Making It Happen

Mackenzie Kyle is the Principle of the Beringer Group and an associate at Manageering, a firm specializing in project management consulting and training. He has spent the last 15 years working on a variety of project management related assignments at organizations in Canada, the United States, Australia, New Zealand, and Asia.

Preface xiii

Acknowledgments xvi

Unit 1 the Legal Landscape 1

Chapter 1

Introduction to Hiring and

Supervising Employees 3

Chapter Objectives 3

HRM in Action 4

Overview of What’s to Come 4

Tales from the Field 5

Increased Competition 5

The Changing Labor Market 8

Hospitality Industry Jobs 8

A Note About Ethics 9

Ethical Dilemma 10

Workforce Demographics Will Change 10

Nontraditional Workers 12

Increased Demand 12

Industry Remains Strong 14

Motivations, Needs, and Expectations 15

Training and Motivation 15

Hands-on HRM 19

Chapter 2

The Hospitality Manager’s Legal Challenges 21

Chapter Objectives 21

HRM in Action 22

Employment Law and the Equal Employment Opportunity Commission 22

Tales from the Field 25

Illegal Discrimination 25

Bona Fide Occupational Qualification 26

Ethical Dilemma 27

The Hooters Restaurant Chain 27

Sexual Harassment 28

Managers Must Establish Guidelines and Policies 29

State and Local Employment Laws 30

Affirmative Action Plans 30

The Americans with Disabilities Act 31

Disability Defined 32

Reasonable Accommodation 33

Avoiding Illegal Questions and Practices Under the ADA 33

Age Discrimination in Employment 34

Equal Pay Act 34

Immigration Reform and Control Act 35

Hands-on HRM 39

Chapter 3

Wage and Hour Laws Affecting Salaried, Hourly, and Tipped Employees 43

Chapter Objectives 43

HRM in Action 44

A Brief History 44

Tales from the Field 45

Tip Credits and Tip Pools 47

Regular Tips 50

Tip Retention 50

Slow Shifts 50

Advance Notice 50

Tip Pools 51

Ethical Dilemma 52

Overtime 52

Changes in Overtime Law 53

The New Rules 55

Executive (Managerial) Exemption 55

Administrative Exemption 56

Professional Exemption 56

Labor Costs, Profits, and Employee Morale 57

Hands-on HRM 61

Chapter 4

Common Law, Negligent Hiring, And Employee Rights 65

Chapter Objectives 65

HRM in Action 66

Common Law and Its Impact on the Workplace 66

Tales from the Field 67

McDonald’s Coffee Too Hot? 68

Employee Rights Under Common Law 69

Wrongful Discharge 69

Ethical Dilemma 71

Constructive Discharge 71

False Imprisonment, Defamation, and Invasion of Privacy 72

Defamation of Character 72

Negligent Hiring and Negligent Retention 74

Hands-on HRM 78

Chapter 5

Working with Unions 81

Chapter Objectives 81

HRM in Action 82

States and Metro Areas with a Large Union Concentration 82

Tales from the Field 83

The National Labor Relations Act 83

The Taft-Hartley Act and Right-to-Work Laws 84

Local Unions 85

Ethical Dilemma 86

National Unions 87

Multiunion Associations 87

Why Employees Join Unions 88

The Union Organization Process 89

Employers May Not Retaliate 89

The Union Contract 89

Management Challenges When Working with Unions 90

Creating a Positive Work Environment 91

Hands-on HRM 94

Unit 2 the Employee Selection Process 97

Chapter 6

Job Descriptions and Job Specifications 99

Chapter Objectives 99

HRM in Action 99

The Employee Selection Process 100

Job Descriptions 100

Tales from the Field 101

Essential Elements 101

Performance Standards 104

Ethical Dilemma 105

Contents vii

Essentials for Success 106

Job Specifications 107

One Size Does Not Fit All 111

Hands-on HRM 114

Chapter 7

The Employee Handbook 117

Chapter Objectives 117

HRM in Action 117

Rationale for Employee Handbooks 118

Tales from the Field 119

Employee Handbooks Are Common in Large Operations 119

Employees Must Sign for It 119

A Well-Crafted Employee Handbook 120

Write It Yourself but Have an Attorney Review It 120

Ethical Dilemma 122

Be Clear, Concise, and Consistent 122

Setting the Proper Tone in the Introduction 122

Legal Issues and Disclaimers 123

Probationary Period, Trial Period, or Training Period? 125

What to Include in the Employee Handbook 125

Hands-on HRM 130

Chapter 8

Advertising and Recruiting 133

Chapter Objectives 133

HRM in Action 133

The Labor Market and the Labor Pool

134

The Internet Expands the Labor Market

134

Tales from the Field 135

Smaller Operations Have Some Advantages 135

Employee Turnover 136

Tales from the Field 137

Identifying Potential Job Applicants 139

Employee Referrals 139

Paying a Referral Bonus 140

Recruiting Is Marketing 140

Walk-In Applicants 141

Ethical Dilemma 142

Walk-In Applicants Should Be Welcome 142

Advertising for Job Applicants 143

Help-Wanted Ads Have Some Limitations 143

Diversity—The New Workforce 145

Targeting the New Workforce 147

Hot Buttons 148

Language Solutions for Managers and Supervisors 148

Hands-on HRM 152

Chapter 9

Applications, Interviews, and Background Checks 155

Chapter Objectives 155

HRM in Action 156

The Job Application 156

Tales from the Field 157

A Fact-Finding Form 157

Personal Data 157

Employment Status 160

Education and Skills 160

Work History 160

References 160

Tales from the Field 161

Signature Line 161

Analyzing Application Forms 163

Preparing for the Job Interview 164

The Job Interview 165

Process Is a Two-Way Street 165

Conducting the Interview 166

The Applicant Should Do Most of the Talking 167

Don’t Oversell the Position 167

Check for Any “Knockout Factors” 167

Closed-Ended and Open-Ended Questions 168

Situational and Behavioral Questions 169

How Long Should the Interview Last?

170

Questions to Avoid 170

The Job Offer 172

The Act of the Employee 172

Ethical Dilemma 173

Background Checks 174

Why Conduct Background Checks? 174

Obtaining the Applicant’s Permission 176

Many Employees Have Skeletons in Their Closets 177

Who Performs Background Checks? 178

Who Should Be Checked? 178

Reference Checks 180

Should I Give References on a Previous Employee? 180

Hands-on HRM 185

Unit 3 Orientation And Training 189

Chapter 10

New-employee Orientation 191

Chapter Objectives 191

HRM in Action 191

Starting off on the Right Foot 192

The Need for New-Employee Orientation 192

Tales from the Field 193

Benefits of Orientation 193

The Benefits to the Company Overall

194

The Benefits to the Supervisor and to Management 194

The Benefits to the Employee 194

Orientation Programs 195

Ethical Dilemma 198

Make New-Employee Orientation Fun 198

Avoid Common Mistakes 199

Work with a Checklist 199

Before the New Employee Arrives 200

First Day on the Job 200

During the First Week 200

Tales from the Field 201

Hands-on HRM 204

Chapter 11

Training to Performance Standards 207

Chapter Objectives 207

HRM in Action 208

Training Now and Development Later 208

Benefits of Training and Development 209

Tales from the Field 211

Performance Standards and Needs Assessment 211

Understanding Performance Management 212

Ethical Dilemma 213

Importance of Performance Standards 213

Contents ix

Performance Standards and Training 214

How to Set Performance Standards 214

Determining Training Needs 216

Approaches to Needs Assessment 218

Determining Training Objectives 218

Learning Principles 219

Considerations When Selecting Training Techniques 220

Training Methods 221

Problems Associated with OJT 222

Problems with Job Rotation and Cross-training 223

Train the Trainer Programs 223

Off-the-Job Training Methods 224

Increased Use of Technology 224

Other Training Methods 226

Internships 226

Role Playing 226

Case Study 226

Self-Study 227

Evaluating Training 227

Hands-on HRM 231

Unit 4 Communication And Motivation 235

Chapter 12

Performance Appraisals That Work 237

Chapter Objectives 237

HRM in Action 238

Everyone Benefits from Effective Performance Appraisals 238

Informal and Formal Appraisals 239

Common Performance Appraisal Problems 240

Tales from the Field 241

Understanding Rater Biases 242

The Halo-or-Horns Effect 242

The Error of Central Tendency 243

The Leniency and Strictness Biases 243

Cross-Cultural Biases 243

Personal Prejudice 243

The Recency Effect 244

Similar-to-Me Bias 244

Overcoming Obstacles and Reducing Errors 244

Performance Appraisal Methods 244

Ethical Dilemma 245

Rating Scales 245

Checklists 247

Forced Choice Method 248

Critical Incidents Method 249

Behaviorally Anchored Rating Scales 250

Self-Appraisals 252

360-Degree Performance Appraisal 252

Evaluation Interviews and Employee Counseling 253

Legal Constraints in Performance Appraisals 254

Hands-on HRM 257

Chapter 13

Effective Communication And Feedback 261

Chapter Objectives 261

HRM in Action 262

The Communication Process 262

An Example from Marriott 262

Tales from the Field 263

Which Communication Method Is Best? 263

The Employee Grapevine 264

Downward and Upward Communication 265

Tales from the Field 267

Verbal and Written Communication 267

Ethical Dilemma 269

The Information Superhighway 269

Corporate Web-Surfing Policies 271

Common Obstacles to Effective Communication 271

Cultural Differences 272

Differences in Background 272

Prejudices and Perceptions 273

Assumptions and Expectations 274

Emotions 274

Overcoming Barriers to Effective Communication 275

Active and Passive Listening 275

Providing Effective Feedback 276

The Role of Positive Feedback 276

The Role of Negative Feedback 277

Guidelines for Providing Feedback That Works 277

Hands-on HRM 281

Chapter 14

Employee Discipline 285

Chapter Objectives 285

HRM in Action 286

Causes for Discipline 286

Cause 1: Rules and Procedures Are Vaguely Written, Misunderstood, and Ignored 286

Tales from the Field 287

How to Ensure Acceptance and Compliance 288

Cause 2: Employees Lack Sufficient Abilities, Knowledge, Skills, or Aptitude 289

Cause 3: Employees Have Personality and Motivational Problems 290

Cause 4: Troublesome Environmental Factors 291

Preventive and Corrective Discipline 291

Oral or Verbal Warning 293

Written Warning 293

Suspension 293

Ethical Dilemma 294

Termination 294

Six Discipline Don’ts 295

Don’t Regard Discipline as Punishment

295

Don’t Make Discipline a Me Against You Confrontation 296

Don’t Do Too Little Too Late 296

Don’t Create New Rules “on the Fly” 297

Don’t Take a Nonprogressive Approach Unless Unavoidable 297

Don’t Ignore the Root Causes 297

Five Discipline Dos 297

Do Thoroughly Investigate 298

Do Confront the Employee 298

Do Get a Commitment 300

Do Use Progressive Discipline When Possible 300

Do Follow Up on Employee Discipline

300

When to Terminate an Employee 301

Legal Implications When Terminating an Employee 302

Guidelines for Terminating an Employee

303

Hands-on HRM 306

Contents xi

Chapter 15

Employee Motivation Through Quality Leadership 311

Chapter Objectives 311

HRM in Action 312

Relationship between Leadership and Motivation 312

Motivational Theories 313

Early Theories of Motivation 313

The Traditional Model 313

Tales from the Field 314

The Human Relations Model 314

The Human Resources Model 315

Later Theories of Motivation 316

Maslow’s Hierarchy of Needs 316

Herzberg’s Motivation-Hygiene Theory 317

Modern Approaches to Motivation 318

The Expectancy Approach 319

Implications for Hospitality Managers 319

Ethical Dilemma 320

Making the Reward System Cost-Effective 321

The Equity Theory 322

Putting Motivational Practices to Work 322

Employees Seek Praise 322

Employees Seek Convenience 323

Employees Seek Fun 323

Employees Seek Money 323

Employees Seek Importance 324

Employees Seek Success 324

Employees Seek Advancement 325

What Is Leadership? 325

Early Leadership Theories 325

Modern Views and Charismatic Leadership 327

Formal and Informal Authority 327

Deciding Whom to Promote 328

Technical Skills 328

Human Relations Skills 328

Conceptual Skills 328

What’s Your Style? 329

Which Style Is Best? 329

Hands-on HRM 334

Index 339