Reopening also means gaining public trust

 

Everyday life four months ago was extremely different than July 2020. While we are not ordered to stay at home, it is suggested. Gatherings are still limited. Events like birthdays, weddings, and funerals are small private gatherings. Store shelves are, for the most part, stocked but there are still some items in which the shelf remains empty. 

 

Businesses small and large have had to adapt and overcome. Before everything shut down businesses quickly set up cleaning stations, Plexiglas shields, and tape on the floor. The temporary adjustments were hurried responses to keep employees and customers safe and stay open. Then everything stopped.

 

During closures, most businesses had time to adjust to coming restrictions regarding reopening. Temporary became permanent. “Behind the scenes” part of getting the economy going again were the efforts to create and install shields at customer interface points. Painter’s tape on the floors became printed stickers. Permanent signs explaining restrictions and warnings were manufactured. Face shields. And of course masks. The leaving home check of keys, wallet, phone has added mask. Which is also now apart of the employee uniform.

Masks

When COVID-19 began gaining momentum and entered into the pandemic phase the public and businesses went slowly. No one wanted to believe that restrictions and precautions were permanent. As the economy reopened it was realized that to stay open, and in some cases avoid fines business had to change. Temporary fixes had to become permanent. We now see permanent installations of shields, directional arrows to navigate, markings identifying where to stand, and in/out only doors. And of course masks.

 

Of all the changes we have seen from the pandemic the mask has been the most ubiquitous. Face coverings are our everyday life. They have sparked controversy. Started arguments about the improper or lack of wearing. They are now a point of fashion to be complimented. Masks are popping up in the impulse buy area at the checkout register and even vending machines. Masks have also become our non-verbal permission to enter and an invitation to leave. No mask – No service signs are posted in many storefronts. Businesses don’t want to turn people away, but they also don’t want to face the ever present risk of being shut down either.

Public trust

When stay at home orders were lifted and businesses began to reopen customers were leery about returning. Although we couldn’t wait to get out of our homes, we had to feel safe. The COVID virus was and still is a threatening menace. A big part of gaining a customer's trust is making them feel safe in your establishment.  To get ahead of competitors businesses had to try to be the first to explain the steps taken to keep customers safe. Not only what was being done to sanitize, but how, and how often. This has to be more than just words. Science has proven that we process visual data better than text or the spoken word. In fact, 90% of what we process is visual.  Customers have to SEE the action of cleaning and sanitizing in order to validate what is being advertised.  

 

Being in the grocery store and seeing an employee cleaning the carts or walking around, during business hours, cleaning door handles and contact surfaces goes a long way in convincing customers that the business is serious about their well being. On a recent went to a UPS store for their notary and overnight services this was evident. Of course, they had queue markers on the floor and Plexiglas at the registers, which would be expected. What was impressive was seeing an employee wiping down a public computer station with disinfectant after each use by a customer. Seeing the employee clean the keyboard and work area after a single use reinforces that business’ commitment in the eyes of the customer.

 

Demonstrating sound sanitation practices to the public will get them back and keep them coming back. With instant reviews being posted on multiple platforms, businesses not practicing safe procedures will spread quickly. At this point in time that is a quick way to lose customers and get shut down. Again.

 

Another good move to show how serious the company is taking health is transparency and decisive action. We’ve already seen businesses reopen only to be shut down again after a government agency finds a violation or an infected employee. Better to take the action yourself. Small businesses, especially bars and restaurants, have set this example. Setting up their own testing policies and discovering possibly infected employees, they have immediately shut down, publicized what happened, and the actions they are taking to rectify the issue. It hurts to close your doors but keeping the public trust is more important now than ever.

 

In addition to changes in sanitation and ensuring there are safe practices in place, there are other changes as well. How we conduct business has changed and will probably have long-term effects. Offices cleared, sending employees to work from home. After a few weeks, with no solution to the virus in sight, corporations announced that they would not be returning employees, adopting permanent work from home policies. Businesses have learned to adapt to stay in business. What we thought couldn’t be done or never thought of trying is successful.  

 

We are looking for a return to “normal” when we are living what our normal now is. 

Business Adaptability

How is small business adapting to COVID19?

NOTE: Since this article was posted it has been updated with new information.
 
When governors issued stay at home orders and business closings it was a shock to say the least. Businesses were deemed essential or non-essential, the latter being ordered closed for the foreseeable future with no re opening date. Small businesses of all sizes and industry are desperately hurting. It’s interesting to see how businesses have adapted to either reach their customers while closed or try to keep customers while operating under restrictions.

Businesses that provide personal services such as salons and barbershops do not have much choice. Restaurants were given a reprieve in that they could provide take out or delivery. Some businesses that were allowed to stay open are still seeing a decline in sales. People are just not going out. Even these businesses have had to become creative to develop more customers. One of the new buzzwords is contactless. Companies are using that description to reassure customers that you can obtain products without having to meet someone face to face. Businesses like hardware stores have begun offering curbside pickup to encourage shoppers that may not want to go inside the physical store. Ecommerce has increased especially for stores that are closed and have had to find other sales outlets.

A contactless marketing coup has been Little Caesar’s pizza portal. They offered in store contactless pizza pick up before contactless was a thing. They quickly adjusted marketing with the new terminology to point out their system of pizza delivery. Other delivery pizza companies are ensuring drivers wear gloves and masks, and leave the thermal delivery bag outside the door for the customer to retrieve the products. In addition to deals and sales there’s been other creativity to entice customers. Restaurants are offering ingredient kits to make your favorite menu item at home. Bakeries are selling cake and cupcake decoration kits. Gardening and craft projects, the list grows everyday of small businesses adapting to new marketing schemes.

What about when the restrictions ease? When everything reopens how are businesses going to change to reassure customers that it’s safe to patronize? As we’ve seen with the beaches around the country, when there’s a reopening some people are going to come out droves. Others will wait a few days or weeks to see what happens. And others may not return to restaurants and at all. A Washington Post-University of Maryland poll of 1,005 people found that Americans are wary to return to restaurants and retail.

Retailers will have to demonstrate what sanitization and distancing procedures are being taken to reassure customers that it is safe to visit. The stores that are open now are taking measures to sanitize. Grocery stores are limiting shoppers and installing shields at checkouts. Restaurants are limiting capacity and reassigning staff to compartmentalize duties to one person-one task. Other types of retail are installing shields, social distanced queue markers, and ramping up contactless pay devices. Others that didn’t normally wear gloves are now. And, of course, everyone is wearing masks. Store signs use to read-No Shirt, No Shoes, No Service. Now, No Mask-No Service!

Patrons have to know what is being down to ensure their safety. Receiving communications as to the efforts and seeing the physical efforts, employees wearing masks, limited capacity, shields at points of sale. all this goes a long way to reassure customers that they will be safe when shopping.

Some companies that sell services and some product based are able maintain operations by allowing employees to work from home. How will that change? Will companies move towards or relax work from home rules? If you’d Goolged the word zoom in January 2020 the search results would have been much different than they are in May 2020.  Now instead of the online dictionary definition (a more likely result) the first return is the website for the online video conferencing company. “Zoom” quickly became synonymous with web meetings. Japan’s business culture is having great difficulty with work from home. As technologically advanced as Japan is their business world is steep in tradition, requiring in person transactions and paper documents. 

What will go away and what will return to pre COVID? Sanitizing wipe downs, gloves, masks, and register shields will probably stay. Will we shake hands to close a deal? Or will elbow bumps be the new social norm of greeting and accords.

The deeper we go into the economic shutdown news of businesses adapting is breaking everyday. Here are a few approaches to rethinking how we do business. 

Still operating drive-in theaters are seeing a boom and entrepreneurs are looking to open new drive-ins. Music promoters are experimenting with drive-in concerts where venues will allow.

In addition to drive thru, Chick-Fil-A expanded curbside and added another feature. When the food is delivered to your car, it is carried inside of a plastic container. The customer then lifts their food bags out of the container. 

LYFT issued guidelines to reassure riders how they are ensuring clean and safe rides. https://www.lyft.com/blog/posts/lyft-launching-health-safety-program
A video of how Dutch restaurants are protecting employees and customers was released. https://m.youtube.com/watch?v=kz3oi4WIKl0

Move the sign

Went to MVA to meet with a fingerprint services company. The local MVA is a smaller facility compared to the State headquarters. This location has two entrances at either end of a long single-story building. The original intent was that customers with registration issues would enter through one door and licensing through another. Over time the entrances have become generic and there is a check-in desk at the center of the building. So it doesn’t matter what entrance one uses. 

Outside of one entrance is a sign for the fingerprint services company. One would guess that customers would enter through the entrance next to the sign. Once inside customers find that the fingerprint office is at the other end of the building, closer to the other entrance.

I explain all of this because of what was observed while waiting. Inside the entrance opposite the fingerprint office is a Trooper stationed at a lectern. While waiting, I observed customers approach him several times with questions, some of which regarded the whereabouts of the fingerprint office. Appearing annoyed the Trooper would direct the customers to the other end of the building.

The Trooper is stationed there for building security, not information. But stationed at a lectern, in uniform, near an entrance is going to attract questions. It would not relieve all of the questions, but simply moving the fingerprint services sign to the building entrance outside of where the office is located would alleviate many.

Businesses large and small see this or don’t see it, a forest for the trees kind of thing. Simple solutions that will reduce stress on a job or person. Sometimes it is poor planning or the next great idea that wasn’t vetted at all levels.

Management makes changes for employee well-being or system improvement. If the people at the top are not completely familiar with the issue sometimes the change can actually cause problems. Management needs to see the problem from the source and get employee input at that level. Employees who identify problems have to be empowered to make “field” decisions that can quickly solve issues and improve service.

Sometimes simply moving a sign to a better position can make a world of difference. 

Communication is Key

Customer communication can solve many problems

Readers of this blog know that one of my customer service pet peeves is communication. Many headaches can be avoided by keeping customers informed. Even if it’s bad news, getting “in front” of the problem will result in better customer interaction and build trust in your business.

Communication with a company in which I’d completed business caused both irritation and satisfaction. Thompson Creek Window Company had installed windows. Touch-up work was necessary after the job was completed. Although scheduled for a month later the process was smooth and painless. There had been quoted a two-hour arrival window in a confirmation email. On the appointed day, the scheduled timeframe passed. I called to check. The two-hour window surprised the customer service rep as their policy is usually four, but at this point, that wasn’t the issue. When was the tech arriving? The representative made a call and I was told that the tech had been delayed due to a problem at another site. I would be the last call of the day and the tech would call a half-hour before arriving.

The end of the [business] day came and no call-no repair tech. Well, sometimes they arrive after hours to finish the scheduled jobs. That didn’t happen. Day wasted. The first thing the next morning I’m on the phone to work it out.

The customer service representative was empathetic and apologetic. Good start. She said she would “investigate” and get back to me. I put investigate in quotes because I found that an interesting choice of words. Regardless, it made me (the customer) feel that she took the matter seriously and would actually get answers.  (Read I’m in your way, to see how simple words can change a customer’s experience)

It took a couple hours but the customer service rep did get back to me. And she had really investigated what had happened.  She explained the company’s internal communication process and policies. She then explained where the failure occurred. In my case, the repair tech had been delayed beyond the appointment time and emailed the service coordinator. However, that email was after hours and the coordinator was out of the office the next day. 

She offered the explanation not as an excuse but as factual reporting. I thanked her for the explanation and for being so thorough. She said that she tries to respond to customers the way she would like to be treated. While I understood their process, I explained that a call directly to the customer at the time of the missed appointment would have helped; it would have been more welcome than no communication. The customer service rep sincerely took my suggestion. She then scheduled my repair for the first available date, which was within three business days.

Not offering excuses and providing a thorough answer definitely deescalated my situation. I’m sure some customers would have been more irate and would not have accepted the answer, but hey, the appointment had already come and gone, what could the representative have done at that point. Except for provide-Customer Service.

Another positive experience that started out as an inconvenience occurred at a Chick-Fil-A. I had placed an order using the mobile app for pickup. The order went through and the payment processed.  When I arrived at the restaurant, it was closed for remodeling. Now what. Luckily, I’m in an area that pretty much has two of everything in a short drive. I hop over to the next nearest restaurant ready to tell my story. Once inside I ask for the manager. A sentence into my dilemma and she asks to see my mobile order to confirm. Without further explanation from me, she processed my order. I complimented the manager for being on top of the issue and her reply was, “Thanks, but we’re really not on ‘top of it’ if the app is still accepting orders”. She immediately got on the phone and I could overhear her speaking to someone about the problem. 

Both of these examples exemplify how communication is essential to customer service. My experiences started out poorly due to a lack of communication but both ended positively. In both instances, the problem was identified, what was suppose to happen explained, and the problem fixed with little effort on the part of the customer. 

Read more articles on Customer Service 

HIring in the Gen Z age

Look out workforce there's a new generation on the horizon. Employers are, hopefully, getting comfortable with the changing hiring landscape that Millennials have cultivated. But not too comfortable. For the first time since Millennials took over the top spot in the workforce, the next wave is coming of age. Gen Z, those born after 1996, are entering adulthood and will be submitting resumes.

The numbers

Millennials are persons born between 1981 and 1996. The Pew Research Center estimated that Millennials surpassed baby Boomers in 2016 and now are the "Old Salts" in the labor force. While Baby Boomer numbers are declining and Millennials are taking the mantel, Gen Z has been sneaking up. Bloomberg estimates that Gen Z will surpass Millennials in 2019 comprising 32% of the world's population. By 2020 they will be the majority in the workforce.

Millennials hit the workforce in such numbers and such differing personalities from Gen Xers and Baby Boomers that they changed the way business was done. Both in marketing and hiring. In order to court new hires from this generation employers had to change practices. The marketing world has gone to great lengths to shape campaigns to attract Millennial customers.  A generation literally changed the way business was done. Just as the business world had things were figured out it appears that changes will again have to be made. 

Who is Gen Z?

Millennials seemed to get a bad rap in the workforce but by sheer numbers were able to change how business is done. Every generation has its own idiosyncrasies. Technology advanced so quickly over the past thirty years children and grandchildren grew up much differently than their parents and even from each other. Gen Z is the first post 9/11 generation and the first generation in which smartphones are bodily attachments. According to Buzzfeed, here are a few things that Gen Z never heard of or are curious about: Payphones, Floppy discs, VHS and cassette tapes, The phrases-"Roll down the window" or "Hang up the phone", pound sign, pencil sharpener, film or film canisters, Gameboys or game system cartridges. At least some early Millennials may have come across these things or their remnants.

Generational differences

A Cultural trends report by Endeavor Global Marketing lists three major differences between Millennials and Gen Z. Gen Z is described as having non-binary beauty or gender fluid beauty concepts. They are a progressive foodie culture in which stories are part of the experience. The report says, "Expect to see a shift from photogenic, Instagrammable, food to the emergence of the stories of those behind the dishes". Gen Z will expect a more connected theater experience in which shows are releasing soundtracks early and streaming shows which generate more viral interest.

According to Inc.com, Gen Z prefers conversation to mass communication. Instead of being absorbed in social media they are more interested in quality, personal relationships. While Gen Z is less interested in their friend count, they are interested in getting their news via social media or the Internet. Compared to Millennials Gen Z is more interested in entrepreneurship.

Hiring Gen Z

What does all this mean to employers and hiring? Knowing what is coming next and how to adjust. Just as you know the qualities you are looking for in an employee you need to know what qualities the employee pool has to offer and is expecting. As you and your business age, the hiring pool is getting younger. Gen Z has aged in a different time from Millennials. Knowing about what will soon become the largest generational workforce is how employers will attract and retain employees.

Concordia University-St Paul released a study on what to expect from Gen Z in the workforce. Gen Z tends to be more like their grandparents when it comes to privacy and practicality. As mentioned, they have never known life without a digital connection at their fingertips. They are multitaskers, using on average of five screens. They believe that social media is a big part of their lives but crave more personal relationships and worry that social media erodes this. They are frugal shoppers and distrust big brands. 35% plan to start retirement savings in their 20's. 

The study continues with an assessment of Gen Z in the workplace. This generation is hard working. They are deeply driven by security and are motivated by salary and health benefits. They are willing to put in the extra hours if they are rewarded for it. They prefer to work independently and value skills and self-improvement. They feel that they are responsible for driving their own career. They view technology as a tool. They want to be coached and trained.

There you have it. Everything you need to know about hiring the perfect young candidate and providing them with a long and successful career. Well, not everything. But it's a good jump on knowing who will be sitting in your interview chair. The point is, there is so much more than just putting up the Help Wanted sign. Knowing your candidates will go a long way in making the proper hire and saving everyone a lot of headaches.  

More blogs on generations and the workplace at https://mazzellainvestigations.blogspot.com/search/label/millennials

Maryland General Assembly 2019

The 439th session of Maryland's General Assembly is in the books. Not without some somber news as it's longest serving Speaker of the House, Michael Busch, passed away the day before the end of the session. 

Here is a snapshot of business and public safety bills that passed and are awaiting Governor Hogan’s Signature. 

• $15 minimum wage-Although the Governor vetoed the bill there were enough votes to override the veto. The increase to $15 will be incremented as follows.

Businesses with fewer than 15 employees:

$11 on Jan. 1, 2020

$11.60 on Jan. 1, 2021

$12.20 on Jan. 1, 2022

$12.80 on Jan. 1, 2023

$13.40 on Jan. 1, 2024

$14.00 on Jan. 1, 2025

$14.60 on Jan. 1, 2026

$15 on July 1, 2026 

At least 15 employees:

$11 on Jan. 1, 2020

$11.75 on Jan. 1, 2021

$12.50 on Jan. 1, 2022

$13.25 on Jan. 1, 2023

$14 on Jan. 1, 2024

$15 on Jan. 1, 2025

• A Child Care Tax credit was expanded to parents making less than $143,000 (Up from $50,000)
• Health insurance- Those without health insurance will be able to check a box on their tax return allowing the state’s health exchange to determine if they are eligible for free insurance
• Marijuana edibles such as brownies, gummies, etc. can be sold for medical purposes
• The age of smoking was raised to 21
• Maryland will become the first state to ban Styrofoam containers such as cups and food containers.
• The decision of whether to start school before/after Labor Day was returned to local school boards. The Governor vetoed the bill but was overrode.
• Handgun Permit Review Board was eliminated. Now, appeals to the Maryland State Police decision for handgun permits will be heard by an administrative judge.

Public safety bills that failed were background checks on the private (citizen to citizen) sales of shotguns and rifles and a bill to prevent 3D printed guns.

Communication key to customer service

Keep your customers informed

Customer service is where businesses lose and maintain customers. It is also something that can be fixed.  The more information you give people and the faster you deal with issues, the more customers you’ll retain.

NewVoiceMedia’s 2018 “Serial Switcher’s” report found that businesses loss $75 billion a year due to poor customer service. Naturally, that varies by the size of the business and, of course, the state of their customer service. Small business owners rarely can afford to lose business, especially due to treating customers poorly.

Don’t be defensive

When presented with a problem human nature makes us want to defend our position. Sometimes that is accomplished in a passive manner by making excuses. Sometimes more confrontational. Instead, we should be empathetic and ask ourselves what can be done to make it better.

Lack of communication

A big issue with poor customer service is poor communication. Either before the problem arises or after it has been brought to the attention of the business. Most issues can be avoided by communicating with customers. Like in public relations, getting out in front of problems will save you headaches later. If a problem is identified from within that will lead to dissatisfied customers, let them know. The more information they have the less likely they may complain, they may even be sympathetic to your problem.

Lack of communication allows the customer to mire in the situation and build ill will towards the company even before the problem is addressed. This is why the poor customer service reps have to start with customers who are already ramped up to a 7 on the first interaction. That’s if the customer personally makes contact. Most complaints today are expressed online either through bad reviews or social media posts. Once that happens the complaint reaches a much larger public audience and is there to stay. Some businesses address these complaints by deleting bad comments or reviews. Not only does this mask the problem it also will affect their search engine rankings, which may cause poor search results.

An example comes from personal experience. We were having problems with the delivery of our newspaper. (Yes, I still read daily news printed on paper) After a week and a few automated reports of no paper being delivered the problem seemed to be corrected. The next week a representative from the paper called to ensure everything was back to normal. Seems they had a carrier quit unexpectedly which caused the delivery issues. While I appreciated the call to make sure service had been restored, wouldn’t it have been better to call when the problem occurred? Let the customers know that they are experiencing manpower issues, explain corrective measures, and that service would be restored shortly. I know I would have been more sympathetic and appreciative.

Sometimes a simple communication of thanks sends a surge of goodwill to customers. One time I received a thank you note after an online purchase. The card was handwritten with the simple message, ‘Thanks for keeping the lights on”. I’d never had any in-person interaction with this company, but receiving a handwritten thank you went a long way in my assessment of the company and definitely enticed me for future business

Communicating with customers at the earliest point of a problem is one of the best ways to avoid complaints. If you’re having an issue that will affect service or the customer experience let the customer know before it is recognized or goes public. This starts on the frontlines. Employees have to know what they are allowed to handle in their purview and what is the company position.

Lee Cockerell, former Executive Vice President of Operations for Walt Disney World Resort, explains in his podcast, Customer service is not a department but is an attitude. Employees at every level should be empowered to serve the customer.  

Please refer to the blog archive for more posts on customer service.

Experience v. Youth

Speaking to a friend about retirement she told me that she had a few more years to go. She wanted to get her financial foundation a little sounder before making the decision. She went on to say that she recently received a retirement assessment package from her employer outlining her current and future pension options. The package was personally addressed and written as a response to her inquiry. The thing was, she hadn’t made an inquiry. As time went by she heard from other employees similar to her age and seniority who had also received their “requested” retirement materials. When it came to hiring and promotions of late there appeared to be a bias towards younger people. Was the company sending a message with the retirement package mailings?

It is not unheard of. Some corporations feel older employees are more expensive due to their salary and benefits. Younger, newer hires do cost companies less money. They can be hired for a substantially less salary and are willing to accept it. Many companies are eliminating pension programs, instead, offering new employees 401(k) matches and other savings programs. Saving the company money in the long term. Companies embracing a youth movement are looking for new ideas from employees who are more familiar with current technology. 

Targeted “retirements”

In March 2018, ProPublica, an independent non-profit newsroom, published a report claiming that IBM systematically laid off 20,000 employees age 40 and over between 2013 and 2017. Up into the 1980s, IBM was the technology giant. As the technology rapidly changed over the next twenty years and companies like Apple challenged IBM, they were faced with a massive and aging workforce. To compete, IBM felt that they needed to reduce their workforce and begin hiring younger, more tech-savvy employees.

ProPublica’s investigation revealed, in part, that IBM devised performance point-rating systems that favored younger employees with fewer years on the job. Older employees were rated as their skills being out of date. These employees were offered retirement packages or were relocated to an office across the country with the ultimatum to move or retire.

The Older Workers Benefit Protection Act (OWBPA) was passed by Congress in 1990. The OWBPA prevents employers from discriminating in benefits based on age, firing only older workers when cutting staff, or demanding that older workers waive rights and without taking safeguards into consideration. However, the burden of proof is on the employee to show that the company let them go based solely on age. Without records, overt acts, or documentation this can be difficult for an individual employee to prove. In the IBM case, the corporation went so far as to have employees who accepted packages to sign agreements that they would not take part in any future class actions.

But what about experience? 

Is it worth pushing out experienced workers to make room for youth? Does cost cutting make up for the loss of institutional knowledge? Older employees have a lot to offer. They’ve been with the company through thick and thin. They are able to mentor younger employees in systems and procedures. Historically, older employees are dedicated to doing the best possible job and are often the ones who find and correct errors. Errors that could cost the company lots of money if overlooked. While a new set of eyes is always welcome, past experience can sometimes save hours of work that will eventually end up at the same conclusion.

Savings?

Cutting bloated salaries and benefits might sound good but the overall cost of turnover may not justify it. Jack Altman, CEO of Lattice, posted an article in the Huffington Post in January 2017, How much does employee turnover really cost? Altman cites research by the Center for American Progress who determined that the average economic cost to a company of turning over a highly skilled job is 213% of the cost of one year’s compensation for that role. He uses the following example, ”If you are a 150 person company with 11% annual turnover, and you spend $25k on per person on hiring, $10k on each of turnover and development, and lose $50k of productivity opportunity cost on average when refilling a role, then your annual cost of turnover would be about $1.57 million.”

Altman summarized by saying that companies should analyze four major areas:

·       Cost of hiring

·       Cost of onboarding and training

·       Cost of learning and development

·       Cost of time with an unfilled role

He also provided this link to Calculate the Cost of Employee Turnover for yourself. 

The quick decision to cut costs through salary and benefits should be closely examined. There are not always textbook answers to everyday issues. You need veterans of your business to lead and show the way. 

Smoke 'em if you got 'em? {Marijuana in the workplace}

Note: This article was originally posted in 2017 and has been updated with current information on the topic.

Oklahoma passed a medical marijuana bill in 2018 becoming the thirtieth state (Including Maryland) to do so. State by state the legalization of marijuana for medical and recreational purposes is gaining ground. The chances of employees being high at work are definitely increasing. Businesses are scrambling to adapt.

Decriminalization v. Legalization

So far thirteen states have decriminalized marijuana, allowing recreational use. Up from just eight in 2017. Those are Connecticut, Delaware, Illinois, Maryland, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New York, North Carolina, Ohio, and Rhode Island. Nine states have legalized marijuana for recreational use (Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon, Vermont, and Washington) 

While this legislative activity is taking place on the state level, the drug still remains illegal under Federal law. In fact, it remains a schedule I drug alongside opiates and synthetics drugs. The court battles that were expected with the U.S. Justice Department after Colorado legalized marijuana have not occurred.

Decriminalization does not mean legalization. Decriminalizemeans that possession of small amounts no longer carries criminal penalties. Most states offer a civil violation or no violation at all. Legalizedmeans that marijuana is completely legal to possess. In this case, states have set limits as to the amount that can be possessed and qualifications regarding trafficking.

High on the job

A survey of 10,000 California cannabis users revealed 58% of working professionals use daily and 31% consume while working. (Eaze Insights)

Some businesses not only allow the consumption of marijuana at work, but they also encourage it. Those that do say that it helps employees with stress and anxiety promoting longer work days and creativity. It should be noted that these businesses are mainly in the legal cannabis industry or tech fields.

What is at odds are company drug policies and making accommodations for those with disabilities. Companies want to be inclusive but want to maintain standards as well as workplace safety. Medical marijuana users are looking to the American Disabilities Act for protection.

American with Disabilities Act

The American with Disabilities Act  (ADA) was signed into law in 1990. Succinctly, the ADA prohibits employers from discriminating against those who are disabled and requires employers to provide reasonable accommodations to a qualified individual with a disability to perform the essential duties of their job. Illegal drug use is not covered as a disability. However, the ADA does allow for the use of drugs taken under the supervision of a health care professional. Marijuana may be legally prescribed under state law but remains illegal Federally. Then there’s the Drug-Free Workplace Act of 1988 requiring that Federal contractors provide drug-free workplaces as a condition of receiving a contract.  The ADA states that employers can require employees to conform to the Drug-Free Workplace Act. Further, under the ADA drug testing is not considered a medical examination, allowing employers to test for the use of illegal drugs. 

What the courts have found is that while marijuana remains illegal under federal law the ADA cannot be applied to individuals with disabilities. However, state disability laws may apply in states where medical marijuana use has been legalized.

Court challenges

Rights of the employer and the employee vary state by state. As examples: Arizona, Connecticut, Illinois, Minnesota, and New York laws prohibit employers from discriminating against employees who use medical marijuana and must make accommodations, some further citing-unless the employee is under the influence at work. Florida’s recently passed law does not require an employer to accommodate on-site medical marijuana use. California passed Proposition 64 in 2016, which allows for the recreational use of marijuana. However, the law protects an employer’s rights to enforce workplace drug policies. Rhode Island’s law protects the employer’s right against accommodations for on-site consumption but protects the medical marijuana cardholder against hiring discrimination. 

A 2017 Rhode Island court case ruled that employers could not refuse to hire medical marijuana cardholders even though the person would knowingly not pass the employer’s pre-employment drug test required of all applicants. (Callaghan v Darlington Fabrics Corp., No. PC-2014-5680, Rhode Island Superior Court, May 23, 2017)

Another twist to the saga is the off-site or off-duty use of marijuana which may be legal in the specific state but against company policy. In one of the first court cases of off-site medical marijuana use, the Colorado Supreme Court heard the case of Coats v Dish Network in 2010. The court upheld the firing of a man who failed an employer random drug test for marijuana use. Briefly, in 2010, Dish Network fired a telephone operator who was also a medical marijuana patient after he failed a random drug test. Although the employee claimed that he never used marijuana at work nor was he ever impaired while at work. The case was the first to look at whether off-duty marijuana use, legal under Colorado state law, is protected by Colorado’s Lawful Off-Duty Activities Statute. The statute states that employers cannot fire employees for doing legal activities while not at work. Although medical marijuana use is legal in Colorado, the court ruled that its use is still illegal under Federal law. The ruling supported employer rights to enforce their drug policies. Since this case, courts in California, Oregon, and Washington have also ruled against employees. 

In July 2017 and went against the employer. In Barbuto v Advantage Sales and Marketing, LLC the Supreme Judicial Court of Massachusetts ruled in favor of an employee to use medical marijuana outside of work. The employee claimed that since they have an ADA qualified disability (Crohn’s disease) the employer must make accommodations for an employee to use medical marijuana off duty. The ruling was based on the state’s anti-discrimination law. The court rejected the employer’s argument that marijuana is illegal under Federal law and to allow accommodations would be unreasonable.

Maryland

Maryland is still getting going on its version of medical marijuana. The law was passed in 2013 and took effect in 2016. Dispensaries began opening in 2018. Maryland decriminalized possession of fewer than 10 grams of marijuana in 2014.  Marijuana is still considered illegal but possession of smaller amounts will result in a civil citation rather than arrest. Each year since there have been bills introduced to further decriminalize marijuana. In 2016, a law passed making possession of paraphernalia a civil offense. In 2017, those convicted of marijuana offenses may petition to have their records expunged. 

What to do, what to do…

While the use of marijuana is becoming more openly acceptable in society and states have either made it legal or decriminalized, businesses are still within their legal rights to set drug use policies and restrictions.

Confused? Don’t feel bad. It’s a tricky topic that is evolving almost monthly. Employer’s need to have hiring policies as well as policies to guide employees. These policies have to be living documents and open to change. Having employees and dealing with human resource issues is difficult, especially for small businesses. The rules are constantly changing. There will always be challenges to any policy or rule. You have to stay ahead of the curve and aware of what’s taking place. 

See the blog archive for other posts regarding workplace discrimination and medical marijuana.
Which came first... February 2017

Languages spoken? June 2017

Ban the Box update August 2016

Health History Discrimination May 2016
Medical marijuana in workplace May 2013

It’s Cyber Monday, Y'all!

Cyber Monday credit card security

It’s Cyber Monday, Y'all! Do you know where your credit card is? Of course, you do. It’s in your wallet, or purse, or poised on your keyboard, ready to be put into service. I should have asked do you know where your credit card number is? 

In 2017, according to the National Retail Federation, 81 million people in the U.S. shopped online on Cyber Monday.  About 15 million more than on Black Friday. The only way to snatch up on those cyber deals is to pay with a credit card. And pay we did. Business Insider reported that we spent six and a half billion dollars in 2017. Over $1.5 billion than on Black Friday that same year.

We’ve become trained to look for https or the little padlock to indicate we are dealing with a secure site. And that is true for the transaction. E-commerce is mostly protected by encrypted communications. The security issue here is saving your personal and financial data on the company’s website. Creditcards.com posted a story in 2017 in which they conducted a poll of credit card users. The poll found that 94 million Americans store their card information online

There may be encryption for the transaction but when you store your data you’re giving the site all the information a cyber thief needs. That data sits in a database on the company’s servers for who knows how long. See a previous post on this blog about Cleaning Up Your Online Presence. 

Storing your card information makes it much easier to check out but also exposes your data to hacking. Think about all the stories in the news this year alone about companies getting hacked. And if not directly then through third party vendors. It’s so common that we almost stop paying attention to the reports. If we do feel we’ve been affected, we change our password and move on. It’s become so a part of our lives we’ve become complacent about e-commerce and our privacy.

Tips

·     You have to use plastic to shop online. When you do use credit instead of debit. 

·     Best not to store your information, especially if it’s a little used site or one-time purchase. Type your card in each time. Don’t create accounts. Check out as a guest.

·     Research with whom you’re shopping. The bigger the company the better, to some extent. As opposed to smaller businesses that have less traffic and do not have the resources to support update to date and effective security. 

·     Considering having a card you use specifically for online shopping with a low limit

·     Monitor your accounts. Especially after a shopping spree or big shopping day like Cyber Monday.

Not trying to be Chicken Little. Just trying to remind people to take a beat and check their online shopping practices. Coming back from identity theft or online fraud is not an easy path.

Even though it’s not credit card related here’s another tip that could help protect your card. If you‘re shopping Amazon or looking at reviews on Yelp or TripAdvisor, run the link to the product through a review analytics site like Fakespot. 

The results will give you an idea about how reliable the seller is and if it a reliable company. If using Fakespot, after you find a product on Amazon copy the link from the search bar and past into Fakespot. The results will be a grade regarding the site and advisement on whether you should proceed or not.

Please feel free to share. Visit the blog archive for more posts about Privacy. https://mazzellainvestigations.blogspot.com/search/label/privacy