Business Essentials Jobson Research
A Monthly Update on Day-to-Day Management Issues for Optical ECPs and Retailers October 2006
Made possible by an unrestricted grant from Jobson Research
It's Your Business

Hedley LawsonAs you open this edition of Business Essentials, you will no doubt notice that there is one common theme: virtually every aspect of your practice touches upon your human assets—your employees.

Your employees are the critical and valued component of your practice and the satisfaction of your patients. Whether you are focusing on their performance, or you are preparing a retirement plan benefit or staying current with the legal requirements of your current pension plan, or are planning to sell your practice (both the physical and human assets), or you are clarifying employees’ expectation of computer privacy, the employee component of your practice requires a considerable investment of your time to stay current on emerging themes, trends and laws, as well as good management practice.

As you will find in each edition of Business Essentials, we are committed to providing you with the most current and relevant information and insights into all aspects of your practice. One direct or indirect theme, however, will be evident in most articles: timely and relevant information associated with people management ‘Best Practices,’ and trends and legal and regulatory compliance requirements associated with the human assets of your practice.

It will continue to be our goal to provide you with current and relevant information on targeted topics essential to the success of your practice and to those of you who are business owners. Your feedback is important ( Click Here), so do take a moment and let us know your ideas on articles and subjects of interest to you and your colleagues.

Hedley Lawson, Jr. is the managing partner of Aligned Growth Partners, LLC, a strategic, operational and organizational consulting and executive search firm ( www.alignedgrowth.com). Lawson also serves as consulting editor for Jobson's Business Essentials monthly e-newsletter. To read current and past issues of the newsletter go to www.visionmonday.com.


 
Ask the Experts

Q: What can I do to effectively engage my employees in the practice?

A: In a recent study presented at the June 2006 Society of Human Resource Management Convention in Washington D.C., the firm ISR, presented the results of its most recent Global Employee Engagement Study. The study revealed a substantial performance advantage in overall financial results for companies who effectively and successfully engage associates as opposed to their industry peers where associates showed low engagement scores.

The ISR study showed that there was almost a 52 percent gap in the one-year performance in operating income between companies in the highly engaged category as opposed to those with poorly engaged associates.

So, here are a few tips on what you can do to more effectively engage your employees:

  • Make hiring the very best talent a company imperative. Less talented associates may very likely become less engaged associates.
     
  • Link all associates jobs and performance objectives to your company’s strategies, not simply doing their job according to their job description.
     
  • Minimize organizational layers. Flat and fleet organizations have a higher probability of being better focused organizations, with more highly engaged associates.
     
  • Focus associates on “The Critical Few;” that is, those company objectives that are essential to financial success, customer growth and retention, innovation and creativity, and similar business imperatives.
     
  • Provide continuous communication to all associates about your company’s performance, including financial, operational, organizational, product and service, highlighting successes and shortcomings. Rally associates to improve upon successes and buoy performance in areas needing improvement.
     
  • Recognize and reward associates who consistently deliver value—to your company and your customers—and who are mentors to and coaches for other associates.
 
Resource Corner
Easy-reference to web resources about human resource policies and rules
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U.S. Department of Labor
Click Here

Department of Health and Human Services
Click Here

Bills in Congress
Click Here

Career Voyages
Click Here

U.S. Department of Labor
401 (k) Plans for Small
Businesses
Click Here

From the Top

How to Prepare Your Practice for Sale

For Sale SignSelling a practice can be the largest and most important deal of an entrepreneur's career. Whatever prompts the sale, selling a business has both financial and emotional consequences.

In the best of all worlds, the owner must prepare the practice for sale at least one year in advance. Assessing the financials with a view toward creating audited financial statements and projections that illustrate the practice's revenue and growth potential should be the starting point.

All financial records should be documented so that potential buyers can evaluate the practice and so that a new owner can transition with minimal training.

Next, examine your supplier and customer contracts. Make sure terms and conditions will not expire or require renegotiation as a result of the change in ownership. And consider terminating any contracts that might not add value to the potential buyer.

Take time to review and document company policies and procedures that exist as unwritten rules. If necessary, create formal documents that clarify how the practice actually operates.

Review your real estate and equipment leases, and material contracts, especially if your practice is tied to its location. Make sure the lease or contract does not expire or require renegotiation at the same time you plan to sell your practice. If the location will discourage buyers, consider moving the location before you put the business up for sale. Take a view of the leases and contracts from the buyers prospective.

Sale2Fully evaluate and catalog company assets, including property and inventory. If you delayed investing in computer upgrades designed to manage and control the flow of inventory, now is the time to modernize.

Finally, don't forget about your employees. The loss of key employees during a sale can jeopardize a deal. Document your historical and current employee headcount by job and function. Key employees may be crucial to the new owner's success, so it's important to determine which employees are prepared to stay with the company both during and after the transition. And remember, its important that employees don't hear about the pending sale of the company from a third party.

- By Hedley Lawson, Jr.

Back to Top

 
Shamir
 
People Management

A Performance Appraisal Check-Up

For Sale SignA performance appraisal system is key to helping employees grow and develop on the job and can help you to identify and reward your top performers. At the same time, a good system will assist you in identifying sub-par performers and developing plans to either improve their performance or transition them out of your practice.

If you're updating your appraisal program—or looking to implement one—here are some points to consider:

1. Appraisal form. Companies today are taking many different approaches to formal evaluation systems. Some organizations rely on a brief form of two or three paragraphs, while others use elaborate rating schedules and multi-page documents to evaluate their workers. How elaborate a system your organization uses depends on your needs. You may need to use different forms for different categories of employees. However, all appraisal forms should embody these two elements: 1) They should cover all relevant performance criteria; and 2) They should be understandable to both the evaluator and the employee.

2. Ratings. Rating scales are relatively easy to develop and can be adapted to many kinds of jobs. In any event, try to focus on qualitative aspects of one’s performance as opposed to numerical ratings.

3. Job description. Accurate, detailed job descriptions are the building blocks of your evaluation system. Make sure that all of your job descriptions clearly describe the skills, knowledge, abilities and competencies needed to do the job, and the duties the position entails.

4. Appraisal period. Most organizations evaluate employees periodically, usually annually on the anniversary of each employee's hire date. Some firms review all employees at the same time each year. Quarterly formal evaluations are never too often to provide positive or negative performance feedback to employees.

5. Delivery. In most cases, the supervisor or manager will be delivering the employee’s evaluation. In some situations where job performance is sub-par, a human resources representative may choose to sit in on the appraisal with the supervisor.

6. Training. Make sure your organization's managers and supervisors are thoroughly trained in the specifics of the performance evaluation and in how to effectively conduct the meeting.

- By Hedley Lawson, Jr.

 
Rules and Regulations
Pension Reform Bill Enacted Into Law

The U.S. Senate and House of Representatives recently passed the Pension Protection Act of 2006, and President Bush signed the measure in August 2006. It is the most comprehensive overhaul of pension laws in 30 years.
Among other things, the new legislation will cover the following: require employers to fully fund pensions, with time limits for funding shortfalls; encourage more employers to use automatic enrollment in 401(k) plans; increase 401(k) contribution limits; require single-employer plans that are fully funded to pay variable-rate premiums to the Pension Benefit Guaranty Corporation (PBGC); and set standards for retirement plan compliance with age discrimination rules.

 
Jobson Research


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MONEY MATTERS

10 Tips for Selecting a Pension Plan Consultant

PensionUnder federal employee benefits law, fiduciaries of employee benefit plans must administer and manage their plans prudently and in the interest of the plan's participants and beneficiaries. In carrying out these important duties, plan fiduciaries often rely heavily on pension consultants and other professionals for help. But sometimes these consultants fail to disclose potential conflicts of interest that can affect the objectivity of the advice they provide to their pension plan clients, and violate federal law.

If you're shopping around for a pension consultant, or just checking up on your current consultant, here's a list of 10 questions, courtesy of the U.S. Department of Labor, you can ask to find out whether there are any conflicts of interest that could affect the advice you and your employees are getting:

1. Are you registered with the SEC or a state securities regulator as an investment adviser? If so, have you provided me with all the disclosures required under those laws?

2. Do you or a related company have relationships with money managers that you recommend, consider for recommendation, or otherwise mention to the plan? If so, describe those relationships.

3. Do you or a related company receive any payments from money managers you recommend, consider for recommendation, or otherwise mention to the plan for our consideration? If so, what is the extent of these payments in relation to your other income (revenue)?

4. Do you have any policies or procedures to address conflicts of interest or to prevent these payments or relationships from being a factor when you provide advice to your clients?

5. If you allow plans to pay your consulting fees using the plan's brokerage commissions, do you monitor the amount of commissions paid and alert plans when consulting fees have been paid in full? If not, how can a plan make sure it does not over-pay its consulting fees?

6. If you allow plans to pay your consulting fees using the plan's brokerage commissions, what steps do you take to ensure that the plan receives best execution for its securities trades?

7. Do you have any arrangements with broker-dealers under which you or a related company will benefit if money managers place trades for their clients with such broker-dealers?

8. If you are hired, will you acknowledge in writing that you have a fiduciary obligation as an investment adviser to the plan while providing the consulting services we are seeking?

9. Do you consider yourself a fiduciary under ERISA with respect to the recommendations you provide the plan?

10. What percentage of your client’s plan use money managers, investment funds, brokerage services or other service providers from whom you receive fees?

 
In this edition...

ArticleIt's Your Business

Article From the Top
How to Prepare Your Practice for Sale

Article Money Matters
10 Tips for Selecting a Pension Plan Consultant

Article Office Space
Privacy in Use of Workplace Computers

Article People Management
A Performance Appraisal
Check-Up

Article Rules & Regulations Pension Reform Bill Enacted Into Law

Article Q&A
Engaging Your Employees

Article Resource Corner
Links to Important Resources

 


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OFFICE SPACE
No Expectation of Privacy in Use of Workplace Computers
privacy

The Ninth Circuit Court of Appeals, which covers California, has ruled that an employee who was accused of receiving child pornography had no reasonable expectation of privacy in his use of a workplace computer.

The case involved Jeffrey Ziegler, who was the director of operations for Frontline Processing, a Montana company that services Internet merchants. Frontline's Internet service provider notified the FBI that child-porn Web sites had been accessed on a Frontline computer. Then, in connection with an FBI investigation into the matter, Frontline confirmed that the offending sites were accessed from a computer in Ziegler's office at the company. Frontline turned Ziegler's computer, along with backups of the hard drive, over to the FBI, which discovered many pornographic images of children on the computer.

After Ziegler was indicted on several counts of receiving and possessing child pornography, he argued that evidence obtained from the search of this workplace computer should be suppressed. In particular, he contended, the FBI, lacking a warrant, violated the Fourth Amendment by directing Frontline employees to search his computer.

But the Ninth Circuit rejected Ziegler's argument: "The record evidence in this case establishes that the workplace computer was company-owned; Frontline's computer policy included routine monitoring, a right of access by the employer, and a prohibition against private use by its employees. As such, Ziegler had no objectively reasonable expectation of privacy in his workplace computer and thus no standing to invoke Fourth Amendment protection."

 

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