December News
 

Since last month's newsletter, I've had a lot of inquiries about the dog.  She's a rascally little dog, but she most certainly lived to cause more mischief.  She's a loving normal animal, so it's not unusual to see that she's quite obsessed with all creatures big, small and smaller. 

  

Many days, the dog can be found chasing after birds, ducks, cats, squirrels, pit bulls, poodles and chipmunks to name a few.  Of course, most of those creatures are way too fast (or big and gruesome) for her to catch.  Persistence is the key to life. So, sure enough, while on one of her walks, the dog caught something living.  Upon further review, it turned out to be a chipmunk.  So what does a little dog do with a chipmunk?  Well, not much, and after a while she had to let it go (still alive actually). 

  

How many of us have dreamed of catching our chipmunk?  You know, that super star sales person or high level manager that will take our business to the next level.  We dream of catching him/her.  But what if we actually managed to hire that person and we just didn't know what to do with him/her?  Meaning, we didn't have the infrastructure to support that person.  It happens all the time, doesn't it? 

  

So with this new year upon us, my wish for you is to not only seize your chipmunk, but also know how to best utilize your chipmunk once it's seized.  Of course, if you need help in creating that infrastructure, feel free to contact us at The HR Team.

  

Happy Holidays to you and yours.



IRS Announces 2012 Standard Mileage Rates, Most Rates Are Unchanged


The Internal Revenue Service has issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

 

Beginning on Jan. 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

 

  • 55.5 cents per mile for business miles driven
  • 23 cents per mile driven for medical or moving purposes
  • 14 cents per mile driven in service of charitable organizations

The rate for business miles driven is unchanged from the mid-year adjustment that became effective on July 1, 2011. The medical and moving rate has been reduced by 0.5 cents per mile.

 

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

 

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

 

These and other requirements for a taxpayer to use a standard mileage rate to calculate the amount of a deductible business, moving, medical or charitable expense are in Rev. Proc. 2010-51. 



Court Defends Bad Hair Day


In an unpublished opinion, the 4th Circuit Court ("The Court") enforced the National Labor Relations Board's ("The Board") decision and order finding that White Oak Manor violated Section 8(a)(1) by terminating an employee ("discriminatee") for protected concerted activity because she took cell phone photographs of employees to document the Employer's perceived unfair enforcement of its dress code. The Employer did not contest its unlawful interrogations and threats, which were not discussed by the Court.

 

The controversy arose when the discriminatee wore a hat to work to conceal an unattractive haircut. After the Employer told her hats violated the dress code and issued her a written warning for insubordination, she noticed that other employees-particularly men-wore hats, displayed tattoos, and otherwise breached the dress code with impunity.   She raised her concerns to management to no avail and discussed them with (mainly female) co-workers who agreed with her. She then used her cell phone camera to document dress code violations; a co-worker assisted her. The Employer's administrator confronted the discriminatee about the photographs. When she objected to the uneven application of the dress code, he asked if she was "going to let a hat come in between the food on [her] kids' table." The Employer then approached a male employee and asked if he knew that he had been photographed; he said he was not aware of it. The next day, the Employer terminated the discriminatee for photographing that particular male employee without his permission.

 

The Court agreed with the Board that the discriminatee engaged in protected concerted activity in protesting the perceived unfair enforcement of the dress code. It rejected the Employer's argument that she acted only in her self-interest because she wanted to wear her hat, finding instead that "equitable enforcement of a dress code definitionally benefits all." The Court further agreed with the Board that the discriminatee's photography was not egregious conduct that caused her to lose the protection of the Act. It relied on the Employer's past "utter failure to enforce its picture-taking policy" and the fact that "the act for which [the discriminatee] was terminated never even occurred" because she did not actually photograph the named male employee.  The Court also rejected the Employer's claim that a Wright Line analysis was required because it found that there was no issue regarding the Employer's motivation. Finally, the Court rejected the Employer's challenge to the language of the remedial notice, finding that any such issues could be addressed in a compliance proceeding.

 

The Court's opinion and Board's brief can be found on the NLRB website.



H-1B Cap Reached 


U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012.  USCIS notified the public that Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases are considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011.

As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the 'advanced degree' exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to: 

  • extend the amount of time a current H-1B worker may remain in the U.S.;
  • change the terms of employment for current H-1B workers;
  • allow current H-1B workers to change employers; and
  • allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

For more information on USCIS and its programs, please visit www.uscis.gov


Steve Jobs, from his commencement speech at Stanford University in 2005

"Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma, which is living with the results of other people's thinking. Don't let the noise of others' opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary."



Express yourself - an argument can generate ideas, clear the air. 

Every team wants its project to move ahead smoothly. But, ideally, the team includes people with different types of skills and ideas.

 

They view the project from different aspects, which is why they were brought together. It's a fertile ground for an exchange of ideas. When team members defend their positions on a project, a deeper understanding of it develops, that is, unless they are just defending their pride.

 

Bosses or team leaders shouldn't always make a call just because they are the most powerful. This leads to poor decisions, bruised egos and reduced quality of work.

 

In the recent book, Rework, co-author and business founder Jason Fried says on less-significant problems at his software firm, team members with different views will trade, saying "You get this one. I get the next one."

 

Another tactic involves determining who cares the most about the matter. Someone who is qualified in the area almost always cares passionately about his or her position. Give in to the most experienced person.

 

A second great way to consider a decision is to see who's willing to take responsibility for it. If they are willing to deal personally with the success or failure of their idea, there's a good chance it's the right one.

 

Writing in INC., Fried also says that giving away decisions just to avoid conflict is the worst thing you can do.






 

Return to Team Player Newsletter Page