Berkshire Associates Inc. Newsletter ~ Qtr. 2 ~ 2011

UPCOMING EVENTSIndustry Liaison GroupIndustry Liaison Group

National Conference National ConferenceNew Orleans, LouisianaNew Orleans, Louisiana

July 25-29, 2011

Berkshire’s Affi rmative Action Berkshire’s Affi rmative Action Planning Boot CampPlanning Boot CampColumbia, MarylandColumbia, MarylandOctober 18-21, 2011October 18-21, 2011

NEWS AND INFORMATION ON HR AND AFFIRMATIVE ACTION ISSUES

viewApplicant Management | Compensation Management | Affi rmative Action | Workforce Planning | Diversity | Professional Training

See HR Soup...cont. on page 9

WHAT’S INSIDE

Building a Case to Automate the Recruitment Process .............2

Effective Compensation Management and its Importance to Your Organization ....................... 3

HR Compliance Update ..............4

Don’t Forget About Diversity ..... 5

Real Outreach Built On Strong Partnerships = Good Faith ....6

Out and About .........................6

Beware—the Org Chart ............8

Fast Facts ...............................11

Berkshire’s 2011 Training Lineup ................................11

Refer Berkshire!THE HIGHEST COMPLIMENT OUR CLIENTS CAN GIVE ISTHE REFERRAL OF THEIR COLLEAGUES AND BUSINESS ASSOCIATES.

BERKSHIRE WILL SEND YOU A $20 SUPERCERTIFICATE FROM GIFTCERTIFICATES.COM FOR EVERY VALID REFERRAL YOU SEND US.

The Real HR SoupBy: Suzanne Keys, SPHR

Organizations are like soup, and who is the chef that puts it all together? Human Resource professionals, of course! Sure, there’s always the option of purchasing a can of soup off the shelf, but we all know the best soups are the ones made from scratch—hearty and customized to yield the best results. Each ingredient in good soup must be carefully selected not only for their appeal, but for their cost-eff ectiveness and the value they add to the organization. Here is Berkshire’s recipe for the perfect organizational soup.

All good soups start with a roux, which acts as a bonding and thickening agent—these are your employees. Without them your soup would fall apart. Good employees take good organizations to the next level. So how do you fi nd the right employees for your soup? As the chef, HR professionals fi rst need to envision their soup and decide how they want it to taste and come together—what kind of employees do you need to meet your strategic goals? How will you track all the applicants coming in? A good chef looks at the big picture. They also need to determine if they want just enough roux to make a single pot of soup or if they want to prepare a large batch to set aside to be used later on down the road. In the HR world we call this the recruiting pipeline. At Berkshire, we understand the importance of eff ective employee management, outreach, tracking, and management. This is why we developed our leading BALANCEtrak, the only web-based Soft ware as a Service (SaaS) applicant management solution that completely streamlines your recruiting process while helping you get the right candidates in the door. To learn more, please visit www.balancetrak.com.

Once we have the roux, it is time to prepare the heavy stuff . The meat in an organization’s HR soup is compliance. The meat will take up the majority of your time as you properly handle and prepare it before introducing it to your soup. The question is, will you use a knife and cutt ing board, or take advantage of a food processor? Some HR chefs still go about their compliance preparation the old fashioned way, using manual spreadsheets (knives and cutt ing boards) that consume valuable time and resources. However, many organizations are now utilizing soft ware (food processors) to streamline their compliance eff orts—making them more accurate and effi cient. Compliance is an extremely important responsibility HR professionals must manage, which is why Berkshire has developed soft ware and service solutions to make things easier. Berkshire’s BALANCEaap soft ware is a secure, web-based application that gives you much more than traditional soft ware. BALANCEaap allows you to create, monitor, and manage a complete OFCCP compliant affi rmative action plan—right from the web. You can produce plans with BALANCEaap that contain all the reports required by the OFCCP, including adverse impact analyses and draft narrative sections. BALANCEaap also helps you generate VETS-100A and EEO-1 reports using existing plan data. To learn more, please visit www.balanceaapweb.com.

Berkshire also off ers affi rmative action planning outsourcing, where our expert consultants deliver a compliant AAP for your organization with minimal work for you and your staff . Recognized as a leader in affi rmative action compliance, Berkshire has helped hundreds of companies prepare a comprehensive and OFCCP compliant plan.

Mission StatementBALANCEview is Berkshire Associates voice to the HR Community. Our mission is to provide up-to-date information on trends and challenges facing HR professionals. BALANCEview is also an extension of Berkshire’s mission to provide outstanding services and soft ware solutions to organizations of all sizes, shapes, and business focus. Berkshire’s BALANCE comes from its staff of expert HR consultants as well as its innovative team of soft ware developers that turn your ideas into reality. The entire staff of Berkshire Associates wishes to provide you with exceptional service, products, and information to help BALANCE your workforce.

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See Building...cont. on page 10

EDITOR IN CHIEF:Carla A. Pitt man

EXECUTIVE EDITOR:Lauren Collinson

PRODUCTION MANAGER:Nancy Mitroka

DESIGN AND LAYOUT:Nancy Mitroka

DISTRIBUTION MANAGER:Mike Schaal

CONTRIBUTING WRITERS:Andrea CsordásCindy Karrow, SPHRClaudia Jones, PHRDirect Employers AssociationLauren CollinsonManoj TiwariRichard Vernon of Learch, Early & BrewerSuzanne Keys, SPHR

Berkshire Associates Inc.8924 McGaw CourtColumbia, MD 21045800.882.8904 • fax: 410.995.1198www.berkshireassociates.com

The Berkshire PerspectiveThe Berkshire PerspectiveBuilding a Case to Automate the Recruitment ProcessBy: Manoj Tiwari

Being intimately involved with Product Development for the last ten years at Berkshire Associates, I have worked with hundreds of clients to meet their HR technology needs. Considering all the organizations I work with, it amazes me how many are still recruiting using old manual processes or antiquated systems. Two reasons I hear most oft en from companies not ready to automate their systems are:

• There’s not enough time to implement a new process.

• There’s not enough money or resources to convert to an automated system.

Many times, the reason why a company may not have the time and money is because those valuable resources are being used ineffi ciently to maintain their antiquated systems or manual processes.

If you are spending a signifi cant amount of time shuffl ing through your email for résumés, juggling folders to keep track of applicant statuses, or scanning résumés based on the font and keywords instead of real content, then it may be time to start building a case for applicant automation in your organization.

Like many HR professionals, you are most likely swamped with responsibilities and feel overwhelmed at the thought of changing your current system or working towards obtaining the necessary buy-in. This can actually be a relatively simple process if you know what you’re looking for, and how to go about it. Here is a list of things to consider when building your case for automating your recruitment process:

1. Develop an overall goal and objectives for automating your recruitment process.

2. Defi ne your top priorities, or areas of improvement, and analyze if these areas are most impacted because of the current tools or processes in your organization.

3. Ponder over questions such as: Who will help me achieve this goal? Who will make the decision? Who can infl uence the decision maker(s)—is it the CEO, VP of HR, head of recruitment, a hiring manager?

4. Create a circle of supporters, and a mentor to help you work towards the desired change—seek their help to present your ideas to the executive team with the goal of buy-in.

5. Develop your business case—starting with the current process and the issues that aff ect the bott om line, productivity, quality, morale, and turnover using the following steps:

a. Create a list of tangible and intangible negative impacts on the company, department, and employees by keeping the current system and process.

b. Create a list of tangible and intangible positive impacts you envision for the company, departments, and employees aft er bringing in a new system and process.

c. Research the capabilities of some of the applicant management systems in the market, and create an approximate cost range for owning a system—reach out to vendors you are aware of to gain insight and information.

d. To the extent you can, convert those tangible negative and positive impacts into dollars, and create a return on investment (ROI) statement.

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Consultants Corner Consultants Corner

Be sure your systems are aligned to support your organization in proving

all pay diff erences are justifi able.

Effective Compensation Management and its Importance to Your OrganizationBy: Claudia Jones, PHR

Why is it crucial for companies to have an eff ective compensation planning system in place? In 2009, the Lilly Ledbett er Fair Pay Act focused our att ention on the inequities that exist in the workplace. Employers were not always administering equal pay for equal work. This act, and the government’s eff ort to enforce equal pay laws, caused companies to take pause and reassess their processes for analyzing compensation. Many organizations that did not have a formal process in place put the wheels in motion to adopt one quickly.

In an eff ort to promote equality, the federal government has been assessing the compensation of its contractor community for years as part of its audit investigations. Even though companies were only given Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance in 2006 to detect systemic compensation discrimination, they were not required to follow the outlined process. Instead employers were only required to complete their own compensation analysis once a year. Prior to December 2010, the Offi ce of Federal Contract Compliance Programs (OFCCP) would only schedule a full compliance review for every 50th lucky contractor—which included a comprehensive compensation evaluation for pay inequities of its employees. The previous guidelines were rescinded in January 2011. The guidelines of Active Case Management were replaced by Active Case Enforcement, which requires every 25th (rather than every 50th) contractor to be reviewed for a full compliance review. This includes a complete review of compensation for indicators of systemic discrimination.

The previous compensation assessment process would highlight diff erences in pay for race and gender based on diff erences in average pay by grouping, job title, or grade of fi ve percent along with other key factors. Recent developments reveal not only will the federal government continue assessing pay for its contractors—but will do so based on diff erences of two percent, or $2,000 in average pay for race and gender for a group. These slight diff erences will leave a lot of explaining to be done by contractors. The OFCCP is even proposing the development of a compensation data collection tool to assist in the evaluation, enforcement, and administration of fair pay. It is imperative to prepare current HR systems to handle these types of comprehensive evaluations.

What can you do to ensure employees are being compensated fairly? Be sure your current HRIS has the capability to accommodate storing key factors used by external agencies to conduct cohort and regression analyses on pay for annual reviews. If the system is inferior, start taking steps to fi nd a competent tracking system that has the capability to house and retrieve relevant factors for employees such as pay grade level, time in company, time in positions, part-time and full-time status, exempt/non-exempt status, salary, wages, hours worked, commission or bonus, education or additional training, and work location. This will be your starting point for preparation in evaluating pay factors since these are some important details that can assist with a regression analysis on pay data. Organizations can opt to assess pay manually by reviewing pay by job title, bands and grades, or groups. They can then compare averages and pay diff erences by percent or dollar amount. This might

not be ideal for organizations that have complex compensation systems or numerous employees to assess each year. Be prepared to explain diff erences in pay by grouping to establish the cause for the pay discrepancy. In the current audit and enforcement climate, being proactive can protect your company’s reputation from negative media att ention. When inequalities are determined early, and unjustifi able diff erences that can indicate systematic compensation discrimination in pay are rectifi ed based on consistent fi ndings, this diff uses a potentially damaging situation.

The benefi t of administering and monitoring a fair pay compensation system certainly outweigh the negative eff ects. When your organization has a

favorable reputation of fairlycompensating its employees, it is another att ribute that can att ract employees who value competitive pay—indirectly broadening the pool of potentially talented job seekers. When employers strive to practice and implement equal pay, it can be a factor in creating high morale for the employees. The benefi ts are real and so are the penalties. If the organization is assessed and inequalities in pay are discovered by a federal external assessment, the organization must be able to prove that systemic discrimination is not a factor. Be sure your systems are aligned to support your organization in proving all pay diff erences are justifi able.

To learn more about any of these changes, or developing and implementing a compensation plan, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.

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Consultants Corner Consultants Corner

Berkshire Associates is honored to be Named the Maryland Chamber of Commerce’s 2011 Small Business of the Year in the category of 51-200 employees!

Berkshire Associates is proud to announce its robust applicant management soft ware, BALANCEtrak, was named a fi nalist in the Best New Product of the Year—New Version category for the Stevie 2011 American Business Awards (ABA).

HR Compliance UpdateBy: Cindy Karrow, SPHR

Are you having trouble keeping up with the proposals and changes coming out of the Offi ce of Federal Contract Compliance Programs (OFCCP) these days? With all the changes, it is enough to make any HR professional’s head spin. Don’t get too overwhelmed—this article will summarize the most recent industry changes so you can identify where to take immediate action, and how to prepare for what’s to come.

Proposed Changes to the Scheduling Lett er—It is no secret the OFCCP has been asking for more detailed data aft er an affi rmative action plan (AAP) is submitt ed for review—sometimes within a few days of the submission. The OFCCP has requested a change in the itemized listing that accompanies their scheduling lett er, the lett er that notifi es contractors of the items to be submitt ed, to gain more of this information up front. A few of these changes have raised concerns for contractors such as a request for individual compensation. The OFCCP would also like to see the pool of candidates considered for each promotion and the pool of candidates considered for each termination—both by job title and job group. With this information an adverse impact analysis could be run to identify individual cases of potential discrimination. A copy of the proposed changes can be found at htt p://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=OFCCP-2011-0003. Comments about the proposed changes had to be submitt ed to the OFCCP by July 11, 2011. Berkshire responded, including comments sent to us from some of our clients.

Compensation—Compensation analysis continues to be a top priority for the OFCCP. The request for compensation data on all employees currently follows soon aft er the AAP

is submitt ed for review. The list of additional data for each employee varies between 12 and 15 factors including: hire date, time in job, years experience, exempt status, and level of education. The proposed changes to the itemized listing mentioned above include a requirement that compensation data be submitt ed as it existed on the most recent February 1 date. Many contractors are concerned about the burden that this represents when their plan dates are not February 1st.

Recruitment and Good Faith Eff orts—One of the most important actions in affi rmative action is lett ing potential applicants know about your company and your job openings. In a compliance evaluation, the OFCCP will request documentation about your actions regarding the recruitment of Veterans and individuals with disabilities, as well as minorities and women. They will also ask for proof that appropriate job openings have been listed with the State Job Delivery Service. The regulations require you to determine what the best sources are for qualifi ed job seekers and let them know about your openings. By engaging in eff ective recruiting and outreach, you will fi nd good, qualifi ed candidates for openings and fulfi ll your obligations for affi rmative action. Veterans—The comment period for the proposed changes to the Veterans regulations ends June 27, 2011. Among the many changes proposed is a requirement that

contractors solicit covered or protected Veteran statuses at the application stage rather than the post-off er stage of the process. This information, along with other proposed recordkeeping and data gathering requirements, would have contractors establishing annual hiring benchmarks for Veterans. Application Process—Contractors have varied methods that job seekers may use to express interest in a job opening; one of the most common is the use of online applicant systems. A contractor must allow for situations that occur with job seekers who need assistance or accommodations to the application process. The OFCCP reviews these processes to ensure all job seekers are provided the opportunity to apply. During a compliance evaluation they are asking about online applicant system compatibility with assistive or adaptive technology such as screen readers, or utilization of universal design such as contrasting colors on screens used by job seekers. To learn more about issues related to online applicant systems visit the OFCCP FAQ at htt p://www.dol.gov/ofccp/regs/compliance/faqs/dir281faqs.htm. Berkshire continues to monitor these and other developments as they unfold. Contact your Berkshire representative or call us at 800.882.8904 for more information. Visit www.berkshireassociates.com to view articles on these and other topics, or to access our training resources.

CongratulationsCongratulations

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Consultants Corner Consultants Corner

Interested in having a Berkshire

expert speak at your next event?

CONTACT:

Lauren Collinson at:

laurenc@berkshireassociates.com or 800.882.8904 ext. 1307.

Don’t Forget About Diversity—Why Workforce Inclusion is a Vital Part of Your Company’s SuccessBy: Andrea Csordas

More recently than ever, workforce inclusion and its impact on corporate America has been one of the top HR trends and concerns, and for good reason. The fact is the U.S. population is changing rapidly. Most places we go today, we are surrounded by an extremely diverse group of people. For companies to keep up with unavoidable change and continue to grow their businesses, diverse representation from as many diff erent groups as possible is needed.

None of us are the same. We think, work, and act diff erently in similar situations. You can probably recall a time when you had a disagreement with someone. He or she might have had a diff erent point of view or idea than you. You might have presented thoughts he or she would not have thought about. In the end, the conversation was probably benefi cial to both of you as you considered new, original, and innovative ideas. It is a common fact people are friends with people similar to them. It is human nature and there is nothing wrong with that. However, if you think a step further, a diverse group of people from diff erent backgrounds with various ethnicities, genders, cultures, or disabilities can bring even more diverse ideas and experience to the table.

Workforce diversity can greatly improve decision making and problem solving. What if we gather a diverse group of people in one meeting room to work on a problem? By having people with diff erent backgrounds, experiences, cultures, and genders, the outcome will most likely be one of greater innovation,

creativity, originality, and improvement as diff erent positions on the same issue are discussed. Of course, you need proper communication to come to the fi nal conclusion, but it is worth considering the possibilities and how it can benefi t your organization.

Additionally, companies with a diverse workforce are bett er able to understand the demographics of their market than the ones with a limited range of diverse employees. Understanding your audience and having a team with representation from various groups—possibly individuals from the industry you are servicing—will lead to successful business.

A workforce that makes each person feel welcomed, respected, and valued as a team member will be able to retain the talent, experience, knowledge, and insight needed to impact their bott om line. Diverse workforce retention will allow organizations to solve problems more eff ectively, accept and embrace new situations, and recognize future prospects.

Another good reason for a diverse workforce is providing the opportunities for individuals to make a living, accomplish objectives, and become contributors to their communities. People who are not given those chances could be an untapped resource to take your company to the next level.

It’s important to remember, organizations face legal responsibilities in today’s business market. Companies can expect fi nes, or even loss of government contracts, by not meeting equal employment opportunity or affi rmative action compliance legislation. Having a diverse workforce is no longer just a preference, it is a requirement.

Considering all the advantages of having representation of various ethnicities, genders, cultures, ages, or people with disabilities in your workforce, it makes perfect business sense to utilize the diff erence these

individuals have to off er for a competitive advantage. No matt er what reason motivates your organization to diversify its employees, rest assured you will gain a head start over those who don’t.

For companies who want to build a balanced workforce (one that uses diverse perspectives and talents to foster growth and remain competitive), Berkshire can prepare a plan designed to meet your organization’s diversity objectives. We can prepare a traditional diversity plan—or based on your company’s defi nition of diversity—work with you to create a plan that goes beyond race and gender. Ultimately, we’ll work together to shape a compliant and diverse workplace that’s refl ective of your vision. To learn more, please call 800.882.8904, or email bai@berkshireassociates.com.

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Partner SpotlightPartner SpotlightReal Outreach Built On Strong Partnerships = Good FaithBy: Direct Employers Association

In today’s “audit heavy” environment, employers are looking to do more than just check a compliance box. They need meaningful recruitment initiatives, which is why DirectEmployers Association and the National Association of State Workforce Agencies (NASWA) have joined forces to create the National Labor Exchange (NLX). The system is designed to help employers and state workforce agencies navigate through the complex environment of employment and help qualifi ed candidates fi nd good jobs.

The NLX bolsters a storehouse of over 880,000 vett ed and unduplicated jobs from 90,000 employers. These are delivered directly to job seekers using JobCentral.org, Universe.jobs, State workforce agencies, participating state job banks and tens of thousands of other employment related sites. The NLX is overseen by an operations committ ee tasked with ensuring a working connection among states and employers by facilitating strong relationships between regulatory and state workforce agencies, as well as HR professionals.

Today’s employers need meaningful Veteran recruitment initiatives. This is why DirectEmployers and NASWA are dedicated to forming key relationships and delivering jobs to over 3,000 state, Veteran and employment representatives, who are responsible for seeing that our nation’s Vets fi nd rewarding careers.

In April, DirectEmployers Association announced the launch of over 5,800 dot-jobs (.jobs) military-friendly domains which have been added to the dot-jobs Universe (www.universe.jobs) to create an intuitive job search portal for

returning Veterans (www.veterans.jobs). The domains use the Military Occupational Classifi cation (MOC) crosswalk to assist military personnel in transitioning from active duty to civilian employment. Transitioning military personnel can enter their MOC into www.veterans.jobs to locate civilian occupations through dedicated military profi le pages (e.g. www.42F.jobs, www.25B.jobs, www.2891.jobs).

DirectEmployers Association is committ ed to helping employers reach Veterans through meaningful and successful partnerships and recruiting initiatives.

For more information about DirectEmployers Association, our partnerships, compliance, and other services, visit www.DirectEmployers.org. For more information on dot-jobs and how your organization can become involved in these eff orts, visit htt p://employers.universe.jobs.

Berkshire Associates and DirectEmployers Association work together as partners to provide organizations with the resources they need most. Berkshire shares its expertise in affi rmative action and related regulations with DirectEmployers’ members, while DirectEmployers Association off ers guidance and education around outreach and job distribution to Veterans and military. Both organizations deliver webinars, seminars, and distribute informative content to clients and members.

Out and AboutOut and About

Today’s employers need meaningful

Veteran recruitment initiatives.

By: Lauren Collinson

Berkshire’s second quarter hit all the right notes as we worked harder than ever to keep our clients in rhythm with the latest human resource updates—all while traveling to speaking engagements and events, hosting training seminars, and creating two industry-specifi c white papers.

We started out the quarter right on key with our Affi rmative Action Planning Boot Camp from March 13-18 at our leading HR Training Center in Columbia, Md. This interactive training includes our Fundamentals of Affi rmative Action Planning, BALANCEaap training, and Affi rmative Action Workshop—all in one. It’s defi nitely a true workout, and att endees leave with the knowledge, experience, and affi rmative action plans to ensure their companies’ compliance.

The same time we were conducting training at Berkshire, we were also enjoying meeting with fellow professionals in Charlott e, S.C., for the Annual Charlott e Area Liaison Group Regional Conference. This year’s theme was “Engaging a Diverse & Inclusive Workforce in the Carolinas” which was of great interest to the HR professionals in att endance.

What tune did we play as we made our way to the HR Houston 2011 Gulf Coast Symposium on May 12? The tune of diversity of course! One of Berkshire’s Senior HR Analysts, Kitesha Alston, PHR, shared her presentation, “Diversity Recruitment: Gett ing the Most Bang for Your Buck” with fellow att endees during the conference. This extremely timely topic enabled att endees to:

• Identify recruiting techniques that produce qualifi ed and diverse applicant pools

• Identify local and national diversity resources that support recruiting eff orts

• Identify methods of fostering relationships with organizations of diverse candidates

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HRCMF

Join our Linkedin group,

The HR Compliance &

Management Forum.

To learn more about this topic, or to have a Berkshire presenter speak at your next event or meeting, please contact Lauren Collinson at 800.882.8904 ext. 1307, or email laurenc@berkshireassociates.com.

Aft er our travels it was time to unwind the best way we know how—with an egg-toss, bingo tournament, and lots of hot dogs of course at our annual company picnic on May 20th! Berkshire employees and their friends and families enjoyed an aft ernoon outdoors celebrating a successful year thus far, and all we have in store for the rest of 2011. It was a perfect melody of fun, laughter, carefree competition, and great food.

Following the company picnic we got ready to sing some high notes during our visit to the HR Tallahassee Big Bend SHRM Conference on June 8. Here, one of Berkshire’s leading consultants, Charu Avasthy, PHR, spoke to fellow HR professionals about ‘The Healthcare Industry and New OFCCP Regulations: Impact and Planning.’ This session informed att endees in the healthcare industry of the implications of the recent Administrative Law Judge (ALJ) ruling (OFCCP v. Florida Hospital of Orlando, Humana Military Healthcare Services, Inc.) and how they can be proactive, tactically and strategically, to ensure their organizations are prepared. To learn more about this presentation, or to book an expert Berkshire presenter at your next event or meeting, please contact Lauren Collinson at laurenc@berkshireassociates.com or 800.882.8904, ext. 1307.

Once we got back to Maryland it was nothing but music to HR professionals’ ears during our exciting Affi rmative Action Plan Workshop on June 17. This training allowed att endees to work through the process of preparing an affi rmative action plan using their own data and the assistance of an affi rmative action specialist. To fi nd out more about Berkshire’s 2011 training schedule, please visit: htt p://www.berkshireassociates.com/training/register/selectclass.aspx.

When we weren’t busy traveling, speaking, training, or having fun,

we were knuckling down to create a symphony of information-rich white papers to help fellow professionals learn more about the topics that matt er the most to them. We released two FREE white papers in the second quarter, the fi rst “Affi rmative Action Industry Profi les—Understanding the Diff erent Compliance Needs in the Manufacturing, Healthcare, and Finance Industries,” and the second, “Eff ective Veteran Outreach—Understanding the Compliance Requirements.” To access these white papers, please visit: htt p://www.berkshireassociates.com/infocenter/whitepapers.aspx.

The fi nal notes to complete our second quarter song was fi nding out Berkshire was named a Small Business of the Year Award winner by the Maryland Chamber of Commerce! In recognition of this award, Berkshire’s President, Beth Ronnenburg, SPHR, stated, “To have Berkshire named a Small Business of the Year in is an honor. I credit Berkshire’s success to our commitment to putt ing clients fi rst and working towards meeting their unique needs.” Beth added, “As a small business, we are dedicated to providing organizations of all sizes with innovative human resource solutions to help them achieve balanced and equitable workplaces.”

In addition, Berkshire’s applicant management soft ware, BALANCEtrak, was named a fi nalist in the Best New Product of the Year—New Version category for the 2011 Stevie American Business Awards! Vice President of Product Development, Manoj Tiwari, is honored to have Berkshire’s BALANCEtrak soft ware acknowledged.

“To be recognized as a fi nalist by the ABA is truly a reward in itself. Our extremely talented team was incredibly innovative in designing BALANCEtrak to specifi cally meet the applicant tracking needs of HR professionals,” said Manoj. Crediting Berkshire’s success to its mission to help fellow HR professionals streamline their work, Manoj states, “We wouldn’t be where we are today without pushing ourselves to provide the best solutions to our clients, and exceed their expectations.”

As the year progresses on, we look forward to providing our clients with the latest tools, technology, updates, and resources needed to make their jobs easier and right on beat. We have so much in store for the remainder of this year, and can’t wait to share it with you. To fi nd out what Berkshire gets into next, make sure you check out the third quarter issue of BALANCEview. Meanwhile, receive industry information and updates by joining us on facebook at htt p://www.facebook.com/berkshirehr and on Twitt er at: htt p://twitt er.com/BerkshireHR.

We also have a great Linkedin group called The HR Compliance & Management Forum. It is an interactive group providing a platform for human resource compliance and management professionals to discuss the latest industry trends and best practices. Topics include affi rmative action compliance, equal employment opportunity, applicant management, compensation, diversity, and workforce planning. Join this group by visiting: htt p://www.linkedin.com/groups?mostPopular=&gid=3868246.

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AdverseImpact

CompensationAAP

VETS-100/VETS 100A Compliance

Get the latest human resource updates–DAILY!

Partner SpotlightPartner SpotlightBeware—the Org ChartBy: Richard G. Vernon, ChairEmployment and Labor DepartmentLerch, Early & Brewer

Who would have thought an employer’s organization (org) chart can be used to support a claim of race, or other illegal employment discrimination?

An org chart may be a useful device for an employer, as it shows reporting relationships among the various levels and departments throughout an organization. Even this long-used and seemingly benign instrument must be constructed carefully as it may be alleged to provide support to a discrimination claim. In a suit fi led in federal District Court in 2007, a minority department head in an organization claimed she should have had the same title—viz., Vice President—and been paid within the same salary range as all of the corporate vice presidents, with whom she shared the same horizontal line of the company’s org chart.

In fact, the company had never intended its organization chart to refl ect salary relationships or the comparability of salaries among its employees. Similarly, it had not intended the chart would suggest that an individual’s position in the vertical chain of command in, for example a department, could be compared with the positions of any other employees on a horizontal basis. In addition, the company regularly retained outside wage consultants to determine both the appropriate title and the appropriate pay grade for each position on the org chart, based upon a job description for each position that had also been regularly reviewed and updated.

Nevertheless, the employee pointed to the fact she had never been given the title of Vice President and had not been paid within the range of vice presidential pay. She alleged this was discriminatory, because all of the other

positions in the same senior level horizontal line on the org chart were Vice Presidents and were fi lled with non-minorities. She pointed to the org chart as establishing her claim that while her role was recognized as having the same importance the organization as that of every Vice President—she headed a department, as did each of the VPs, and thus was designated on the same horizontal line as they—she, alone, was denied the title and pay of a Vice President.

It is unlikely such a claim, in the absence of any more evidence of discrimination, would result in judgment for the employee. This case instructs, however, that an organization must take care in developing an org chart. We suggest two alternative methods for avoiding discrimination claims on this basis. First, construct the chart so as to show both relationships among those in comparable pay grades and reporting relationships. This would, however, require a great deal of careful consideration and could also generate an org chart with an unusual confi guration. Second, perhaps more simply, an org chart may have a caveat noted on it that states the chart’s sole purpose is to show reporting

relationships and further, that it is not intended to refl ect comparative positions within the organization with respect to pay, pay grades, diffi culty or comprehensiveness of job duties, or any other factor.

For more information on these issues and on how to avoid “org chart issues,” contact author Rick Vernon at 301.907.2818 or rgvernon@lerchearly.com.

Rick Vernon, an att orney who founded and co-chairs Lerch, Early & Brewer’s Employment & Labor group in Bethesda, Maryland, defends employers against all workplace claims, including discrimination claims and wage and hour (overtime) disputes. His practice also involves extensive counseling and advice to reduce the risk of litigation on issues relating to compliance with employment statutes and regulations and with judicial and administrative rulings.

Berkshire Associates and Lerch, Early & Brewer have partnered to provide professionals with the resources and expert advice and counsel they need to remain compliant in today’s changing industry.

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HR Soup....cont. from page 1

New White Papers AvailableBerkshire’s latest FREE white papers, ‘Historical Perspective on Affi rmative Action,’ and ‘Eff ective Veteran Outreach—Understanding the Compliance Requirements are now available! These white papers, writt en by leading compliance experts, provide insight on the diff erent affi rmative action planning needs various industries face, and solutions to overcome these unique challenges. To access these informative white papers, visit htt p://www.berkshireassociates.com/infocenter/whitepapers.aspx.

Another soft ware application Berkshire developed to help HR professionals remain compliant is an adverse impact calculator, BALANCEact. BALANCEact is a Web-based application that gives you the advantage of running adverse impact analyses right from the Web. Why is this important? Employment regulations prohibit employers from using employment practices that unfairly aff ect members of a protected class. BALANCEact is a necessity for employers who want an easy, yet eff ective way of preventing adverse impact. You can learn more about BALANCEact, and sign up for a free trial, by visiting htt p://www.berkshireassociates.com/affi rmativeaction/balanceact.aspx.

Now that our meat is done, it’s time to spice things up a bit to make our soup, or organization, more appealing and appetizing. One of the top spices an HR chef can add is a competitive and fair compensation package and plan. Compensation is undoubtedly the most powerful instrument available to employers who want to entice, motivate, and retain the right employees. Berkshire gets this, which is why we off er leading consulting services to help companies develop a plan that takes full advantage of the benefi ts of compensation. From driving the right behavior to remaining competitive in the marketplace, Berkshire partners with companies across the country to engineer employee performance, desired outcomes, work culture and values through sound compensation planning.

Berkshire also understands compensation compliance is a necessity which is why we created BALANCEpay—a comprehensive salary equity soft ware that allows you to manage fair pay the easy way. BALANCEpay makes running complicated salary equity analyses convenient and cost-eff ective. Simply import salary data, and BALANCEpay quickly identifi es pay inequities. This saves companies time and money, and reduces the risk of pay-related lawsuits and claims. Check out BALANCEpay by visiting htt p://www.berkshireassociates.com/compensation/balancepay.aspx.

You’ve got the protein and the fl avor in your HR soup, but what about the healthy stuff ? Vegetables make your soup hearty and healthy. These are things like workforce planning, training, worklife balance, and employee assistance programs. At Berkshire, we off er HR chefs the veggies they need in the forms of training, job description services, diversity planning, and succession planning, among others. HR training programs can be the best veggie in your soup as they not only strengthen the overall organization, but help you and your employees thrive. Companies are oft en in need of training that specifi cally addresses a corporate need or objective. Berkshire’s certifi ed trainers work with you to develop comprehensive human resource training which is designed and customized to meet those needs. Our training programs are eff ective for any size group, from a few HR professionals to a corporate-wide initiative. We have successfully conducted customized training for hundreds of companies on a variety of topics. To learn more about Berkshire’s training courses and delivery options—including Public, Group Online, One-on-One Online, Self-Paced Online, Private, and Webinars, please visit htt p://www.berkshireassociates.com/training/delivery.aspx. Training, along with other workforce planning programs, consistently provide for a healthy, strong, and happy workforce.

As we know, “it’s all about presentation” when it comes to an appealing soup. Not only do HR professionals need to be good cooks, but they have to be good at presenting it too. The HR chef knows how good the soup tastes, and how much sense it makes for the organization to eat it, but it has to be presented it in such a way to entice people to try it. HR professionals need to sell their soup in the most att ractive and cost-eff ective manner possible. To do this, they need to base their recommendations on the overall corporate strategy while saving time and money and increasing the return on investment. This can oft en be a challenging task, and Berkshire understands that which is why our Client Solutions Managers can work

directly with you to make this easier. Any seasoned HR professional knows it takes a lot of knowledge, experience, and support to make the perfect soup for their organization. Berkshire wishes you happy cooking, and is here for any of your HR needs to help you develop a unique recipe for your organization’s success. To learn more, please visit www.berkshireassociates.com.

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Building....cont. from page 26. Provide a solid business case for

automating your recruitment process or replacing an antiquated system by giving a compelling presentation to your executive team—here are some convincing arguments you may use to build your case:

a. Automation (or a new system) will save time and resources and most likely bring in quality candidates which can be easily translated into real money (show your ROI).

b. Recruitment is a group activity which involves several people during the hiring cycle; hence it works much bett er when information is centralized and shared (present a sharing process image).

c. For hiring managers who are swamped with their work, recruiting is a low-priority task, generally not built into their project plan—saving them time is a top priority so they can accomplish these tasks—Applicant Tracking Systems (ATS) can make it easy by providing prescreened candidates and integrated processes.

d. Research indicates automation improves productivity, which will do the same for the recruiting process (show some industry data charts on productivity gains).

e. The use of an ATS will reduce the time it takes to fi ll open positions.

f. Packaging is as important as the content—recruiting good candidates requires a professional company image and branding, starting with an effi cient recruitment management process, professional career site presentation, polished online applications, and automated communication system (all of which a well designed ATS can off er).

g. Reduce liability and mitigate risks by deploying an ATS that is non-discriminatory in

its selection process, meets compliance regulations, identifi es problem areas, and produces data that can potentially help the company against any frivolous lawsuits (present Equal Employment Opportunity Commission (EEOC) and Offi ce of Federal Contract Compliance Programs (OFCCP) recent lawsuits and audits).

h. The time it takes to review résumés can be greatly reduced by automating the selection process using a prescreening and scoring system—which will improve the quality of candidates.

i. Maintain all communications with candidates in one system for easy access and organization.

j. Using an ATS will allow you to capture and analyze candidates’ demographic, geographic, and sourcing information to verify the eff ectiveness of your recruitment eff orts.

k. Data will remain secure in light of privacy and confi dentiality concerns, and you will be able to use integrated services like background screening to keep workfl ow easy.

Automating your applicant management procedures is one of the best changes you can make to streamline your processes. With the current business environment and changes in technology, web-based platforms have become the norm. Now is the time to invest in an ATS to ensure your company’s continued success, competitive-edge, and growth.

Berkshire Associates understands the need for recruitment automation, which is why we developed BALANCEtrak, a leading Soft ware as a Service (SaaS) web-based applicant management system designed to meet the HR professionals’ needs. BALANCEtrak can be securely accessed anywhere, at anytime just using an Internet connection…making it the ideal platform to centralize all recruitment

initiatives. Whether a user has multiple departments, locations, or people involved in their process, HR professionals can manage it all from one central location without using their IT resources. Users can communicate tasks, get approvals, set applicant dispositions, schedule interviews, send emails, post jobs, and initiate the background screening process—all by using BALANCEtrak.

BALANCEtrak empowers you to build a process that suits your company’s unique needs.

• Pay by requisition and not user; so your costs are aligned with recruitment activity

• Flexible enough to adjust to fl uctuating staffi ng eff orts

• Scalable and customizable to meet your unique objective

• Eco-friendly product signifi cantly reduces paper costs and usage

• Remain compliant with AA/EEO laws and guidelines

To fi nd out more about BALANCEtrak, please visit www.balancetrak.com or call 800.882.8904.

For more information on creating a business case for applicant management automation, please feel free to email me at manojt@berkshireassociates.com.

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Our computer room is equipped with 13 high resolution computers. Each computer has high speed Internet access, CD-Rom drive, & 15” LCD Flat-Panel monitors.

In addition, the room includes: • Two printers • Ceiling mounted LCD projector • White board • Instructor podium Specifi cations for workstations can be confi gured to meet your needs. One hour of technical support is included.

Meeting Room Space

The standard meeting room accommodates 30 people & includes:

• Tables that can be confi gured in various ways • Ceiling mounted LCD projectors • White board & fl ip chart • Instructor podium with laptop • Speakers & clip on microphone

Services & Amenities Berkshire off ers the options of: • Catered Continental breakfast • Catered lunch

For your convenience & use, Berkshire provides:

• Full kitchen with refrigerator • Unlimited beverages • Aft ernoon snack • Private client room with phones, computers, & Internet access

Contact Information:

To book a training room, or for additional information please call 800.882.8904 or 410.995.1195 ext. 1220.

Fundamentals of Affirmative Action: October 18-19, 2011

BALANCEaap Software Training:October 20, 2011 (BALANCEaap)October 20, 2011 (BALANCEaap Web)

Affirmative Action Plan Workshop:(Soft ware purchase and training are required)October 21, 2011 (BALANCEaap)October 21, 2011 (BALANCEaap Web)

AAP Boot Camp:(Register for four days in a row for the above three classes and save $170) October 18-21, 2011 (BALANCEaap)

Group Online Public Training(Three one-hour sessions over three days)BALANCEaap Soft wareAugust 16-18 • October 18-20

BALANCEaap WebSeptember 19-21 • November 15-17

For more information, or to register online, visit: www.berkshireassociates.com/training or call 800.882.8904.

Training Training

Meeting & Training Room Rental Space

AVAILABLE!Worried about where to book

a room for your next training class or meeting?

Need computers? RELAX!

Berkshire Associates removes the stress of locating a facility that off ers

meeting & training room rental space. We are conveniently located at:

8924 McGaw CourtColumbia, Md. 21045

Contact Information:To book a training room, or for additional information please

call 800.882.8904 ext. 1220.

By: Lauren Collinson

The role of the human resource professional has evolved greatly over the past decade. It’s no longer just about the hiring and fi ring—HR professionals are vital to the success, growth, and business direction of a company. From meeting compliance requirements, to tracking applicants and instituting eff ective onboarding processes—HR professionals must perform roles and functions that directly support their company’s overall strategic objectives. According to YoungHRManager.com, “The core functions of a human resource person are grouped into four

Fast FactsFast Facts broad roles that must be carried out professionally. Today’s HR professional is:

• A strategic partner to his organization

• An administrative expert• A change agent• An employee champion”

Human resource professionals truly are the backbone of a successful organization. At Berkshire Associates, we understand what your job entails, which is why we work hard to create soft ware and service solutions to meet your evolving needs. To fi nd out how Berkshire can help streamline your processes, please call 800.882.8904 or email bai@berkshireassociates.com.

Meeting & Training Room Rental Space

8924 McGaw CourtColumbia, MD 21045www.berkshireassociates.com

PRSRT STD

U.S. POSTAGE

PAID

PHM Add Some Spice to

Your HR SoupBerkshire provides HR professionals with theingredients they need to master their own

blend of HR Soup. With a dash of best practices and a pinch of regulatory information, our FREE

webinars and white papers will add the right spice to your HR objectives.

It’s time to add some spice to your HR recipes!

The Newslett er of Berkshire Associates Inc. Qtr. 2 ~ 2011