| Employee Benefits Institute Conference |
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SHRM-KC invites our members to register for the 30th Annual Employee Benefits Institute Conference being held next Thursday, May 5th in Overland Park! For full information and to register, click the link below.
Look for us at the event as we will be exhibiting and promoting SHRM-KC!
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30th Annual Employee Benefits Institute
Thursday, May 5, 2016
Overland Park Convention Center
Come see what we have for you...
Financial Wellness: The Progression of Financial Wellness Beyond Traditional Approaches
Chris Hogan, Ramsey
Financial Wellness
Employee Benefits Legal Update
Pamela D. Perdue, Summers, Compton & Wells, LLC
When Women Thrive: Surprise Findings from Mercer's Global Diversity Research
Pam Jeffords, Mercer
Washington Update
Phyllis C. Borzi, U.S. Department of Labor
Fiduciary Playbook for Today's Best Practices in Managing Qualified Retirement Plans
John "Chip" Harkins, Jr., The Newport Group
Medicare: What Employee Benefit Professionals Need to Know
Mary L. Kesel, Benefit Advocates, Inc.
Assessing the Quality of Employee Benefit Plan Audits
Marcus Aron, U.S. Department of Labor
Are You Prepared for the 2020 Cadillac Plan Excise Tax?
Travis Parson, Willis Towers Watson
Data Breach & Cyber Security
Jeff Lanza, The Lanza Group
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May 5th - 30th Annual Employee Benefits Institute Conference
8:00 a.m. - 5:00 p.
m. - Overland Park Convention Center
May 10th - New Member Orientation
10:45 a.m. - 11:15 a.
m. - Lidia's Restaurant
May 10th - Enlightened HR Luncheon
Effective Workplace Investigations - An HR Professional's Guide
Katie Worthington JD, Worthington Employer Solutions
11:15 a.m. - 1:00 p.
m. - Lidia's Restaurant
Sponsored by Jobshakers
May 18th - Rising Sun Breakfast Meeting
Moving the Needle on Employee Engagment and Performance Excellence
Randy Woehl, SPHR, SHRM-SCP | Manager of HR and Organizational Development, Cartwright International
7:45 a.m. - 9:00 a.
m. - Visiting Nurses Association
May 26th - 28th Annual Heartland Labor & Employment Law Institute Conference
7:15 a.m. - 5:00 p.
m. - Overland Park Convention Center
June 7th - Bright Ideas Webinar - Taking Care of Business and Working Overtime
Timothy A. Davis, JD, Constangy Brooks Smith & Prophete
12:00 p.m. - 1:00 p.
m. - online webinar
June 14th - Enlightened HR Luncheon
Think Inside the Box: Finding a Balance Between Creativity and Compliance
Steven Iwersen, Aurora Point
11:15 a.m. - 1:00 p.m. - Lidia's Restaurant
July 12th - Enlightened HR Luncheon
The Six Practices of Strategic HR Leaders
Todd Averett, President, Leading People Partners
11:15 a.m. - 1:00 p.
m. - Lidia's Restaurant
To register for these and other upcoming events,
please visit
SHRM-KC.
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Membership Referral Incentive
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We love new members and SHRM-KC would like to reward you for referring your HR colleagues to our chapter. We are interested in referrals of all types: new college grads, entry level HR professionals, experienced HR Leaders and consultants who serve the HR industry.
How It Works is Simple!
For any member that you refer who joins SHRM-KC, you will earn a $25 Visa gift card. There is no cap on the number of incentives you can earn, so the rewards are unlimited!
In order for the referral to be credited correctly to you, the new member must list you as the referral source when they complete the membership application. Check out
SHRM-KC
for more information or contact
Brandi Riggs
with any questions.
We thank you for your support and look forward to rewarding your efforts to continue to build our SHRM-KC HR community!
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| Governmental Affairs Updates |
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Actual and Punitive Damages Affirmed in Retaliation Claim
In Turner v. Kansas City Public Schools (April 5, 2016), the Missouri Court of Appeals for the Western District, which covers Kansas City, Missouri, affirmed an award of actual and punitive damages on a retaliation claim by a secretary for the Kansas City Public Schools ("KCPS"). Turner worked as a secretary for the KCPS from 1991 to 2012. When the 2010-2011 school year ended, Turner was furloughed from her secretarial position, and she filed a union grievance claiming wrongful termination. KCPS reinstated Turner and during the 2011-2012 school year, she began having difficulties with KCPS administrators even though she had never received discipline before. On February 7, 2012, Turner filed a union grievance regarding her alleged treatment at work. On April 15, 2012, Turner filed another union grievance alleging a "hostile work environment." Three days later, Turner was issued a "Letter of Reprimand" from the Vice Principal of the school where she worked alleging that she engaged in misconduct, including taking a prom dress from a student donation, calling another secretary a derogatory word, purchasing a cup of coffee for a student, and stating loudly that she had "had enough of this and [was] leaving."
On May 2, 2012, Turner filed a charge with the Kansas City Human Relations Department (KCHRD) alleging discrimination and retaliation by KCPS. KCPS received the charge from the KCHRD on May 16, 2012, and on May 24, 2012, Turner was issued a Letter of Final Reprimand alleging that she called a student "dangerous" in front of other students and a parent. The letter stated that it was the "final warning" and if the problems persisted, "termination will be recommended." Turner was then assigned to work during the summer school session at another school. During the summer school session, KCPS had discussions about terminating Turner, but postponed a meeting to discuss her termination because Turner had an EEOC charge pending. Turner was then offered the option to transfer to another school in lieu of termination and given a final opportunity to improve her performance. After KCPS Human Resources inquired about Turner's performance at the school to which she was transferred, KCPS terminated Turner's employment on August 29, 2012. At trial, the jury found KCPS liable for retaliation, and Turner was awarded $50,000.00 in compensatory damages and $37,500.00 in punitive damages.
The Missouri Court of Appeals for the Western District held that there was sufficient competent evidence to support the jury's determination that Turner's charge of discrimination was a contributing factor in KCPS's decision to terminate her. In support of its determination, the Court stated, "The evidence established that KCPS administrators discussed plans to terminate Turner in June 2012 after she had filed her discrimination charge." The Court also discussed the fact that "KCPS had no credible explanation as to why the decision to terminate Turner in June was made in the first place." Furthermore, the Court stated, "a reasonable juror could have found that KCPS's proffered explanation for terminating Turner was false and inferred discriminatory purpose on KCPS's behalf." KCPS alleged that it terminated Turner because she missed work on August 17, 2012 and she was late to work on August 24, 2012, but the Principal at the school had approved Turner's timesheets showing that she was actually at work on time on both of the days. KCPS also alleged that Turner had transferred three students to another class without the Principal's authorization, but Turner testified that the Principal retroactively authorized the transfers. In addition, the Court granted Turner's motion for attorney's fees.
Take-Away
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Under the Missouri Human Rights Act, plaintiffs must only prove that their opposition to a practice or filing of a complaint was a "contributing factor" in the employer's decision to terminate their employment. Therefore, employers must ensure that reasons for terminations are legitimate, especially when an employee has opposed a practice or filed a complaint.
Re-Assignment to Another Position Not Adverse Employment Action
The Eighth Circuit Court of Appeals, which covers Missouri, held that Wal-Mart did not fail to accommodate a stockroom employee with multiple sclerosis (MS) in Kelleher v. Wal-Mart Stores, Inc., Eighth Circuit Court of Appeals (March 31, 2016). The employee was reassigned to a night cashier position and alleged that she feared she would face embarrassment and have difficulty in performing her job duties in the new position. In 1997, the employee notified her supervisors that she had been diagnosed with MS and could no longer climb ladders as part of her stocker position. Wal-Mart accommodated the employee's verbal request, and she was no longer required to use ladders. In 2006, the employee submitted an accommodation request to take time during her shift to take medicine, which was granted by Wal-Mart. In 2009, the employee requested an additional 15-minute break. The local HR manager for Wal-Mart recommended that this request be denied and that the employee be reassigned to another position because she could not use the ladder. However, the store manager granted the request, and the employee continued in the stocker position. In January 2011, the employee sought leave for an appendectomy, and submitted a request for additional permanent accommodations upon her return, including no overhead lifting, no climbing ladders, no pulling of pallets, and a 10-pound lifting restriction. These requests were denied, and in response, the employee had her doctor change the restrictions to only prohibit climbing of ladders and working in extreme hot or cold conditions.
In June 2011, the employee submitted an accommodation request for a second extra 15-minute break. The employee also submitted a doctor's note stating she could not stand for 45 minutes before needing a 3-minute break, she could not lift over 10 pounds, she could not lift overhead, she could not walk over 300 feet, she could not climb ladders, and she could not work in temperature extremes. This request was preliminarily granted by the employee's Wal-Mart store, but was required to be submitted to Wal-Mart's corporate headquarters due to accommodation requests becoming centralized in 2010. In October 2011, Wal-Mart's corporate headquarters sent the employee's store a letter denying the employee's requests and required that the store put her on unpaid personal leave for up to 90 days while they found a suitable reassignment for her within her work restrictions. The employee's store never received the letter, and so she continued her employment as a stocker until January 21, 2012 when corporate headquarters sent a second letter. The second letter stated that the employee should take Family and Medical Leave Act or personal leave and apply for positions within her work restrictions.
The employee's store manager and HR decided to reassign the employee to the overnight cashier position because it did not require ladder use, was less physically strenuous than stocking, and included a 20 cents/hour raise. The employee did not want to move to the overnight cashier position because she feared that customers would make comments about her, and that she would have difficulties performing the position because of her speech and eyesight. The 8th Circuit held that the employee's transfer to a new position was not an adverse employment action because she did not present any medical evidence that the duties of the position would be difficult for her, or that she was actually subject to harassment or comments by customers.
Take-Away
:
If possible, reassign an employee with a disability to a position that the employee is comfortable with and has the skills to perform. If that is not possible, reassignment may still be reasonable in certain situations.
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| Accepting LEAD Award Nominations! |
| Leadership | Excellence | Achievement | Dedication |
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This prestigious award is given to recognize and honor a Missouri Human Resources professional who has achieved the highest level of Leadership, Excellence, Achievement and Dedication in the field of Human Resources.
The 2016 award recipient will be announced and recognized at the SHRM Missouri State Conference, August 2-5, 2016 at Tan-Tar-A Resort.
Would you consider nominating a deserving colleague? To learn more about award criteria and to access the award application, visit
LEAD AWARD.
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SHRM-KC has a lot of great initiatives in the works for 2016 and beyond and we need YOU to help us make it happen! If you have been thinking about volunteering now is your chance to jump in and get involved in one of our wonderful committees. See the brief descriptions of the committees below and let us know if you want to join the team! It's a great way to meet new people, build your network and have a lot of fun at the same time!
College Relations/Workforce Readiness -
This committee works with our local SHRM-KC student chapters and student membership to prepare them for a future in the human resources profession. They also work with students and professionals in transition with mock interview events and resume review to assist in their job search. The committee meets the second Thursday of the month at 7:30 am at Panera Bread at 11022 Metcalf Avenue, Overland Park. Please
contact
Kristie Lyons
for more information.
Marketing/Communications & Social Media -
Our Marketing/Communications and Social Media committee produces our monthly newsletter, monitors and contributes social media campaigns and seeks opportunities to increase awareness of SHRM-KC, and they ensure complete communication of events and news with our members. This committee meets the 3rd Thursday of the month at 5:30 p.m. for Happy Hour at rotating locations. Please contact
Jessica Robino
for more information.
Membership
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The membership committee recruits and onboards new members, ma
nages membership outreach activities and plans various social events throughout the year. We meet on the first Thursday of each month at
4:30 p.m. at Coach's Bar & Grille, 414 W 103rd St Kansas City, MO 64114.
Please contact
Brandi Riggs or
Renee Elliott
for more information.
SHRM Foundation & Community Outreach -
In addition to creating a fundraising campaign to support the chapter's donations to the SHRM Foundation, the Foundation/Community Outreach Committee identifies other opportunities for SHRM-KC Members to serve in the community with programs such as Harvesters, New Landings, and Operation Stand Down. Please contact Judy Jorgensen for more information.
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| Prizes needed for May Drawing |
The
SHRM Foundation
advances global HR knowledge and drives practice through:
- Thought leadership and educational support
- Funding and delivering progressive, actionable, evidence-based research
Many of you have taken advantage of the resources available through your national SHRM membership. Much of that was made possible by the foundation.
Several in our chapter have benefited from scholarships provided by the foundation and we look forward to supporting the foundation through fundraising efforts throughout the year.
Our next event will be a drawing at the May luncheon. If you or your company would like to donate items for the drawing please contact
Judy Jorgensen
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Celebrate the 4th Annual Missouri SHRM HR Day with thousands of your peers across the State!
It's our special day to promote and acknowledge the vast contributions HR professionals make within their organizations and their communities. There's no formal MO SHRM event and no rules to follow so you can be as creative as you want and plan your own celebration.
Want to know what others have done in the past?
- Take the HR team out for lunch
- Have an HR display table in a visible area of your company for some great face time with employees, serve snacks/beverages or have a fun prize drawing for a "Know HR" knowledge quiz
- Meet with your Mayor for an HR Day Proclamation ceremony
- Schedule a volunteer event for your HR team to give back to your company or community
- Be creative in what fits your team and have fun
Please share your HR Day pictures and events at #MoShrmHRday
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NAVIGATING HR
August 2-5, 2016
Tan-Tar-A Resort at Lake of the Ozarks
Full conference begins Wednesday morning, August 3
and ends Friday, August 5 at noon
Join 500+ HR professionals from across Missouri to share best practices while you learn from top level speakers, earn recertification credits, renew friendships and make valuable new connections.
Attendees include, senior HR professionals, supervisors, managers, and directors currently practicing in the Human Resources field.
Speakers will cover subjects and topics in the HRCI Body of Knowledge and SHRM Body of Competency & Knowledge. All presentations will meet the criteria for recertification credit from both SHRM and HRCI.
Keynote speakers include: Lilly Ledbetter - Greg Hawks - Jay Kuhns - plus 29 concurrent session topics feature leading HR experts.
Need to convince your boss to approve your attendance? Check out this new resource at www.mo-shrm.org
3-DAY EARLY BIRD PRICE THROUGH JUNE 5
- $425
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ncludes up to 18 hours of recertification credit, meals and coffee breaks, conference mobile app and $50 discount for SHRM members.
PRE-CONFERENCE WORKSHOPS - $199
Includes access to Pre-Conference Only for both AM and PM Workshops, 8 hours of recertification credit, coffee breaks, conference mobile app and $50 discount if only attending the morning
or afternoon session.
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With nearly 500 members and growing, we realize that it's difficult to get to know everyone! In order to get to know our members a little better, we've reached out for some fun facts to share!
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Madison Maddox is a Staffing Manager at Ajilon Professional Staffing and an active member of our Social Media committee!
Area of HR Expertise: Recruiter/Staffing - specific to HR professionals, Marketing, Customer Service, Office Clerical and Supply Chain/Logistics
Favorite vacation spot: Mexico
Favorite KC restaurant: Margaritas
Something on your bucket list: Travel to Europe (primarily Italy) - which my family and I are doing later this May!!
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Want to be featured in an upcoming newsletter? Please contact
Jessica Robino to volunteer yourself or recommend another SHRM-KC member.
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Welcome to our new members!
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Welcome to the following members who joined or rejoined SHRM-KC in April!
| Frances |
Gentili |
McAnany, Van Cleave & Phillips |
| Tami |
Middleton |
Village Shalom |
| Esther |
Decker |
Christ Community Church |
| Tim |
Stout |
The Groves |
| Stephanie |
Williams |
Specialty Insurance Solutions, Inc. |
| Martin |
Riggs |
Concorde Career Colleges, Inc. |
| Gavin |
Steketee |
CBIZ Employer Services Organization |
| Diane |
Garber |
Citizens Bank & Trust |
| Darlynn |
McDaniels |
Gill Studios |
| Morgann |
Buttz |
The Bar Method |
| Lisa |
Morris |
AMC Entertainment, Inc. |
| Matthew |
Houseworth |
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| Liz |
Janney |
Isle of Capri Casino |
You are cordially invited to attend our next New Member Orientation on May 10, 2016 10:45-11:15 am at Lidia's, just prior to the monthly luncheon. This is a great way to meet other members and learn more about the multitude of member benefits!
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