1. www.duanemorris.co ©2013 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Palo Alto | Baltimore | Boston | Washington, D.C. Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP – A Delaware limited liability partnership TOUGH LOVE: WHAT YOUR CEO WON’T TELL YOU ABOUT HR, BUT I WILL* prepared for Pennsylvania SHRM 13 th Legislative & Legal Conference April 19, 2013 *No statements made in this seminar or in the PowerPoint or other materials should be construed as legal advice or as pertaining to specific factual situations. Further, participation in this seminar or any question and answer (during or after the seminar) does not establish an attorney-client relationship between Duane Morris LLP (or the Duane Morris Institute) and any participant (or his or her employer). DM2/4206264.1 presented by Jonathan A. Segal, Esquire

2. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 1.Speak Plain English (minimize “HR-ese”) a.Proactive b.Value added c.Synergy d.Paradigm shift e.Outside the box 1

3. 2.Stop Asking To Be At Table a.Asking only reinforces perception of subordinate role b.Demonstrate why you should be at the table c.Join the meeting (where appropriate) 2 Tough Love: What Your CEO Won’t Tell You About HR, But I Will

4. 3.Learn More About the “Business” of Your Business (Business Acumen Competency)—knowledge of: a.Short-term and long-term goals b.Competitive concerns c.Compliance concerns (not just HR) d.Finance and accounting e.Sales and Marketing—products and services 3 Tough Love: What Your CEO Won’t Tell You About HR, But I Will

5. 3.Learn More About the “Business” of Your Business (Business Acumen Competency)—knowledge of (including lingo): (continued) f.Business operations and logistics g.Technology (not just HR) 4

6. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 4.Re-recruit Top Notch Talent a.Top talent can always move b.HR may be blamed (and blindsided) when top talent leaves c.What can you do to retain top talent i.Recognition ii.Appreciation iii.Problem solving iv.Career paths 5

7. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 5.Recalibrate Time a.85% of time on “favorite” 15% b.Cannot reverse c.But you can move along the continuum d.Say No to “GOMOs” (politely) e.Reserve time on “to do list” for “positive” employee relations 6

8. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 6.Never Say: “But the Policy Provides” a.Reduces your role to reader (not high paying job) b.Begin with the policy, but don’t end with it c.Be careful of policies that lock in management (e.g., posting all vacant jobs, rigid progressive discipline, investigation timelines) 7

9. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 7.Be Careful of Consistently Focusing on Consistency a.Importance of consistency b.But be aware of foolish consistency c.You can consider (and document) legitimate, non-discriminatory factors 8

10. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 8.Embrace Social Media a.No longer cutting edge; it is mainstream b.Great way to connect with internal and external stakeholders (Communication Competency) c.Linked In i.Source of potential applicants ii.Early warning signs of potential departures 9

11. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 8.Embrace Social Media (continued) d.Twitter i.Following ii.Followed e.Friending—high risk 10

12. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 9.Be Careful of Distinction between Illegal versus Legal Risk; for example: a.Firing employee for poor performance who is pregnant versus b.Firing employee because she is pregnant 11

13. Tough Love: What Your CEO Won’t Tell You About HR, But I Will 10.Do Not Avoid Humanity a.Legal risks in operating at arm’s length b.Be thoughtful about how to be thoughtful 12

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