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In an issue of Corporate Counsel an article entitled It's a Systemic World Out There discusses the EEOC's pursuing large "systemic" cases. For example, in fiscal year 2011 they conducted 580 systemic investigations, filed 84 systemic lawsuits, and settled 35 systemic cases for total $9.6 million. Although your company might not be large enough to be on the EEOC's radar screen, I can tell you that attorneys are also suing small to midsized companies on a class basis. An employee walks into a lawyer's office because they didn't receive their final paycheck, and before you know it they're filing a class-action lawsuit against your company for missed overtime and meal periods. The article provided a few golden nuggets of advice: When responding to an EEOC inquiry, don't use the phrase "pursuant to our consistently applied policy." This only invites a broader request for information. Do not submit more information than is necessary. Conduct your own statistical analysis before submitting data. Do preventative analysis looking for adverse impacts in the hiring, promotion, or termination practices. Validate pre-employment tests. Conduct preventative compensation analysis periodically. Cover all internal analysis with attorney-client privilege. This might be impossible in smaller organizations, but you can certainly retain outside counsel to instruct you on how to conduct such analysis and report back to them. Listen to your employees. As I have always recommended, you should survey your employees, including use of the Employee Compliance Survey that can be found in HR That Works. Invigorate that underutilized internal complaint system. Again, go one step further and ask if there's a problem –don't wait for them to tell you there is one. Stay current with legal trends. This is one reason why HR That Works membership is so valuable. Walk the talk. Are you sensitive to the potential for your practices to cause adverse impacts? Frankly in my experience I can tell you that some business owners could care less about whether a practice causes an adverse impact. All they care about is getting the best employees they can, damn the EEOC. Of course, few companies appreciate a risk until they're hit with it. Finally, the article points out how large corporations can gather the data requested by the EEOC easily because they have such large HRIS systems. However, most companies with less than 500 employees don't have this data readily available, and t collecting it can be an over-burdensome process. This is one reason to make sure that you hire an attorney any time you receive a communication from the EEOC or another regulatory agency.

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You can't eliminate the stress that your employees bring to work - but you can offer them these guidelines to help manage workplace stressors on their own: Prioritize, streamline, delegate, and discard. When facing a task, ask if it's really necessary to do immediately. Break things up. Take two - to three - minute breaks every hour and commit to doing at least one fun thing every day. Make time. Build time into your schedule for creative expression, healthy eating, moderate daily exercise, hanging out with friends, and enjoying nature. Be on time. Build in cushion time between appointments to allow for traffic and the unexpected. Send negativity flying. If a co-worker is on the warpath, visualize an airplane with an ad banner over the person's head, with each negative word floating up into the banner and out of view. Relax and watch what happens. Do mini-meditations or mindful breathing while you're between tasks or in line at the cafeteria. Get essential nutrients. Go beyond vitamins and begin to think about daylight and laughter as integral parts of your daily life. Consider what you're consuming. Sugar, caffeine, and alcohol can increase stress levels. Watch your words. Don't let negative internal chatter and self-recrimination distract and demoralize you. Be kind. Do something nice for a different co-worker every day until it becomes second nature to reduce stress for others. Sleep on it. Sleep deprivation a major culprit in stress is Try to get restful, restorative slumber every night, and watch your stress level decline.

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Hurricane Sandy, tornadoes, flood -- all of these disasters affected construction firms during the past year. Some companies took direct hits, while others suffered from massive service demands, and shortages of help and supplies. Although your business might never face such massive "destruction and distress," other events --everything from IT failure to vandalism -- could trigger a crisis. Whether it's a catastrophe or a stressful disruption, the best way to prepare for any potential disaster is to develop a catastrophe plan in advance. This plan should allow your staff to mobilize the right resources quickly in the right order so you can get up and running with as many contingencies as possible accounted for in advance. How do you go about developing a plan? What's the process? Who should you include? How often should you review and update it? An effective plan should involve a "business resumption team" with managers from these areas: Information technology Communications, both internal and external Moves and relocations Services and logistics Salvage and security Customer service Before a crisis erupts, the team will determine what activities to follow, assign responsibilities for these tasks, and provide the resources and information needed. When compiled and organized, these activities, responsibilities, resources, and information make up the disaster plan. Don't wait for a crisis to uncover the gaps in your preparations. Get started now on creating and/or updating your plan. Feel free to give us a call so we can offer our advice and recommendations. Insurance might not solve all your crisis planning problems, but it can provide a solid foundation.

The trees in your yard can enhance your property, provide shade and offer abundant environmental benefits. However, trees can also pose a safety hazard to your family and your home if they are not properly inspected and maintained. Trees can present a particularly significant danger during a storm. Wind, lightning, snow and ice can all transform a tranquil row of trees into an imminent threat to your property. Proper tree maintenance involves more than pruning and trimming overgrown branches. These are some of the key steps you can take to protect your trees and prevent them from becoming a safety hazard. The trees in your yard can enhance your property, provide shade and offer abundant environmental benefits. However, trees can also pose a safety hazard to your family and your home if they are not properly inspected and maintained. Trees can present a particularly significant danger during a storm. Wind, lightning, snow and ice can all transform a tranquil row of trees into an imminent threat to your property. Proper tree maintenance involves more than pruning and trimming overgrown branches. These are some of the key steps you can take to protect your trees and prevent them from becoming a safety hazard. Steps to Take Before a Storm Remove any dead trees on your property. Enhance the health of trees through timely watering, proper fertilization and protection from soil compaction. Healthy trees will be able to better adapt to changes in the environment, remain firm in the wind and react more effectively to damage. Regularly prune dead or broken limbs to help trees maintain their structural integrity. In addition, thin excess branches every three to five years. For more information, visit arborday.org. Remove or treat pest problems as soon as you spot them to minimize potential damage to trees. Be careful not to over-treat tree hollows, and do not remove decayed wood from hollows unless it falls away in your hands. Cleaning hollows can cause additional internal damage to trees. If possible, cover the opening to hollows. Six Signs to Monitor When performing maintenance on the trees in your yard, please make safety a priority. If you are unable to safely prune or remove trees and limbs, contact a professional tree-care service or arborist to help you do so. It may be a good idea to consult with a professional if the trees in your yard already display any of the following characteristics: Cracks in the trunk or major limbs Signs of hollowing and decay Mushrooms growing from the bark Significant leaning to one side Limbs in contact with power lines Branches hanging over your house Although the branches may not be touching your house under normal conditions, high winds can cause trees and branches to bend or break. Sources: Travelers, Clatterbuck, Wayne. "Storm-Damaged Residential Trees: Assessment, Care and Prevention." Extension.Tennessee.edu. The University of Tennessee; Coder, Kim. "Storm Damaged Trees: Prevention & Treatments." Warnell.Forestry.UGA.edu. The University of Georgia.

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