confident, and creative to thrive and inspire others. The same is

true of Improv Theater performers. This keynote invites participants to embrace the unknown, relate to others without assumption or judgment, relish process as much as focusing on outcome, and enjoy and value working with others.

2:30pm–3:00pm EXPO HALL EXPO AND DESSERT Please visit the many EXPO hall participants who make so much of this convention possible.

And enjoy dessert courtesy of our friends at Mercer.

BONUS: Michelle Rich will conduct a workshop called Rx Laughter, a fun and therapeutic session that will help you recharge for the rest of the day! (Limited to 20 participants.)

3:00pm–4:30pm OWL’S HEAD THE FIVE DYNAMICS (1.5 general credits) Karen Gordon (CEO of 5 Dynamics in Fairview, Texas) and Linda Greer (Organizational Development Consultant for

Hannaford) will offer five learning modalities that affect the work of your employees. This will be a hands-on session.

3:00pm–4:30pm SPRUCE HEAD HOW WAGE AND HOUR ISSUES CAN BREAK THE BANK (1.5 general credits) In this fun, interactive format, Eric Uhl from Fisher & Phillips in Portland will help you with the math of several wage

and hour issues, including the latest developments on the white-collar exemption.

3:00pm–4:30pm KEYNOTE HALL BUILDING BEST PLACES (1.5 strategic credits) The Best Places to Work Program in Maine enters its fifth year, with the SHRM State Council in Maine as principal

sponsor. This workshop provides a treasure trove of information from that program, with Peter Burke (CEO, Best Companies Group) and special guests: Jim Conlon (CEO, Bangor Savings Bank), Belinda Braley (VP of HR, GreenPages Technology), and Brenda Garrand (CEO, Garrand).

3:00pm–4:30pm PEN-BAY EMPOWER YOUR SOURCING: THE ART OF THE CALL (1.5 general credits) This workshop takes a traditional approach to recruiting and turns it on its head by offering several techniques to

make you the “go-to” recruiting expert at your company. Conni LaDouceur (founder of ExecuQuest in Baltimore).

3:00pm–4:30pm SCHOONER WORKERS’ COMPENSATION BEST PRACTICES (1.5 general credits) Join this year-in-review session with attorneys Stephen Moriarty and Kevin Gillis (Norman, Hanson & DeTroy) and

Paul Sighinolfi (Executive Director of the Workers’ Comp Board) will present key Law Court decisions from the past year and recent Board rules and practices that affect Maine employers.

4:30pm–6:00pm EXPO HALL RECEPTION, EXPO, PRIZES, AND THE GOLF TOURNAMENT AWARDS CEREMONY A great networking event with fabulous hors d’oeuvres and prizes! Your hosts today: The Maine State Chamber of Commerce and Anthem BCBS.

8:30pm–11:00pm KEYNOTE HALL HR CLUB NOVOCAIN Join Convention DJ Greg Powers, dance the night away, and sing to your heart’s content at HR KARAOKE. All at

Maine’s premier night club for HR professionals —Novocain’s! Your evening host: Northeast Delta Dental.

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www.mainehr.com


FOR HUMAN RESOURCES


SKILL BUILDING


AND DEVELOPMENT


AND RISK MANAGEMENT

~ M A I N E H R C O N V E N T I O N C O N F E R E N C E S C H E D U L E ~ FRIDAY, MAY 13

7:00am–12:00pm REGISTRATION REMAINS OPEN Welcome! Convention Registration remains open until noon. Visit the Owl & Turtle Convention Bookstore and the

Internet Cafe. THANK YOU Convention Sponsor – MEMIC.

7:00am–8:30am KEYNOTE HALL HR BREAKFAST Hosted by Payroll Management, Inc.

8:00am–9:00am KEYNOTE HALL KEYNOTE: ANGUS KING (1.0 strategic credit) Decision Making Under Fire: JFK and the Cuban Missile Crisis. Convention historian Angus King returns to the

Maine HR stage for the fifth time. Using materials developed for his students at Bowdoin College, he connects this historical reference as a framework for demonstrating crisis management in a REAL crisis, showing different styles for making decisions under stress, and teaching that a non-decision is often a decision. As always, he provides a ten-point HR leadership checklist, which will help you in both routine difficult situations and true crises. Special

thanks to Keynote and Closing Ceremony Sponsor: Springborn Staffing.

9:15am–10:45am PEN-BAY MANAGING EMPLOYEE FOCUS “IN STYLE” (1.5 general credits) In this session with Pam Vaccaro, from Designs on Time in St. Louis, you will study nine personality-based focus

management styles so that you may work with employees and teams to maximize productivity and prevent old habits from sabotaging goals.

9:15am–10:45am KEYNOTE HALL FMLA BEST PRACTICES FOR 2011 (1.5 general credits) This session will compare the federal FMLA with several, separate Maine leave laws that challenge your

HR practices. Katharine Rand and Joanne Pearson, attorneys with Pierce Atwood in Portland, lead this session.

9:15am–10:45am SPRUCE HEAD WORKFORCE TRENDS AND SUCCESSION PLANNING (1.5 strategic credits) David Liddell, president of SKYE Business Solutions, will discuss the specific demographic shifts underway and the

resulting generational differences in work styles that impact your business. He will then outline the role of human resources in connecting the demographic shift and generational work preferences into an effective succession planning process.

9:15am–10:45am SCHOONER DECODING COMMUNICATION STYLES (1.5 general credits) The goal of this session is to provide you the keys to workplace collaboration. Robert Keteyian (Elias and Keteyian

in Ellsworth), author of “Do You Know What I Mean? Discovering your Personal Communication Style,” suggests that skillful use of a communication-style framework allows you to engage in complex and difficult conversations.

11:00am–12:00pm KEYNOTE HALL “WIN IT IN AN HR MINUTE” CLOSING CEREMONIES, AND GRAND PRIZES (1.0 general credits) We close this exciting week of activities with a look at some of the key “HR Minutes” from the convention plus best

practices from across the five learning tracks. This session will award prizes valued at over $2,000. To win you’ll need to be smart, clever, or just be in the right place at the right time!

P A G E C 11

Thank You for Joining Us This Year! HOLD THE DATES FOR 2012:

Maine HR Convention 2012Samoset · May 8 – 11, 2012


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For registrationinformation contactMaineHR.com/Northern New EnglandLaw Publishers at207-761-8350.

For Sponsorship and EXPO opportunities contact:Heather Bassett at [email protected]

COMPSUMMIT19th Annual Workers’CompensationConference

SEPTEMBER 11–13, 2011 AT POINT LOOKOUT RESORT

SEPTEMBER 11–13, 2011POINT LOOKOUT RESORT

Join us at spectacular Point Lookout Resort foran enhanced educational curriculum featuringkeynotes and more than 20 workshops dedicatedto Maine Workers’ Compensation.

A collaborative, interdisciplinary approach tolearning is designed to find common ground andstudy the different perspectives on legal issuesand governance, case management andinsurance, occupational health and wellness,human resources and employers, and theconcerns of injured workers.

To enhance your career, we are seekingcontinuing education and certification credit for:Maine attorneys and expect to receive, HRCI,CCM, CRC, CDMS, and New Hampshireadjusters.


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For more information: Please call 866.860.0449 or visit www.snhu.edu/hrtimes

Earn your MBA from a university with a 75-year history of educating business leaders – in just 18 months.

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When you learn a co-worker’s father was killed in car accident, which was caused by him driving drunk, you want to go talk to her. Even though you are a manager and she is not, you began your careers with the company together and you have remained close. Your families have had dinner together many times and she was very supportive through your own cancer treatments. You are friends on Facebook and you are both active participants in a wide, mutual social circle. You want to go to her and give her a hug. You want to process with her the emotional devastation caused by her father’s alcoholism and depression that resulted in his violent and sudden death. You want to go to the wake and the funeral. You want to care. You can care but in light of the regulations implementing a portion of the Genetic Information Non-Discrimination Act of 2008 (GINA), you just have to be careful about caring too much.Effective in January 2009, the Equal Employment Opportunity Com-mission promulgated its final regulations implementing the portions of GINA applicable to employers.1 The regulations establish, among other things, that (1) employers cannot discriminate, harass or retaliate against an employee2 based on the employees’ genetic information; (2) employers cannot request, require or purchase genetic information ex-cept as permitted by the regulations; and (3) employers cannot disclose the employees’ genetic information. GINA was enacted in response to societal concerns that the evolving and growing use of genetic research and genetic testing would cause employers and insurance companies to discriminate against employees with known genetic markers for costly diseases. The GINA regulations, which apply to private and state, how-ever, provide for some esoteric and counter-intuitive requirements that employers ignore at their peril.

1. Genetic Information Is More Than You ThinkFor over a decade, many states, including Maine, have had laws that protect employees from being discriminated against based on their genetic infor-mation. Under Maine law, “genetic information” is defined as “information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member.” 5 M.R.S.A. § 19301(2).

The EEOC’s regulations, however, define genetic information more broadly. Of course, the regulations define “genetic information” to include what most

would think constitutes genetic information. That is (1) information about an individual’s or a family member’s genetic tests; (2) requests for, and receipt of,

genetic services by an individual or a family member; and (3) genetic informa-tion about a fetus carried by an individual or family member, or about an embryo

legally held by the individual or family member using assisted reproductive tech-nology. But the regulations further define genetic information to include “family

medical history” which is defined as “information about the manifestation of disease or disorder in family members of ” the employee. So, if your friend and co-worker talks

to you about her deceased father’s alcoholism and depression (i.e, a family member’s manifested disease), you have just acquired genetic information, which GINA prevents

you from doing if the acquisition is not inadvertent.2. Caring Too Much Could Violate The Regulations As with the definition of genetic information, the definition of a “request” for information

encompasses more than one might think. Under GINA’s regulations, a “request” may be as informal as “actively listening to third-party conversations for the purpose of obtaining

genetic information,” “conducting an Internet search on an individual that is likely to yield a result containing genetic information,” or “making requests for information

about an individual’s current health status in a way that is likely to result in a covered entity obtaining genetic information.” While the rules do provide exceptions to the broad rule, employers and their managers must be very careful.

The regulations’ general prohibition on acquiring genetic information does not apply if the employer inadvertently acquires genetic information. The employer may inadvertently acquire genetic information if a manager simply overhears

a conversation between employees. But, actively listening would violate the rules. A manager can have “a casual conversation” or make “an ordinary

expression of concern” but the manager cannot follow up with questions “that are probing in nature.” So, while a manager can ask, “How are you?”

or “Did they catch it early?”, the manager cannot ask, “Does cancer run in your family?” or “I grew up with an alcoholic mother. Isn’t it ter-rible?” With respect to your friend and co-worker, you would be able

“You Don’t Bring MeFlowers Anymore”

By Ronald W. Schneider, Jr. and Karen S. AframeBernstein Shur

1GINA applies to private, state and federal employers as well as to employmentagencies and labor organizations. In thisarticle, we refer only to employers forconvenience.

2GINA applies to employees, applicantsfor employment, for employees andmembers in a labor organization.In this article, we refer only toemployees for convenience.



to sympathize about her father’s death but you could not talk with her in a manner that would likely result in her revealing that her grandfather and uncle also died as a result of actions caused by alcoholism and depression. If you were to add to the scenario that your co-worker has been missing a lot of work in the last six months and you have always been a little un-nerved by her drinking habits, your acquisition of her family’s medical history becomes even more compli-cated and problematic for your employer. 3. Other ExceptionsEmployers may also be deemed to have inadvertently acquired genetic information in response to lawful requests for medical information, such as a fitness for duty verification or a leave request, if the employer instructs the health care provider and/or individual from whom it requests the medical information not to provide genetic information. In the rules, the EEOC provided the following specific language that employers would be wise to use when requesting medical information:

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requir-ing genetic information of an individual or family member of the individual, except as specifically al-lowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical informa-tion. “Genetic information,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an indi-vidual or an individual’s family member or an em-bryo lawfully held by an individual or family mem-ber receiving assistive reproductive services.

GINA also provides an exception from its general prohibition of acquiring genetic information, if the employer acquires the genetic information from a publicly available source, such as a newspaper, televi-sion, or the Internet. The final rules, however, specify that GINA prohibits conducting an Internet search on an individual with an intent to acquire genetic in-formation or in a way that that is likely to result in the employer obtaining genetic information. GINA also excludes from the “publicly available” exception information that an employer learns through a site such as Facebook or another social networking site, in which access has been restricted to those with per-mission. In some circumstances, the acquisition of genetic information through a social networking site will be covered by the inadvertent acquisition excep-tion, such as where a manager is a “Facebook friend” of an employee and inadvertently learns of family medical history from the site. A manager who ac-tively participates online, however, with an employee who discusses family medical history or the employ-ee’s own health issues may very well be deemed to have inappropriately acquired genetic information. To limit potential liability, employers must consider GINA’s implications on employee use of social me-dia, and address these concerns in its social media policy, including prohibiting managers and staff from “friending” each other in cyberspace. Employers that offer voluntary wellness programs and/or health risk assessments must also consider GINA’s restrictions. Except in very limited circumstances, the requesting or requiring an individual to undergo a genetic test or collecting genetic information from an individual prior to, or in connection with, its enrollment in the plan, or an any time for under writing purposes. If the circumstances for such information are permissible, the employer must ensure that the employee provides knowing, voluntary and written authorization when providing

About the Authors:Ronald Schneider is a shareholder at Bernstein

Shur, where his practice includes all aspects of employment law including Title VII claims, the ADA, the FMLA, whistleblower claims, employment agreements, non-compete agreements, investigations, discipline and terminations. He is

recognized by Best Lawyers for his work in the labor and employment law [email protected]

Karen Aframe provides counsel to management clients in all matters of labor and employment law, including compliance with wage and hour and discrimination laws, administration of personnel policies and strategies for handling workplace-related issues ranging from hiring and reductions-in-force

to traditional labor issues. She is licensed to practice in New Hampshire and [email protected]

BERNSTEIN, SHUR, SAWYER & NELSON, P.A. Portland, ME | Augusta, ME | Manchester, NH

207 774-1200bernsteinshur.com

in good times and tough times.

growth

Now is not the time to take unnecessary risks.

That’s why Bernstein Shur, one of northern New England’s largest and most respected law firms, is a “must call.” We’ve provided practical and cost-effective solutions to workplace, commercial and other legal disputes since 1915. You’ll benefit from our extensive real-world experience and appreciate our common sense approach to problems. And these days, a little sensibility will go a very long way.

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any genetic information. The EEOC specifies that the authorization and program meet certain criteria in order to meet the standards of the exception. In addition, the final rules clarify that an employer may offer a financial inducement to participate in a health risk assessment only if the inducement is available irrespective of whether questions about family medical history/genetic information are answered. 4. To Disclose or Not to DiscloseThe GINA regulations regarding the disclosure of genetic information also are a bit counterintuitive. As one would expect, the GINA regulations require that all genetic information acquired by the employer, whether in writing or orally, be kept confidential and be treated as a confidential medical re-cord except for information acquired through sources that are commercially and publicly available. The employer must maintain genetic “information on forms and in medical files” that are separate from personnel files. Information acquired prior to November 21, 2009 and that exists in personnel files need not be removed but the prohibitions on use and discrimination apply to all information acquired, including information acquired prior to November 21, 2009.The regulations, however, treat disclosure of genetic information differently than disclosure of personnel files and regular medical information. The em-ployer may disclose genetic information in its possession only in the follow-ing manner:• To the employee or family member if the information pertains to them and only upon a written request;• To an occupational or health researcher if research is conducted in compli-ance with other applicable Federal regulations;• In response to a court order that “expressly” authorizes the disclosure of genetic information and then only if the employee has been notified of the court order;• To government officials investigating compliance with the GINA regula-tions;• To the extent such disclosure is made in support of an employee’s compli-ance with State or Federal FMLA certification provisions; or• To health officials in order to provide information about manifestations of a disease or disorder that concern a contagious disease that presents “an im-minent hazard of death or life-threatening illness.”What this means is that an employee’s written authorization for her person-nel file, including the medical records file, to be sent to her attorney would not permit the disclosure of any genetic information in the file to that attorney. The file would have to be sent only to the employee. A subpoena would not suffice to permit the disclosure nor would a typical court order requiring the production of an entire personnel file, which under Maine law, includes ev-ery document pertaining to the employee. In short, employers must be very careful when responding to an otherwise lawful request for the disclosure of personnel information.5. What’s the Big Deal?Unlike the Title VII and state discrimination laws with which employers are familiar, GINA’s prohibition on the acquisition or disclosure of genetic information creates liability even where there may not be an adverse employ-ment action, such as firing, demotion, or denial of an employment benefit. Violations of GINA may result in costly damages. Remedies available for wrongful acquisition of genetic information include reinstatement, injunc-tive relief, back pay, compensatory and punitive damages, and attorney’s fees and costs, as well as monetary fines of up to $100 per day per individual. In short, GINA creates traps for the unwary and for those who care too much. To comply with GINA, employers must be sure that they post the revised version of the “EEO is the Law Poster” which is available at http://www.eeoc.gov/employers/upload/eeoc_self_print_poster.pdf. In addition, employers are encouraged to consult with legal advisers to review and revise their human resources practices and policies to ensure compliance with GINA, such as adding safe harbor language to FMLA and fitness-for-duty forms, making sure that social media policy is crafted in a way to limit potential liability un-der GINA, as well as training managers on the limits of permissible conduct under GINA. In closing, GINA does permit you to care.You can send flowers and you can give your co-worker and friend a hug. You just can’t care too much. You cannot process too much information that will lead to a discussion of “genetic in-formation.” Irrespective of whether you think the rules make sense in some circum-stances, they are the rules.

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27 Yearsin Business


I would like to take a moment and thank Barbara, Lisa, Amie, Mike, and Kathy for their hard work and dedication to the chapter.

For the last few months we have been working to transition roles from our existing board to the new members. Transitioning roles prior to the end of terms allows for your new board to have a resource available to guide them into the future. Upcoming Chapter EventsIf you are reading this article

while at the Maine HR Convention, we will be hosting a networking dinner for members and their guest at the HR Convention the evening of May 10th at Prism’s Restaurant. We look forward to spending time with the membership and strengthening our relationships. During June, July and August the CMHRA board will be busy planning the programming and budgets for the 2011–2013 years, and we will be

cmhraCentral Maine Human Resource

AssociationRegion Served: Lewiston/

Auburn & Central Maine

Member Count: 98President: Outgoing

Jessica Palladino, SPHR & Incoming Barbara Lovejoy

Chapter Contact Info: PO Box 865, Auburn, ME 04212

Web Site: http://cmhra.shrm.orgWriting the convention update is a bittersweet moment for us. We are excited to announce your new CMHRA Board

President – Barbara Lovejoy Vice President – Tina Kelly Secretary – Christine Clabby Treasurer – Lisa Dumont Web Administrator – Amie Parker

focusing on increasing membership during the coming years. If you have suggestions or are interested in helping to participate in this process please contact us.Thank you to our existing membership for an amazing 2009 -2011 CMHRA season.

dhcDiversity Hiring CoalitionRegion Served: State of MaineMember Count: 31+ companies and organizations throughout MaineCo-Chairs: Amie Parker, Bates College; Mary Beth Turcotte, Bernstein Shur Contact: [email protected] Site: www.dhcmaine.orgThe Diversity Hiring Coalition (DHC) has rapidly become the leading networking source for employers seeking to hire diverse candidates and for people of diverse backgrounds seeking employment in Maine. Created to provide leadership and resources that help Maine employers increase, support, and retain racial and ethnic diversity in the workplace, the DHC provides win/win opportunities for employers seeking a qualified, diverse workforce and people from diverse racial and ethnic groups who want to live, work, and raise families in Maine.The DHC is an affiliate of the SHRM Maine State Council, which serves and advances the human resource profession throughout the state. Recent Accomplishments:DHC had a visible presence at the annual 2010 Maine SHRM Conference and co-hosted the 2010 Working Together Conference. In conjunction with local workforce investment boards, the DHC awarded scholarships to Maine individuals seeking to further their education. This year, the DHC sponsored the 1st International Job Fair, hosted by Portland Adult Education.Upcoming Chapter EventsThe DHC meets on a regular basis and always welcomes new employer members.

2011 meeting dates:

May 24 Maine Medical Center – Portland

July 26 State of Maine - AugustaSeptember 27 Hannaford

– ScarboroughOctober 19 Bates College

– Lewiston – RETREATDecember 7 LL Bean

hraemHuman Resources Association of Eastern MaineRegion Served: Eastern Maine and the Greater Bangor AreaMember Count: 101President: Nancy B. Tracy, BS Ed, CPAMChapter Contact Info: [email protected] Site: http://hraem.shrm.orgHRAEM chapter meetings are held monthly on the 2nd Thursday of the month from September through June. Meetings alternate between breakfast and lunch at the Chamberlain Room of the Muddy Rudder in Brewer. Our invited speakers for our educational programs this year have covered Legislative Updates, Health Care Reform, Public Relations and Disaster Relief, Wellness and Safety, Social Media and Workplace Conduct, the benefits becoming certified in the field of Human Resources, and Sustainability and Green Initiatives. Our monthly educational programs are pre-approved for recertification credits. We offer an annual scholarship to members for reimbursement of either tuition for

passing a certification course or the fee upon passing the exam.Recent Accomplishments:At our December meeting, Rob Carmichael presented our chapter with an ESGR plaque for our support of the National Guard and Reserve. Joanne Bradt from Jackson Lab was the proud recipient

of the HR Convention scholarship presented on behalf of Bud Bernstein at our January meeting.Our Treasurer, Paul Bolin, instructs a Certification preparation program in Bangor. Our member-at-large, Sarah Joy, has been keeping us abreast of HR legislative news and was active in the promotion of HR Professional Day in Augusta in April.HRAEM has grown to 101 members, with 62 of those individuals also being members of SHRM.Upcoming Chapter EventsOur June speaker will present a program on Immigration and Compliance. We will then break for the summer, plan our programs for the upcoming year, and resume our meetings in September.

hrasmHuman Resources Association of Southern Maine Region Served: Primarily southern Maine although we have members from

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Good news for the Maine workplace!Now eligible part-time and seasonal workers have access to affordable health care insurance. DHA’s Part-Time Worker Coverage Voucher Program provides financial assistance to help qualified employees pay for health coverage through their employer’s health plan. Join some of Maine’s best known companies, large and small, who are offering health coverage to part-time staffers.

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The Part-Time Worker Coverage Voucher Program

For more information on Dirigo health insurance programs, call 1-877-892-8391, or visit www.dirigohealth.maine.gov

other parts of the state as wellMember Count: 310President: Deborah L. Whitworth, SPHRContact: Deborah L. WhitworthWebsite: http://hrasm.shrm.orgHRASM is the largest SHRM chapter in Maine and achieved “large” chapter designation in 2010. We meet monthly at the Foreside Inn at Exit 48 in Portland, alternating between breakfast and lunch meetings. We’ve been notified that our chapter qualified for GOLD SHAPE recognition, and in March we completed Phase One of our 2011 strategic planning process.Upcoming Chapter EventsOur June meeting will feature Phil Harriman, former Republican Senator, and Ethan Strimling, current Democrat Senator, on a panel focused on the changes occurring in Maine.

midcoast maine shrmRegion Served: MidCoast MaineMember Count: 35 President: Marcia L. Benner Contact: [email protected] Website: http://midcoast.shrm.orgWe are a relatively small chapter that is in the process of setting a new direction striving to become more valuable to its members. We also are working towards improving the Leadership Skills within our group through value added training and informative meetings.Upcoming Chapter Events:June 14, 2011 – Ethics in the Workplace

November 8, 2011 – Auditing the HR Function

December 13, 2011 – Employee Wellness Programs

We have more exciting topics on the way including a Wage and Hour Seminar in the fall.Please check our website for our most up to date schedule.

mshhraMaine Society for Healthcare Human Resource AdministrationRegion Served: State of MaineMember Count: 157President: Bonnie Gray, SPHRContact: [email protected]: www.mshhra.orgThe Maine Society for Healthcare Human Resources Administration is an organization founded in 1968 as charter hospitals strived to adhere to new personnel/labor related legislation. Since the original 6 members, it grew to 15

members in 1972 and has continued to expand. The organization now includes non-hospital healthcare affiliates in the human resource profession. Through research, strategic planning, and education, MSHHRA will promote sound and effective human resource technologies to influence the direction of HR administration and assist its representative institutions in meeting changing HR needs in the healthcare field.Bonnie Gray, SPHR, PresidentJerry Marstaller, SPHR, Past PresidentBarbara Gabri, SPHR, President-ElectRobert Hodges, SecretaryChris Riendeau, SPHR, TreasurerRecent Accomplishments: MSHHRA was recently recognized as a Maine supporter of the Guard and Reserve, and was awarded a plaque. MSHHRA also raised $500 as a monetary gift to new start up “grass roots” organization The Brenda-Marie Foundation, which was started by three, 20+ year old young men from Maine who desired to ease the financial burden of families who incurred expenses from commuting long distance to healthcare facilities.Students: MSHHRA has provided

free membership to college students with a focus in healthcare and Human Resources, and is in the process of establishing a student chapter in Maine. We recently hosted our biennial conference at Sebasco, and we are offering 10 scholarships for members to attend our Region One conference in Rhode Island

in June. This is in excess of $3,000! Contact Beth Bowie or our Chapter President for more information. MSHHRA members participated in the Human Resource Professional Day at the state capitol in April and plans to host a joint dinner meeting with KVHRA chapter at the May Convention at the Samoset in Rockland, ME. Upcoming Chapter Events: Jun. 10, 2011, 9am – Chapter Meeting, Topic “Diversity,” presented by Portland High School Principal, Maine Hospital Association, Augusta, MEJun. 12–14, 2011 – Region One ASHHRA Convention, Providence, RISept. 9, 2011, 9am – Chapter Meeting Maine Hospital Association, Augusta, MESept. 10–13, 2011 – ASHHRA 47th Annual Convention, “An Era of Change”, Phoenix, AZOct 14, 2011 – Chapter Meeting Maine Hospital Association, Augusta, ME

Nov. 4, 2011 (First Friday!) – Chapter Meeting, Maine Hospital Association, Augusta, MEDec. 9, 2011 – Joint Chapters Meeting – OMNE and MSHHRA Maine Hospital Association, Augusta, ME

neshrmNortheast Society for Human Resource ManagementRegion Served: NortheastMember Count: 43President: LaNiece WinslowContact: PO Box 1572, Presque Isle, ME 04769 or [email protected]: www.neshrm.shrm.orgOur chapter meets on the third Thursday of every month at 7:30 am at the Northern Maine Community College. Recent Accomplishments:The Deborah Keirstead and Milton


Bailey Memorial Scholarship program, chaired by Bob Canney, has graciously offered two individuals $500 scholarships. The recipients, Krissy

Williams and Jeannette Bear, are both business majors with a passion for human resources. In addition to receiving this award, Krissy has joined the NESHRM group. NESHRM partnered with NMCC to sponsor a “Senior make-over day” for their students. This program helped to educate students

on effective resume writing, personal presentation and interview etiquette. The Board voted to help with the cost for officers to attend the State convention to help increase participation.Upcoming Chapter EventsSeptember 15, 2011 NESHRM’s 15th Annual Law Conference at the University of Maine at Presque Isle, Campus Center.


We’ll Help You Go FartherAt The Standard, we go the extra mile to help HR professionals create a more efficient and productive workplace. You’ll find our focused expertise sets us apart. In fact, over 85 percent of our business is group Life and Disability insurance, and we offer flexible Dental and Vision plans. We emphasize partnership, so we’re easy to reach and quick to follow through. Our proactive approach and innovative Workplace PossibilitiesSM program can help take a big burden off the HR team. So you and your employees can blaze your own trails.

To see what we can do for you, contact our Portland, Maine office at 207.780.6765.

Insurance, Retirement, Investments and Advice.standard.com

The Standard is a marketing name for StanCorp Financial Group, Inc. and subsidiaries. Insurance products are offered by Standard Insurance Company of Portland, Ore. in all states except New York, where insurance products are offered by The Standard Life Insurance Company of New York of White Plains, N.Y. Investment services are offered through StanCorp Investment Advisers of Portland, Ore. Product features and availability vary by state and company and are solely the responsibility of each subsidiary.

15336 SI/SNY (3/11)

15336 3_11 HRTimes 2011Conv 9x12.indd 1 3/3/11 1:29 PMHR Times May 2011 Q1V5.indd 38 4/22/2011 1:19:37 PM

We’ll Help You Go FartherAt The Standard, we go the extra mile to help HR professionals create a more efficient and productive workplace. You’ll find our focused expertise sets us apart. In fact, over 85 percent of our business is group Life and Disability insurance, and we offer flexible Dental and Vision plans. We emphasize partnership, so we’re easy to reach and quick to follow through. Our proactive approach and innovative Workplace PossibilitiesSM program can help take a big burden off the HR team. So you and your employees can blaze your own trails.

To see what we can do for you, contact our Portland, Maine office at 207.780.6765.

Insurance, Retirement, Investments and Advice.standard.com

The Standard is a marketing name for StanCorp Financial Group, Inc. and subsidiaries. Insurance products are offered by Standard Insurance Company of Portland, Ore. in all states except New York, where insurance products are offered by The Standard Life Insurance Company of New York of White Plains, N.Y. Investment services are offered through StanCorp Investment Advisers of Portland, Ore. Product features and availability vary by state and company and are solely the responsibility of each subsidiary.

15336 SI/SNY (3/11)

15336 3_11 HRTimes 2011Conv 9x12.indd 1 3/3/11 1:29 PM

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HRT



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A variety of court cases involving the FMLA have been decided favorably for employers re-cently, a few of which are summarized below. While most of these decisions are not binding on courts in Maine, they do provide guidance to employers facing similar circumstances in the ap-plication and possible limitations of rights under the FMLA.

1. Limitations on what counts as caring for a covered spouseA decision from the First Circuit Court of Ap-peals (the federal circuit that includes Maine) has determined that caring for a covered spouse does not include travel on a “spiritual pilgrimage”. The employee’s husband suffered from several serious medical conditions. She submitted a re-quest for vacation time to travel with him but did not specify the reason for the travel (a “spiritual pilgrimage” to the Phillipines). Her request was rejected due to coverage problems, and she re-submitted it as an FMLA request. After the em-ployer requested certification, she provided infor-mation from her husband’s physician stating that his medical problems significantly affected his function and that she needed to assist him during travel. However, the certification did not say the reason for the travel was medical necessity. Find-ing this inadequate, the employer requested certi-fication directly from the husband’s cardiologist; he said the husband was not incapacitated and therefore leave for the employee was not neces-sary. Based on that opinion, the employer denied the FMLA request and tried to notify the em-ployee, but she had already left on the trip and did not leave any contact information. She did not respond to the employer’s communications and was subsequently terminated. She then sued for a violation of the FMLA, alleging interference with her right to take the leave.The husband did not receive conventional medical treatment during the trip. Instead, they went to church services, prayed, spoke with the priest and other pilgrims, and visited churches and friends/family. The court had to determine whether this activity, referred to as a “healing pilgrimage”, comprised medical care within the meaning of the FMLA. It found that it did not. In doing so, it distinguished this type of trip from the excep-tion provided for in the regulations for Christian Science practitioners, noting that the purpose of that section was to allow leave for individuals who are unable to seek traditional medical treatment. Since the employee’s husband was not prohibited by his religion from seeking traditional medical treatment, this exception did not apply. Even if it did apply, the court found that the employee still failed to show she qualified for FMLA time because the medical certification she produced did not establish the need for leave and was con-

tradicted by the certification ob-tained by the employer.

2. An employee has to respond to requests from the employer for informationWhen an employee’s request for leave is vague or unclear, the employer must attempt to obtain more information to determine whether the absence qualifies under the FMLA. If an employee fails to respond to such reasonable inquiries, he may lose FMLA protections. In a case raising this issue, the employee was the primary care-taker for his diabetic mother. He had often taken FMLA leave to care for her based on complica-tions of her illness. On the oc-casion at issue, the employee asked for FMLA time after she overdosed on her medication. His email message to his super-visor said he needed a few days off and stated “I do have the vacation time, or I could apply for the family care act, which I do not want to do at this time.” The supervisor made several at-tempts to contact the employee after receiving the message but was unable to reach him. When the employee finally returned his calls, he was terminated for violating the call-in policy. The employee then sued, alleging the employer inter-fered with his right to take FMLA leave.One issue was the fact that the employee had said he did not want to take FMLA leave “at that time” when asked by his supervisor. The court said this was not an affirmative decline of FMLA leave. Although an employee may waive FMLA rights if he “clearly expresses to his employer that he does not wish to use the protections of the FMLA,” that was not necessarily the case here since the employee only said he did not want to use FMLA “at this time”, which the court in-terpreted as leaving open the possibility that he could change his mind. In such a situation, the employer has to inquire further “through infor-mal means” to understand the circumstances of leave request and determine whether the FMLA applies. The second issue the court addressed was whether the employee’s failure to respond to the employ-er’s attempts to contact him for more informa-

tion affected his right to FMLA leave. Here the court agreed with the employer, affirming that the employee has an obligation to respond to an employer’s questions that are designed to deter-mine whether an absence is potentially FMLA-qualifying. When an employee does not respond, it may result in denial of FMLA protection; in this case, the employee’s failure to respond to any of his supervisor’s calls for more than seven days “doomed” his FMLA claim.

3. An employer can take disciplinary action against an employee returning from FMLA leave for poor performance learned during the leave The fact of taking FMLA leave does not insulate an employee from consequences of bad behavior prior to the leave. In a decision from the Eleventh

Some Good FMLA News for Employersby Anne-Marie L. StoreyEsq., Rudman Winchell



The Rudman Winchell Employment and Labor Law team is focused on preventing

and avoiding legal issues. But if the cure to your problem is legal help, we have

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About the Author:Anne-Marie L. Storey, Esq. is a Partner at Rudman Winchell. Anne-Marie graduated cum laude from Vermont Law School, where she was a Notes Editor for the Vermont Law Review.

She serves on the Board of Governors of the Maine State Bar Association as Vice-President and is a member of the Maine Supreme Judicial Court’s Advisory Committee on Maine Rules of Evidence. She is currently a member of the Board of Directors of the Maine Discovery Museum. Anne-Marie is a frequent speaker to human resource professionals and other groups on employment related topics, and regularly contributes articles to various business-related publications. [email protected]

Circuit, an employee was demoted after returning from leave based on information learned of the employee’s performance while she was on leave. Specifically, the employer learned that significant administrative problems had occurred under her supervision, that she failed to complete assigned tasks before she went out on the scheduled leave, and that her assigned area functioned much better while she was gone. When she returned, the employee was given the choice of a demotion or a termination. She sued for interference with FMLA rights. The employer argued that the job action was unrelated to the FMLA leave and that the same action would have been taken regardless of the leave. The employee made a novel argument that had she not taken the leave, the performance issues would not have come to light and therefore her leave caused her demotion. Fortunately, the court found this argu-ment “laughable”, saying that the action had to be taken because of the leave; it was not sufficient to simply show that but for the leave the action would not have been taken. She also argued that the decision interfered with her rights because the employer departed from its usual progressive disciplinary policy by demoting her rather than issuing a written warning. This was rejected be-cause, even though it was a departure from the ordinary process, there was no evidence that the departure was due to discrimination.

4. An employee’s statement that he “might” take FMLA is not sufficient to support a retaliation claimThe Fifth Circuit Court of Appeals decided a case in December 2010 in which it held that an employ-ee’s statement to his employer that he “might need”

to take FMLA leave was not sufficient to support a retaliation claim.In that case, the employee told his employer that his wife was pregnant and that that, depending on his mother-in-law’s availability, he might need to take leave to care for the newborn. After that conversa-tion but before any leave was taken, the employee was terminated for issues relating to a pay dispute. The employee sued under the FMLA, alleging that the real reason for the termination was retaliation for exercising his FMLA rights, which he alleged he exercised when he said he might need leave in the future. The court noted that the FMLA requires an em-ployee to “provide at least verbal notice sufficient to make the employer aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.” It found he did not do this because he stated only that he “might” need to take leave and that there was a “possibility” that he would need to take leave. The court held that these comments were insufficient to make his employer aware that he needed FMLA-qualifying leave. It also noted there was never a discussion of the anticipated timing or duration of any leave or any other specifics. On that basis, the court found the employee failed to establish that his termina-tion was in retaliation for requesting FMLA leave.

ConclusionThese decisions should not be interpreted to sug-gest that the outcomes for employers on FMLA claims are always positive or even that the same decisions would be made in similar cases. How-ever, they do provide some helpful insight into ways in which application of the FMLA can be lawfully restricted. ■

HRT



I love updates. I bet you do too. Why have we become so fond of this simple piece of communication? Its rise in popularity ap-pears to be directly proportionate to the in-creased use of technology. An odd paradox emerges.

Think about it. With the dawning of the fax machine came a loss of faith. We started to wonder if anybody really got the stuff we were sending to them. We phoned to see if someone got our fax. More recently we left voicemails to see if our e-mails really arrived. We now text to say we are e-mailing or e-mailing that we are texting. And, we tweet, well, for whatever else we need to get out there.

The use of the update reduces angst in the workplace. And for the HR professional this is a good thing. What is suggested here about the use of updates is meant to bring some reassurances to you and your co-work-ers that things are progressing as they need to be on all matters of concern.

You might feel quite good that you were able to use technology to communicate so many things in a short time and that you are able to go about the business of attending to the task at hand. A day or week might go by and you start feeling some angst about the progress on these multiple proj-ects. This unsettling feeling forms a number of questions:

1. Did he or she understand the message?

2. Is this person planning to respond to the message?

3. Where is the person on the timeline of taking action on the message?

4. Did I get his or her return message? 5. Am I Spam I am?

Here are some solutions to both reducing the angst and increasing the effectiveness of our communications.

What everyone needs to knowWithout exception, the initial and all en-

suing communications between two or more individuals must have these two compo-nents—what and when!

“Peter, I’ll need you to send me your credit certification application by June 1 before noon.”

Adding the why is often helpful. “This way I can let you know before you

come back on Monday what you’re set up for.”

The how can actually reduce the extra amount of time needed to complete the task on both your parts. Remember, perfection-ists, for example, will often do a lot more than you want them too. Know your people!

“Please just fill it out online.”This is pretty much standard procedure.

You would think. If not, it needs to be in whatever form of communication we use in the workplace.

Let’s assume that this kind of clear com-munication exists—the what and the when.

The benefit of the updateUpdates can be simple “state of the proj-

ect” remarks that serve many purposes: 1. They can relieve stress and worry. Most

of us do not do well with a state of “suspension.” We just need to “know” something…even if there is little more information than the last time. Without

getting carried away

By Pam Vaccaro, MA, CSP

HRT



here, it might be safe to say that simple updates are one of the kindest and respectful things we can do for each other at work. HR leaders hold an important role here.

2. Updates “save time.” Have you ever heard yourself say some-thing like, “If they just would have let me know I didn’t have to keep filling out the rest of the forms, I could have saved hours!” So much valuable focus of attention is wasted by a failure to keep each other apprised of changes made on a project or simple task.

3. Another “time saving” aspect from the use of the update occurs when customers and colleagues spend less of their time and fo-cus of attention and yours requesting information. Updates are a pre-emptive strike against more than necessary requests for information.

4. They reduce conflict. Stress and worry can lead to anger and con-flict when individuals are kept out of the loop or not updated about changes or current status especially if those things that directly affect their sense of safety, worth, or wellbeing.

5. They engender trust. They just do.Updating the update

Updates are easier to do than ever before by using the same medi-ums that have also complicated our lives and made updates so criti-cal—electronic communication. 1. Email, of course. Short, concise, simple emails. “Got your request

this a.m. and will get that information to you by Tuesday before lunch.” This fills the requirement that I tell you what I’m going to do by when.

2. Use only the subject line for your short update and then end with (EOM). This “end of message” tells your receiver he or she does not need to open the email. It is all right there.

3. If you have any sense that the update requires the reassurance or clarification only the human voice and intonation can accom-plish, use voicemail or talk with the person in person. We all know not to hide behind email or voicemail if the update is un-pleasant or conflictual. This kind of update is almost as damaging as no update at all!

4. If the update is short and not emotionally-laden, but you still want to use voicemail, try to catch the person when they are not likely to be in the office! Everyone saves a little time then. Voicemail might not be “technologically sexy” but it still has the value-add of the real human touch.

“User beware!” There is something to consider when using up-dates—your receivers. Case in point. My client told me about her client who was so surprised she didn’t know he moved to Santa Fe. Nonplussed, she inquired how she might have missed this valuable piece of information. “Did you send out a communication?” she asked. “Yes, of course, didn’t you read my Facebook?” So now know if you Facebook you might have to text, email, tweet, Linked-In, voicemail, or call that you did just that. It is just a matter of efficiency!

However, never underestimate the power of the update in develop-ing loyalty and respect from your customers and clients. It does not matter how you update, but that you update.

About the Author:Pam Vaccaro, MA, CSP is CEO of Designs on Time. She speaks nationally to associations and corporations challenging them to rethink traditional time management. She is frequently quoted in national publications for her research in personality and time management as well as her most recent work on “focus management.” Pam

spoke at the 2009 HR Conference and returns this year to Maine’s premier HR event. www.designsontime.com ��

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To those of you who have yet to become acquainted, it’s my pleasure to introduce to you Susan Wasserott. Susan ran for office as a candidate for Maine House Legislative District 65 during the 2006 and 2008 legislative campaigns. I was fortunate to add Susan for a time to our Maine SHRM Government Affairs Team in 2010; our dedicated band of volunteers is responsible for reviewing, analyzing and recommending positions on pending legislation in Maine impact-ing the HR profession.In December 2010, Susan began a new role as Legislative Aide working for House Speaker Robert Nutting in the 125th Maine Legislature. Our profession will clearly benefit from having an HR professional to help bridge gaps at the State House for us as we all do each day for our employers. So what is a nice HR woman doing mixed up in all this government affairs business? It was this new role that gave me the chance to speak with Susan about her career and life path.Susan has been a Human Resources professional since 1985, working at Mid Coast Health Services in Brunswick, ME for the past 16 years, most recently as HR Manager at CHANS Home Health Care and the Mid Coast Senior Health Center. Prior to Mid Coast, her HR career centered in Pennsylvania, first at the investment firm The Vanguard Group, then at a family-owned construction company, and finally at the start up of a new industrial plant, Sathers, Inc. While in Pennsylvania, Susan did her undergraduate work at Wilkes College (now Wilkes University) and earned a Masters degree in Human Resources Administration from the University of Scranton. Susan and her husband Paul

made the leap to Maine in 1994 out of love for the state and the quality of life they found here. After working for other companies in Maine, Paul started his own small business in 1997.Like many HR professionals, Susan has always worn several more hats outside of her official HR duties. She manages her husband’s small business, has been a leader in the Maine Society for Health Care Human Resourc-es Administration (MSHHRA), the Midcoast Chapter of the American Red Cross, and The Plant Home, as well as graduat-ing from the Midcoast Maine Leadership Institute (MMLI) and Leadership Wilkes-Barre. Susan also served on the Board of Directors for MMLI.Susan had the idea to start her own television show after campaigning throughout her district. Combining that expe-rience with her skills as a Human Resources professional, she launched “In My Backyard,” a local program with the format to consider a current local issue and examine it from at least two different perspectives. In an interactive format, using ex-perts who represented several sides of the issue, the concept was developed to help educate people who might not have time in their busy schedules to educate themselves on topics that could be of concern to their daily lives. Issues exam-ined included the consolidation of Maine’s educational sys-tem, Adoptees Finding Birth Parents, and the high cost of health insurance in Maine. Susan will tell you that she feels strongly about the value of balance and fairness. “These are peoples’ issues, they are not Democrat or Republican or Green issues,” she notes. Susan ensured that guests of any political stripe or no political stripe were welcomed and that there was plenty of opportunity for viewers to learn more about the issues presented on the show. Susan recommends that HR professionals take risks and seek out new adventures, both personally and profession-ally. She offers that it is the very skills we possess as HR professionals that will make us successful in nearly any arena— listening, educating and bringing consensus are skills applicable well beyond the HR function! I am sure Susan would encourage us all, not just in our profession-al HR roles, to embrace the world in a wider sense and learn more about all our capabilities.Most importantly, Susan and Paul reside in Woolwich with four-legged family members, cat Sylvia and labs Misty & Dyllan and plan to stay in Maine for all the reasons that brought them here to begin with – our Maine values respecting hardworking, genuine individuals as well as for the friends and colleagues they have come to cherish over the years. Sarah Conroy, SPHR, CEBS, the guest interviewer for this piece, is the Maine State SHRM Government Af-fairs Director and is herself an HR professional of long standing. Her 25 years + of HR experience includes or-ganizations of various sizes in several industries, includ-ing manufacturing, healthcare, financial services and technology. Sarah can be reached at [email protected].

THREE Questions with Susan…HRTimes: With your past, professional experience what can the legislature learn

from HR? And vice versa, what can HR learn from the legislature?Susan Wasserott: I’m very new and have observed only a few meetings and sessions in my

brief time here, so I’ll give this broad statement as a disclaimer to all my responses: ‘In my humble

opinion…’I’ve been very impressed so far by the dignity and decorum that is present in the legislature. That

said, the legislature – this includes everyone in general in the State House, not just the Reps

and Senators – could learn from HR about staffing efficiencies, dealing with change, responding

gracefully under pressure, handling crucial conversations, using streamlined processes to get

things done, importance of orientation for new staff, treating people equally despite their posi-

tion.

HR could learn from the legislature about patriotism, for example, saying “The Pledge of Alle-

giance” and having an invocation at the start of a day, or before a meeting. This may sound corny,

but I think it’s important! We spend so much time being ‘politically correct’ in order to placate a

few, yet we leave out something (or someone) who is important to many people. I’ve seen how

having an invocation sets a tone and helps us remember that there is more out there than ‘just

us.’ As our new Speaker said in a recent news article, the invocation gives us a period to reflect

on the important work we are here to do, and it provides a reminder that we should proceed

respectfully through our daily business . . . Political debate is a primary function of the House

(substitute Hospital, Bank, shipyard) but the invocation is a time for reflection outside of that

realm.” HR could also learn about the importance of contacting state representatives, senators,

and agencies about issues affecting their workforce, and about using the state website, which is

a tremendous resource on MANY issues.HRT: What are your hopes for the SHRM Governmental Affairs Committee?SW: I am hoping that the SHRM GAC could become a presence at the State House. Perhaps

having someone occasionally attend committee hearings for the newly combined Labor, Com-

merce, Research and Economic Development Committee... Other committees that could be

helpful for HR are the Health & Human Services and Insurance & Financial Services committees.

Finally, a new Joint Select Committee on Regulatory Fairness and Reform.HRT: Where can we as HR professionals improve in bringing our issues to the leg-

islature?SW: Rather than waiting until a bill is ready to be voted on, we can get involved in the grass

roots part of legislation by writing to our own legislators (state senators and representatives,

and congressmen and senators in Washington, D.C.) with our ideas and concerns so they can

submit bills. We can get involved and stay aware, keeping abreast of bills and issues going on

in Augusta and Washington. (The Maine.gov website is very helpful with this!) We can attend

public committee hearings in Augusta to speak to issues that concern you. The Senators and

Representatives want to hear from their constituents; we need to be that voice. We can attend

HR Professionals Day, or attend on other days the legislature is in session, to get familiar with the

building and its use. When a bill is ready to be voted on, we could call and/or write our legislators

to urge them to vote AYE or NAY based on the reasons we provide.

By Guest Interviewer: Sarah Conroy


THREE Questions with Susan…HRTimes: With your past, professional experience what can the legislature learn

from HR? And vice versa, what can HR learn from the legislature?Susan Wasserott: I’m very new and have observed only a few meetings and sessions in my

brief time here, so I’ll give this broad statement as a disclaimer to all my responses: ‘In my humble

opinion…’I’ve been very impressed so far by the dignity and decorum that is present in the legislature. That

said, the legislature – this includes everyone in general in the State House, not just the Reps

and Senators – could learn from HR about staffing efficiencies, dealing with change, responding

gracefully under pressure, handling crucial conversations, using streamlined processes to get

things done, importance of orientation for new staff, treating people equally despite their posi-

tion.

HR could learn from the legislature about patriotism, for example, saying “The Pledge of Alle-

giance” and having an invocation at the start of a day, or before a meeting. This may sound corny,

but I think it’s important! We spend so much time being ‘politically correct’ in order to placate a

few, yet we leave out something (or someone) who is important to many people. I’ve seen how

having an invocation sets a tone and helps us remember that there is more out there than ‘just

us.’ As our new Speaker said in a recent news article, the invocation gives us a period to reflect

on the important work we are here to do, and it provides a reminder that we should proceed

respectfully through our daily business . . . Political debate is a primary function of the House

(substitute Hospital, Bank, shipyard) but the invocation is a time for reflection outside of that

realm.” HR could also learn about the importance of contacting state representatives, senators,

and agencies about issues affecting their workforce, and about using the state website, which is

a tremendous resource on MANY issues.HRT: What are your hopes for the SHRM Governmental Affairs Committee?SW: I am hoping that the SHRM GAC could become a presence at the State House. Perhaps

having someone occasionally attend committee hearings for the newly combined Labor, Com-

merce, Research and Economic Development Committee... Other committees that could be

helpful for HR are the Health & Human Services and Insurance & Financial Services committees.

Finally, a new Joint Select Committee on Regulatory Fairness and Reform.HRT: Where can we as HR professionals improve in bringing our issues to the leg-

islature?SW: Rather than waiting until a bill is ready to be voted on, we can get involved in the grass

roots part of legislation by writing to our own legislators (state senators and representatives,

and congressmen and senators in Washington, D.C.) with our ideas and concerns so they can

submit bills. We can get involved and stay aware, keeping abreast of bills and issues going on

in Augusta and Washington. (The Maine.gov website is very helpful with this!) We can attend

public committee hearings in Augusta to speak to issues that concern you. The Senators and

Representatives want to hear from their constituents; we need to be that voice. We can attend

HR Professionals Day, or attend on other days the legislature is in session, to get familiar with the

building and its use. When a bill is ready to be voted on, we could call and/or write our legislators

to urge them to vote AYE or NAY based on the reasons we provide.



Documents

HRTimes - 2nd Quarter 2011