Recruitment and retention of sufficient workers presents a growing challenge for many U.S. businesses in manufacturing, construction and many other segments of the economy.
Competition for workers continues to grow as the improving economy drives down unemployment and applies pressure upon employers to increase wages.
U.S. Bureau of Labor Statistics November employment statistics released this morning show employment continued to trend up in professional and business services, manufacturing, and health care. Nonfarm payroll employment increased by 228,000 in November. The manufacturing sector has added an average of 15,545 employees on net per month so far in 2017, a turnaround from the loss of 16,000 workers in 2016 as a whole.
While most businesses welcome the uptick in businessness opportunities, short pause in labor supply and pressure tp increase wages threaten The ability of many of these businesses to take full advantage of these new opportunities. While welcoming the strengthened manufacturing economic performance, the National Association Of Manufacturers says manufacturers continue to say that the inability to attract and retain a quality workforce is one of their top concerns. Employers in the healthcare and services industry increasingly are reporting similar challenges.
With tightening immigration standards Making it more difficult to feel beast gaps with foreign labor, savvy businesses are taking the initiative to respond to this changing labor environment by reevaluating their recruitment, retention and compensation practices. In addition to looking to recruit new workers from the ranks of the under and unemployed, many businesses increasingly are looking to recruit employed workers from other employers by offering sweeter compensation, work-life balance, promotion or other sweetened employment opportunities. Businesses competing for the same workers will want to review their existing employment and compensation packages to help promote their ability to recruit new workers and to retain existing workers.
In recognition other businesses may target their best workers, businesses reliant upon labor competitive workforces should shore up their compensation and retention practices as strengthen their non competition, trade secret and other critical workplace knowledge to guard against disruptions from loss of key personnel. When conducting these activities, businesses should not rely on past legal experience. Federal and state law has evolved significantly regarding noncompetition, trade secret and other business intelligence safeguards. Businesses that have not done so in the past year should consider engaging experience counsel to review their existing policies and practices for possible witnesses and opportunities for enhanced strength. Businesses also may want to discuss opportunities for Bonus or other golden handcuffs compensation packages to incentivize key workers to stay with the organization. Employers also should recognize that departing employees may take advantage of opportunities to air resentments from past perceive Mistys drink more constructive time. Employer should be sensitive to the possibility of wage an hour, safety, or other whistleblower a private charges or litigation From departing workers with new opportunities freeing them to express past dissatisfaction. In the face of these risks, employers will want to ensure that their existing wage and hour, harassment,safety and other workforce policies and practices are currently compliant as well as be prepared to respond to any allegations of past misconduct. Employers should carefully conduct exit interviews and investigate any alleged misconduct or other negative feedback to mitigate potential risks and liabilities. Employers also should consult with experienced employment and employee benefits counsel about appropriate design, administration and documentation of these policies, practices,i arrangements and activities.
About The Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: Erisa & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for management work, coaching, teachings, and publications.
Ms. Stamer works with businesses and their management, employee benefit plans, governments and other organizations deal with all aspects of human resources and workforce, internal controls and regulatory compliance, change management and other performance and operations management and compliance. Her day-to-day work encompasses both labor and employment issues, as well as independent contractor, outsourcing, employee leasing, management services and other nontraditional service relationships. She supports her clients both on a real-time, “on demand” basis and with longer term basis to deal with all aspects for workforce and human resources management, including, recruitment, hiring, firing, compensation and benefits, promotion, discipline, compliance, trade secret and confidentiality, noncompetition, privacy and data security, safety, daily performance and operations management, emerging crises, strategic planning, process improvement and change management, investigations, defending litigation, audits, investigations or other enforcement challenges, government affairs and public policy.
Well-known for her extensive work with health, insurance, financial services, technology, energy, manufacturing, retail, hospitality, governmental and other highly regulated employers, her nearly 30 years’ of experience encompasses domestic and international businesses of all types and sizes.
A Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her thought leadership, experience and advocacy on these and other concerns by her service as a management consultant, business coach and consultant and policy strategist as well through her leadership participation in professional and civic organizations such her involvement as the Vice Chair of the North Texas Healthcare Compliance Association; Executive Director of the Coalition on Responsible Health Policy and its PROJECT COPE: Coalition on Patient Empowerment; former Board President of the early childhood development intervention agency, The Richardson Development Center for Children; former Gulf Coast TEGE Council Exempt Organization Coordinator; a founding Board Member and past President of the Alliance for Healthcare Excellence; former board member and Vice President of the Managed Care Association; past Board Member and Board Compliance Committee Chair for the National Kidney Foundation of North Texas; a member and policy adviser to the National Physicians’ Council for Healthcare Policy; current Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee; current Vice Chair of Policy for the Life Sciences Committee of the ABA International Section; Past Chair of the ABA Health Law Section Managed Care & Insurance Section; ABA Real Property Probate and Trust (RPTE) Section former Employee Benefits Group Chair, immediate past RPTE Representative to ABA Joint Committee on Employee Benefits Council Representative, and Defined Contribution Committee Co-Chair, past Welfare Benefit Committee Chair and current Employee Benefits Group Fiduciary Responsibility Committee Co-Chair, Substantive and Group Committee member, Membership Committee member and RPTE Representative to the ABA Health Law Coordinating Council; past Chair of the Dallas Bar Association Employee Benefits & Executive Compensation Committee; a former member of the Board of Directors, Treasurer, Member and Continuing Education Chair of the Southwest Benefits Association and others.
Ms. Stamer also is a widely published author, highly popular lecturer, and serial symposia chair, who publishes and speaks extensively on human resources, labor and employment, employee benefits, compensation, occupational safety and health, and other leadership, performance, regulatory and operational risk management, public policy and community service concerns for the American Bar Association, ALI-ABA, American Health Lawyers, Society of Human Resources Professionals, the Southwest Benefits Association, the Society of Employee Benefits Administrators, the American Law Institute, Lexis-Nexis, Atlantic Information Services, The Bureau of National Affairs (BNA), InsuranceThoughtLeaders.com, Benefits Magazine, Employee Benefit News, Texas CEO Magazine, HealthLeaders, the HCCA, ISSA, HIMSS, Modern Healthcare, Managed Healthcare, Institute of Internal Auditors, Society of CPAs, Business Insurance, Employee Benefits News, World At Work, Benefits Magazine, the Wall Street Journal, the Dallas Morning News, the Dallas Business Journal, the Houston Business Journal, and many other symposia and publications. She also has served as an Editorial Advisory Board Member for human resources, employee benefit and other management focused publications of BNA, HR.com, Employee Benefit News, InsuranceThoughtLeadership.com and many other prominent publications and speaks and conducts training for a broad range of professional organizations and for clients on the Advisory Boards of InsuranceThoughtLeadership.com, HR.com, Employee Benefit News, and many other publications.
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