When It Comes to Non-Compete Agreements, It's Best to Know Exactly What Your Company Is Acquiring

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 When It Comes to Non-Compete Agreements, It's Best to Know Exactly What Your Company Is Acquiring 

September 27, 2011 by Zachary C. Jackson 

Restrictive covenants such as non-compete and non-solicitation agreements are frequently used in connection with acquisitions to protect the underlying value of the transaction. After all, an acquiring company typically values the target company based in part on the revenue it generates from its stable of customers. Therefore, the acquiring company often requires the target company’s employees to execute restrictive covenants that limit their ability to “jump ship” after the acquisition closes and erode the value of the transaction by luring away customers. Recently, the United States Court of Appeals for the First Circuit issued a decision which underscores the importance of carefully examining and understanding any restrictive covenant that may be acquired through a transaction. 

In OfficeMax, Inc. v. Levesque, et al., Case No. 10-2423 (1st Cir. 2011), a company called LS&H had required employees to execute restrictive covenants in 1996 just before it was acquired by Boise Cascade. The agreements provided that the restrictive covenants would continue for “12 months after termination of…employment with LS&H.” Under the agreements, the employees also agreed that they would sign restrictive covenants in “substantially the same form” if requested by Boise Cascade after the acquisition. After the transaction closed, Boise Cascade did in fact request that the employees execute restrictive covenants in “substantially the same form,” but they refused. When OfficeMax later acquired Boise Cascade, OfficeMax too requested that the employees execute new restrictive covenants, but again they refused. In 2009 and 2010, two employees who had executed the restrictive covenants with LS&H terminated their employment with OfficeMax. OfficeMax sued them and obtained a preliminary injunction based on those agreements from the trial court. On appeal, however, the First Circuit vacated that injunction. The Court observed that the plain language of the agreements did not state that they ran for “12 months after termination of…employment with LS&H or any of its successors or assigns.” Furthermore, the Court explained that there would be no reason for the agreements to require that the employees sign substantially similar agreements with the successor if the restrictive covenants were already designed to run from 12 months after the employees separated employment with that successor. As a result, the Court concluded that the restrictive covenant period ended 12 months after Boise Cascade’s acquisition of LS&H in 1996, and had already expired by the time the employees left OfficeMax in 2009 and 2010. 

The opinion thus serves as a cautionary tale for companies to make sure that they review the language and structure of restrictive covenants that they may be purchasing as part of an acquisition. 






PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Exiting Employees Are More Disgruntled Than Ever

REPRINT FROM: WSJ on-line
By JOE LIGHT

More than three-quarters of departing employees say they wouldn't recommend their employer to others, the worst percentage in at least five years, according to exit interviews aggregated by the Corporate Executive Board Co., a research and advisory services firm.

In 2008, just as the recession began, only 42% of employees said they wouldn't recommend their employer. The 2011 data were based on exit surveys of more than 4,300 employees from 80 companies, most with more than $2 billion in annual revenue.

A severe drop in employee satisfaction could impact companies' recruiting efforts, since prospective employees tend to trust former employees the most when choosing where to work, said Brian Kropp, a managing director with the CEB.


The scores likely reflect perceived poor treatment during the downturn, according to Mr. Kropp. "Companies were blunt and rough and tumble with their work force. They created a sense that 'the company doesn't care about me,'" he said.

Companies commonly use referrals from their current work force to find job candidates, but former employees can also be tapped to seek new recruits.

A month ago, Southwestern Energy Co. hired a new recruiting manager tasked with building a database of key alumni who left in the last few years, in the hope that they can ask them to fill or refer people for future openings, said Jenny McCauley, senior vice president of human resources at the Houstin-based energy company.

Southwestern Energy's recruiters might reach out to key alumni every six to nine months to see if they would return, and the company might continue to send the in-house employee magazine even though they don't work there anymore, she said.

Alumni could also be invited to continue contributing to company blogs and social media sites and might even continue to have access to part of the company's intranet, in the hope that they stay better connected, she said.

Southwestern Energy decided to build the alumni group after facing stiff competition for employees who specialize in petroleum and energy extraction, Ms. McCauley said.

The University of Texas Health Science Center at Houston, a network of teaching hospitals and medical schools, receives especially high ratings from employees on their exit interviews, according to the Corporate Executive Board, which processes them. Between 13% and 19% of employees who leave change their minds and come back within a year, said UTHealth chief human resources officer Eric Fernette.

With that in mind, the company calls high-value departures about six months after they settle into their new job to see if they would consider coming back, he said.

Write to Joe Light at joe.light @wsj.com


PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Office Politics: 10 Ways to Play and Win

Power, influence, status, recognition, ambition and reward -- as much as we might hate to admit it, the stuff that makes a fast-track career exciting and fun can be the very things that can also do it in.

Set any negative connotations aside and face it -- office politics, and playing to win, can make all the difference.

In this, the first in a two-part series, we'll examine how to position yourself for the game you'll have to play at some point, like it or not!

1. Play with a purpose

As with all things work related, you should have clearly stated objectives. If you know what you want to achieve you can better befriend the right people and prioritize your efforts so that whatever you do is leading you in the direction of your goals.

When it comes to office politics, the same applies. Pick your friends -- and your battles -- wisely.  Don't get sidetracked by the game, focus on the prize.

2. Where are you on the org chart?

If you look at how things get done in the office you'll find undocumented relationships and connections at work that are not so easily described as in an org chart.

Tap into "the network" and connect directly with the people who get things done. Add value to the network by greasing the skids for whomever you can help. That way you become part of the only org chart that really matters.

3. The importance of walking humbly

As the saying goes, "It's nice to be important but more important to be nice." People who inflate their own importance invariably get their bubble burst, while those who genuinely foster good relations are better positioned when it comes to playing the game.

Walking humbly does not mean you're a pushover. It simply means you've taken your importance to heart and not let it go to your head.

4. It is better to give than to receive

Being well-positioned politically means people value you. But don't make the mistake of thinking that ingratiating yourself to people will help -- it won't. 

While a "you scratch my back..." attitude may not be a good idea either, remembering reciprocity is a two-way street is -- especially when it comes to office politics. 

With reciprocity in mind, remember, the giver has power over the recipient. That is a good position to be in.

5. Can you be trusted?

Trust is at the root of all good working relationships. The nature of office politics is to take things like trust and pervert it for a self-serving agenda. 

Practicing the things that we associate with trust is a good way to communicate your position. But don't forget to keep your defenses up.

Being an "open book" doesn't mean full disclosure any more than telling the truth means you always have to have an answer.

6. The best form of defense

Be a consensus builder. The more that people seek you out to help them with their politics-related issues the better positioned you'll be when it comes to fighting battles of your own.

Not only will you have gained valuable insights in the process you'll have gained allies and supporters along the way.

Another advantage of building consensus is that you become a broker, not only of solutions and relationships, but also of power.

7. Brand yourself or be branded

Sometimes our well-intentioned actions can be misconstrued as mischievous, words gently spoken heard as innuendo. The worst case scenario is not to be aware

of how your communications are being received and retransmitted down the grapevine. Avoid this at all costs!

Position yourself by clearly stating, and repeating often, who you are, what you do, what you stand for. Have a personal brand that people can positively relate to. 

8. Create demand for you, personally

Imagine, the copier is out of paper and the supply room is empty or a widget shortage threatens production.

Whether the impact is big or little, anticipate shortages and prepare ahead of time.

That is not to suggest you become a hoarder or price-fixer. But access to resources, especially when they become scarce, puts you front-and-center, a good position to hold. Think: WWII, nylons and chocolate.  

9. Avoid blow-ups

The way we interact with bosses is obviously different from the way we interact with peers and subordinates.

Whatever the transaction, remaining emotionally detached and business-like minimizes your exposure to "office political-incorrectness."

Now, we all have feelings and sometimes emoting can be a good thing. But emotional outbursts not only undermine your position but, if habitual, your employment too. Even under attack, stay calm...breathe!

10. Be consistent and predictable

When people push your buttons they should be able to reasonably anticipate your response.

But, when you find yourself at the center of a controversy, the way you are being portrayed should be in such stark contrast to the way others would expect you to behave that they reject ways a button-pusher may characterize you when you are not around.

PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

IN CASE YOU FORGOT TO TAKE A CONSUMER ACTION — NETFLIX

IN CASE YOU FORGOT TO TAKE AN ACTION, THIS ARTICLE WILL REMIND YOU!

Why Netflix's Reed Hastings Proves It's Better to Beg Forgiveness Than Ask

Posted on Thursday, September 22, 2011 6:40:50 PM GMT   |  REPRINT FROM VAULT.COM

The message in my inbox reads, "Dear Cathy, I messed up. I owe you an explanation."

It's not from a cheating boyfriend—it's from Reed Hastings, CEO of Netflix. And I have to say I agree with him. Netflix's big split may well be a mistake. But then, I realize, that's not what he's apologizing for.

Imagine yourself in a similar position, at your company: you have to ask your customer—or coworkers, or boss—to accept a new initiative that will 1) Cost more money, 2) Cause inconvenience, and 3) Generally shake things up. Whoever your audience is, they'll likely give you a resounding "no."

Hastings, in his email, only apologizes for one thing: not fully explaining the company's plans before rolling out the new pricing system.

But it's likely that exactly those actions will keep Netflix afloat in the coming months.

Surprised? Don't be. Hastings has human nature on his side. By forcing Netflix subscribers to either passively forgive him (by not unsubscribing) or actively rejecting the new plans (by going out of their way to cancel their memberships), Netflix (safely) assumes that we all take the path of least resistance. And we will. Social scientists have known this for 70 years--the famous "allow-forbid" study of 1941 showed that only 25% of those questioned answered yes to allowing "speeches against democracy"--but oddly, a 46% said no to forbidding them. The only difference?  Required action.

Most of us are hesitant to actively say "yes" to new things. Take that effect and double it for the business world, where bad decisions translate to loss of money. Triple for a corporate environment, where complex hierarchies mean people's jobs are in danger for other's choices. Simply put, asking people to approve your risky ideas doesn't work.

Asking them to actively deny you a chance to try? That does.

Take Hastings: he upped prices, giving customers a vague explanation and one month of notice for the change. Would we approve of this idea if Hastings had asked first? No! Will we cancel our subscriptions now that he's gone through with it? Well… that's a tough one. It puts the uncomfortable decision in the hands of subscribers. And being humans, they—we—let the new pricing deadline come and go without cancelling.

In truth, Netflix has lost subscribers—news headlines report "plummeting stocks" and mass exodus of customers. But the reality—as reported in the Wall Street Journal--is that only 4% of subscribers actually said "no" to Hastings. Compare that to an estimate of how many would have actively given him permission to do this in advance (oh, 99.99% perhaps?) and that number sounds downright miraculous.

The lesson: never ask for your "no" by begging permission. Instead, do the legwork: create the business model, design the logo, and then, like Hastings, apologize when you need to. The results may surprise you.  

--Cathryn Vandewater, Vault.com

Why follow such a poor example?

Cathryn,

This is the first time I've really, strongly disagreed with a Vault article. I have to wonder where you're getting the idea that no one's upset with Netflix, or that the Hastings model is an effective one. It's very good at pissing off the customer base and eroding that base's trust in you, so if that's the goal you're espousing, I guess you're right. But I don't know anyone who hasn't considered canceling their service, especially since the "apology," which just made things worse, not better. And I am one of the few who kept any part of the service at all. I realize that my social circle is not all-encompassing, but I can't ignore the percentages I see, which are awfully close to 100%, reinforcing the idea that I'm not an outlier in being furious with Netflix and thinking that the apology was even more insulting than the initial change. Netflix used to be one of the best-regarded, most highly-trusted companies in the US, and thus a rare bird indeed. Destroying that trust is not going to keep Netflix afloat, and compounding it by making the service difficult to use (and giving the DVD service an absolutely stupid name that no one can remember or even spell correctly is not going to do them any favors, either). It's been widely described as the worst marketing move since New Coke, and not without reason.

I think Hastings and Co. have been surprised, all right, but not in the way you presume. I feel like I'm watching an old friend who has decided to commit a long, drawn-out suicide, and it's painful. I want my old Netflix back, and when Amazon or someone else comes along and has learned from Netflix's mistakes, I'm sure I won't be the only one giving them the final heave-ho. Are you really sure you want to say that we should follow this model?

THANK YOU FOR......

REMINDING ME TO CANCEL MY SUSCRIPTION!

I DON'T BELIEVE IN CONSUMER ABUSE!

PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Ten Clues It's Time to Replace Your Head of HR

Ten Clues It's Time to Replace Your Head of HR

3:30 PM Tuesday September 27, 2011 REPRINT FROM: HBR
by Karie Willyerd 

If you're a CEO, can the wrong head of HR cause you to lose your job? Absolutely. Ask the ex-CEO of Pfizer or the ex-CEO of Schwab, who both were fired by their boards in part for poor judgment regarding the head of HR. Astonishingly, it was the same woman, Mary McLeod. Called "Neutron Mary" at Pfizer, she had a reputation for excessive personal use of the Pfizer helicopter, tight control of relationships with the CEO at both companies, and harshness with her staff.

Done well, the practice of HR can be one of the most important relationships in ensuring strategy becomes real throughout an organization. Done poorly, not only can it put a leader in peril, it can result in alienated employees and resultant losses in customer satisfaction and shareholder value.

How do you know you have the right person? Perhaps it's easier to start by discussing the pathologies of a dysfunctional Chief of Human Resources Officer (CHRO). Here are ten clues that it's time to replace him or her. Although any one of these could indicate it's time to replace your CHRO, a pattern consisting of several of these means you should also examine whether your own judgment is under scrutiny.

1. The last time your CHRO had an employee roundtable discussion was before the economic downturn. One of the most valuable roles the CHRO plays is taking the pulse of your workforce. Face time with employees is essential. If your CHRO travels only to accompany you, or keeps in touch with staff primarily through email or one-way communication such as videocasts, you've got a problem. The tougher the times, the more important it is to ensure employees are motivated.
2. The language of business is a foreign language. If he or she can't name your top 10 customers, your top five competitors, or describe the basic business model, then aligning people to the business will be impossible. When the staff conversation turns to operating margins, cash flow, inventory, or revenue, does the CHRO tune out? You should be able to expect your CHRO to offer solutions for improving any of your business metrics through employee alignment and engagement.
3. Your CHRO thinks of email as modern technology. Increasingly the way to reach the next generation of employees is through social media, both to recruit them and to engage them. Already 35% of the workforce is comprised of Millennials, born after 1977, and they will comprise nearly 50% of the workforce by 2015. If your CHRO can't navigate the tools they are using, it's unlikely you will have platforms to engage and retain those employees. Does your CHRO blog, tweet, have RSS feeds, and know what cloud computing, SaaS, and YouTube are? (Last year I was at an HR conference where someone asked "What is YouTube?") Does your CHRO use a smart phone? Or is your CHRO having his/her assistant print out emails to take home at night? Communicating with employees requires using the means that employees use to communicate, not necessarily the ones the CHRO is comfortable using.
4. Change is a four-letter word. Could change your strategic direction in nine months or less? In this volatile climate, the new watchword for business is "agility." Your CHRO is your key resource to ensure you can achieve your strategic directions through a leadership team and employees that are aligned and executing along common goals.
5. Your head of HR is hesitant to be accountable for meaningful metrics. The ability to track and analyze meaningful metrics in the HR space has changed significantly in the past five years. Is your CHRO abreast of those changes? Can you answer yes to the following questions: Does HR add value to the business through workforce analytics? Do you know what the cost of HR is per employee? Does your CHRO take ownership for improving employee engagement? Do you know the ROI you receive from investing in salaries, bonuses, or development? Do you know the impact attrition has on your customer satisfaction and your ability to grow? You should be able to get these answers.
6. The vision for HR is murky, generic, or even unstated. Does your CHRO have a clear vision of how HR enables the people in your organization to achieve extraordinary performance? Or is HR focused primarily on budget cuts and streamlining administration? Operating as efficiently as possible is a minimum expectation. Ask to look at the vision and mission for your HR function. If those are realized, will it make a difference to the business? How? Is there a plan to ensure the vision and mission will be realized?
7. Your CHRO knows how to lavish out perquisites, especially to the CHRO. The CHRO sets the tone for the executive team in terms of focus on special perks, and if your CHRO is focused on themselves and their need for creative pay solutions, you're in trouble. Another clue that your CHRO is more focused on style than substance is when the content of their business card, such as long listings of certifications, takes up more of their first few weeks on the job than getting to know the business.
8. Your CHRO has effectively alienated you from your staff. Although it's extremely important for your CHRO to be a trusted advisor, a healthy relationship includes encouragement of your direct reports to have relationships with you as well. If the access of other executives is managed through the CHRO, a dysfunctional leadership team is not far behind. If your CHRO acts as a gatekeeper, subtly threatens your staff if thwarted, or brags about having the CEO under her thumb, as McLeod reportedly did at Schwab, you will become isolated from the direct communication that keeps you in touch with the pulse of the business. A CHRO should be helping you spread a wide net of information coming into you — not acting as a severe funnel on your behalf. Having a CHRO who sees as their main job the care and feeding of the CEO is seductive and enticing. Resist the temptation.
9. The CHRO has difficult and strained relationships with his or her direct reports. A new head of HR might take six months or a year to align and shift their direct reports, but after that period, you should be able to observe a highly functional team at work. Does the CHRO pick staff who are excellent in their fields, and complement the CHRO's own skills? Does the CHRO have in place a solid lineup of successors? What does the 360-assessment of the CHRO look like? If HR itself is dysfunctional, it's hard for them to have credibility when advising others on building strong teams and employee engagement.
10. Your CHRO has a nickname such as Neutron Mary (at Pfizer), Chainsaw Charles, Dolores Umbridge — or worse. If your CHRO has lost the support and respect of your workforce, your ability to motivate and align your employees behind your strategy has been compromised. Yes, the CHRO may have had to implement strong actions at times to ensure the survival of the business, but these should be balanced with actions that build loyalty and engagement. If 60 percent of your workforce would consider a job change when the economy recovers, how likely is it you'll out-compete others?

Some of these behaviors can be changed via expectation-setting, coaching, or feedback. But if your CHRO exhibits many of these pathologies, it's likely you need to make a change. The bottom line is that you can and should expect excellence from your CHRO. Do you?PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

A better way to fire someone?

A better way to fire someone?

PRESENTED BY: Executive Leadership, LLCSPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655WEBSITE: http://www.exec-leadershipLLC.com

If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.

CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).

Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.

With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Seven Personality Traits of Top Salespeople

Seven Personality Traits of Top Salespeople

9:10 AM Monday June 27, 2011
by Steve W. Martin 

If you ask an extremely successful salesperson, "What makes you different from the average sales rep?" you will most likely get a less-than-accurate answer, if any answer at all. Frankly, the person may not even know the real answer because most successful salespeople are simply doing what comes naturally.

Over the past decade, I have had the privilege of interviewing thousands of top business-to-business salespeople who sell for some of the world's leading companies. I've also administered personality tests to 1,000 of them. My goal was to measure their five main personality traits (openness, conscientiousness, extraversion, agreeableness, and negative emotionality) to better understand the characteristics that separate them their peers.

The personality tests were given to high technology and business services salespeople as part of sales strategy workshops I was conducting. In addition, tests were administered at Presidents Club meetings (the incentive trip that top salespeople are awarded by their company for their outstanding performance). The responses were then categorized by percentage of annual quota attainment and classified into top performers, average performers, and below average performers categories.

The test results from top performers were then compared against average and below average performers. The findings indicate that key personality traits directly influence top performers' selling style and ultimately their success. Below, you will find the main key personality attributes of top salespeople and the impact of the trait on their selling style.

1. Modesty. Contrary to conventional stereotypes that successful salespeople are pushy and egotistical, 91 percent of top salespeople had medium to high scores of modesty and humility. Furthermore, the results suggest that ostentatious salespeople who are full of bravado alienate far more customers than they win over.

Selling Style Impact: Team Orientation. As opposed to establishing themselves as the focal point of the purchase decision, top salespeople position the team (presales technical engineers, consulting, and management) that will help them win the account as the centerpiece.

2. Conscientiousness. Eighty-five percent of top salespeople had high levels of conscientiousness, whereby they could be described as having a strong sense of duty and being responsible and reliable. These salespeople take their jobs very seriously and feel deeply responsible for the results.

Selling Style Impact: Account Control. The worst position for salespeople to be in is to have relinquished account control and to be operating at the direction of the customer, or worse yet, a competitor. Conversely, top salespeople take command of the sales cycle process in order to control their own destiny.

3. Achievement Orientation. Eighty-four percent of the top performers tested scored very high in achievement orientation. They are fixated on achieving goals and continuously measure their performance in comparison to their goals.

Selling Style Impact: Political Orientation. During sales cycles, top sales, performers seek to understand the politics of customer decision-making. Their goal orientation instinctively drives them to meet with key decision-makers. Therefore, they strategize about the people they are selling to and how the products they're selling fit into the organization instead of focusing on the functionality of the products themselves.

4. Curiosity. Curiosity can be described as a person's hunger for knowledge and information. Eighty-two percent of top salespeople scored extremely high curiosity levels. Top salespeople are naturally more curious than their lesser performing counterparts.

Selling Style Impact: Inquisitiveness. A high level of inquisitiveness correlates to an active presence during sales calls. An active presence drives the salesperson to ask customers difficult and uncomfortable questions in order to close gaps in information. Top salespeople want to know if they can win the business, and they want to know the truth as soon as possible.

5. Lack of Gregariousness. One of the most surprising differences between top salespeople and those ranking in the bottom one-third of performance is their level of gregariousness (preference for being with people and friendliness). Overall, top performers averaged 30 percent lower gregariousness than below average performers.

Selling Style Impact: Dominance. Dominance is the ability to gain the willing obedience of customers such that the salesperson's recommendations and advice are followed. The results indicate that overly friendly salespeople are too close to their customers and have difficulty establishing dominance.

6. Lack of Discouragement. Less than 10 percent of top salespeople were classified as having high levels of discouragement and being frequently overwhelmed with sadness. Conversely, 90 percent were categorized as experiencing infrequent or only occasional sadness.

Selling Style Impact: Competitiveness. In casual surveys I have conducted throughout the years, I have found that a very high percentage of top performers played organized sports in high school. There seems to be a correlation between sports and sales success as top performers are able to handle emotional disappointments, bounce back from losses, and mentally prepare themselves for the next opportunity to compete.

7. Lack of Self-Consciousness. Self-consciousness is the measurement of how easily someone is embarrassed. The byproduct of a high level of self-consciousness is bashfulness and inhibition. Less than five percent of top performers had high levels of self-consciousness.

Selling Style Impact: Aggressiveness. Top salespeople are comfortable fighting for their cause and are not afraid of rankling customers in the process. They are action-oriented and unafraid to call high in their accounts or courageously cold call new prospects.

Not all salespeople are successful. Given the same sales tools, level of education, and propensity to work, why do some salespeople succeed where others fail? Is one better suited to sell the product because of his or her background? Is one more charming or just luckier? The evidence suggests that the personalities of these truly great salespeople play a critical role in determining their success. 


PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

HR Job Opportunities

HR Job Opportunities
August 2, 2010

Bertram & Associates, Inc. is a premier executive search firm that focuses exclusively on the search and placement of Human Resources professionals.

Our objective is to find and place qualified HR professionals with leading and progressive companies, assisting these companies in building world-class HR teams.

The only way to build a world-class team is to hire the best people-and that is what Bertram & Associates, Inc. can help you do.

Below you will find a list of current searches being conducted by Bertram & Associates, Inc. If you would like to submit your resume for consideration, please click on the "submit resume" link found at the end of each position description. If you would like general information about Bertram & Associates, Inc., you can find our contact information in the "Quick Links" section below.

Learning & Org Development Administrator (Rochester, MN) NEW!
THE COMPANY: World class healthcare organization.

THE POSITION: The organization is looking for a Learning & Org Development Administrator (newly created position) for its location in Rochester, MN. Reporting to the CHRO, this position will be accountable to assess, design and implement the Office of Leadership and Organization Development for the organization. Provides strategic leadership and expertise to assist the organization in achieving its strategic plan through progressive application of organization development principles. Creates plans and processes, which enhance the organization's ability to effectively implement strategy by affecting key organizational "integrators."

THE LOCATION: Rochester, MN - Money Magazine said it best, "One thing to remember about Rochester is that it has the sophistication of a larger metro area, but not the congestion or the complications." Named "Best Small City" in America by the nationally recognized magazine, Rochester merges a cosmopolitan atmosphere with Midwestern hospitality giving convention attendees a most memorable experience. The city was estimated to have a population of 103,486 according to the US Census' 2009 report released in 2010, making it Minnesota's third-largest city.

THE REQUIREMENTS: The ideal candidate will have a Masters Degree and 10+ years of proven successful experience demonstrating positive results in executive level strategic planning, organization development or human resources required. Experience with business planning and program development. Experience in a matrix management or consulting type environment is desirable.


Submit Resume
HR Manager (Chillicothe, MO) NEW!
THE COMPANY: Global manufacturing company.

THE POSITION: The company is looking for a Multi-Site HR Manager to be located in Chillicothe, MO. Reporting to the Plant Manager, this position will be responsible for providing human resources generalist support to two unionized manufacturing locations (Chillicothe, MO and Grinnell, IA). Responsibilities include but not limited to: recruitment, employee relations, performance management, training, etc. This position will also be responsible for labor relations and contract administration.

THE LOCATION: Chillicothe, MO - Chillicothe lies in the heart of a rich agricultural section of the state and is the largest community in north central Missouri. The 2000 Census lists our population as 8,968, but we are also blessed with support from surrounding towns in our area. Livingston County's population is 14,558, and citizens from nearby counties visit us as well. We are located 90 miles northeast of Kansas City and at the intersection of U.S. Highways 36 & 65.

THE REQUIREMENTS: The ideal candidate will have a Bachelors Degree (Masters Preferred) and 7+ years professional level human resources experience, including managerial experience in a manufacturing environment. Labor relations experience is required.


Submit Resume
HR Admin & Project Specialist (St. Paul, MN)
THE COMPANY: Global manufacturing company. The company employs 7,500 people, with manufacturing concentrated in the US, the UK, Mexico and Italy.

THE POSITION: The company is looking for an HR Admin & Project Specialist for their St. Paul, MN global headquarters location. This position will provide high level independent, administrative and project lead support to maximize utilization of the Vice President and his Global HR leadership team.

THE LOCATION: St. Paul, MN is the capital and the second most populous city in Minnesota. The city and the adjacent city of Minneapolis, form the core of the Twin Cities metropolitan area, the fifteenth largest such area in the United States with a population of 3.5 million. As of the 2000 census, St. Pauls population was 287,151. The historic family-style city is recognized for its European charm, friendly people and its picturesque location on the Mississippi River. Families will enjoy the Minnesota Children's Museum, the Minnesota and Como Zoo, Padelford boat rides on the Mississippi River and the Science Museum of Minnesota.

THE REQUIREMENTS: The ideal candidate will have a High School Diploma or equivalent. Educational certification (A.A. or B.A. degree) highly preferred. Eight to ten years experience of high level administration and/or HR project leadership.


Submit Resume
Sr. HR Business Partner (St. Paul, MN)
THE COMPANY: Global manufacturing company. The company employs 7,500 people, with manufacturing concentrated in the US, the UK, Mexico and Italy.

THE POSITION: The company is looking for a Sr. HR Business Partner for their St. Paul, MN global headquarters location. Reporting to the SVP-HR, this position will be responsible for driving profitable growth by building the best global team. Lead in key HR focus areas, including: Talent Management, Organization Effectiveness, Performance Life Cycle and Brand Management.

THE LOCATION: St. Paul, MN is the capital and the second most populous city in Minnesota. The city and the adjacent city of Minneapolis, form the core of the Twin Cities metropolitan area, the fifteenth largest such area in the United States with a population of 3.5 million. As of the 2000 census, St. Pauls population was 287,151. The historic family-style city is recognized for its European charm, friendly people and its picturesque location on the Mississippi River. Families will enjoy the Minnesota Children's Museum, the Minnesota and Como Zoo, Padelford boat rides on the Mississippi River and the Science Museum of Minnesota.

THE REQUIREMENTS: The ideal candidate will have a Bachelors Degree (Masters preferred) and 10+ years of progressively responsible HR experience within a global manufacturing company. Global experience required.


Submit Resume
VP, HR (Minneapolis, MN)
THE COMPANY: This well-known healthcare organization is one of the largest in the Twin Cities area with over 4,500 employees.

THE POSITION: The company is looking for a Vice President, Human Resources. This position will lead the development and implementation of strategic plans for Human Resources Operations, Employee Occupational Health and Wellness, Organizational Development and Learning, Compensation, Benefits, Payroll and Human Resources Information Systems.

THE LOCATION: Minneapolis, MN is one of the nation's biggest little cities, brimming with activity and charm. The city's 24 lakes provide the perfect backdrop for picnicking in the summertime and ice-skating figure-eights in the winter. Whether citizens are relaxing down at the sidewalk cafes, taking advantage of its copious, diverse shops, or simply taking in an evening at the theater, it's no wonder that this bustling half of the famed Twin Cities draws visitors from across the nation each year.

THE REQUIREMENTS: The ideal candidate will have a Bachelors Degree (Masters preferred) and 10+ years progressive Human Resources Management experience, including leadership experience. Healthcare experience strongly preferred but not required. Strong labor relations experience required.


Submit Resume
Other HR Positions
Search for other HR positions across the nation.
Positions include:
HR Manager - Upper Sandusky, OH
HR Manager - Youngstown area, OH
Corp Benefits Manager - Fort Wayne, IN
HR Manager - Dayton, OH
And more...

Search Jobs Database

sjakubik@bertramandassociates.com
http://www.bertramandassociates.com





PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

"Independent Contractors" Are Again Front-And-Center

FISHER & PHILLIPS
WWW.LABORLAWYERS.COM
WAGE AND HOURS LAWS
WWW.WAGE-HOUR.NET

"Independent Contractors" Are Again Front-And-Center

September 19, 2011
By John E. Thompson

The U.S. Labor Department announced today that it has entered into a cooperative alliance with the U.S. Internal Revenue Service and others aimed at ending "the business practice of misclassifying employees [as independent contractors] in order to avoid providing employment protections." As the IRS's involvement might suggest, this collaboration has as much to do with enhancing the inflow of tax revenues and other sums to various governments as it does with "employee protections".
The arrangements' signatories include:
◊ Connecticut, Maryland, Massachusetts, Minnesota, Missouri, Utah, and Washington,
◊ State labor officials in Hawaii, Illinois, and Montana, and
◊ New York's Attorney General.


The Labor Department says that these arrangements will permit it to "share information and coordinate law enforcement with" the participants.

None of this should be a surprise, arising as it does from a federal "Misclassification Initiative" that began to gather steam last year. Nevertheless, every company or other organization with an operational model based even in part upon a contingent of independent contractors should anticipate renewed enforcement energy, activity, and assertiveness. Management should immediately evaluate whether there might be any vulnerability to a successful claim that those workers are instead employees, including for purposes of federal and state wage-hour laws.

And where the federal Fair Labor Standards Act is concerned, remember that its definition of "employee" has been characterized as being the broadest among all federal employment laws. In considering a worker's FLSA status, think through the answers to questions like these:
◊ Are the individual's services an integral part of the organization's activities?
◊ Does the individual have any significant investment in facilities or equipment?
◊ Does the individual have an opportunity for profit and loss in a business sense?
◊ Does the individual exercise a businessperson's initiative, judgment, or foresight?
◊ Is the relationship is permanent or indefinite, rather than for a determinable time?
◊ Does the individual have meaningful and predominant control over the work's details?
◊ How much control does the organization retain over the work's details? Independent Contractor Article 05 20 10.pdf (62.50 kb)

PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Banking Employers Rankings 2012: Vault Banking 50

 Banking Employers Rankings 2012: Vault Banking 50
From: Vault.com
This VAULT BANKING 50 is compiled using a weighted formula that reflects the issues bankers care most about, combining quality of life rankings (such as culture, satisfaction, hours and compensation) with overall prestige.

2012          2011                Bank                                                                 Score Location
1                3                      J.P Morgan Investment Bank                           8.446 NY, NY
2                1                      Goldman Sachs & Co.                              8.439 NY, NY
3                22                    Morgan Stanley                                                7.837 NY, NY
4                4                      Credit Suisse (Investment Banking Division)   7.562 NY, NY
5                5                      Houlihan Lokey                                                7.562 LA, CA
6                26                    Greenhill & Co., Inc.                                 7.412 NY, NY
7                27                    Evercore Partners                                              7.380 NY, NY
8                30                    Perella Weinberg Partners                                 7.206 NY, NY
9                 8                     Centerview Partners                                          7.197 NY, NY
10               9                     Jefferies & Company, Inc.                         7.069 NY, NY
11               6                     Moelis & Company                                   6.785 NY, NY
12               40                   Nomura Holdings, Inc.                                      6.727 NY, NY
13               11                   RBC Capital Markets                                        6.714 Toronto, Canada
14               35                   Royal Bank of Scotland Group plc                   6.697 Edinburgh, UK
15               15                   Citi Institutional Clients Group                          6.568 NY, NY
16               14                   Sandler O'Neill + Partners L.P.                         6.420 NY, NY
17               13                   Robert W. Baird & Co. (Baird)                 6.406 Milwaukee, WI
18               17                   Piper Jaffray Companies                                   6.388 Minneapolis, MN
19               NR                 Gleacher & Company, Inc.                       6.195 NY, NY
20               10                   William Blair & Company                        5.896 Chicago, IL
21               18                   Cowen Group, Inc.                                           5.721 NY, NY
22               21                   SunTrust Banks, Inc.                                        5.716 Atlanta, GA
23               19                   FBR & Co.                                               5.384 Arlington, VA
24               2                     The Blackstone Group                                     3.292 NY, NY
25               23                   Lazard                                                              2.831 NY, NY

PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

The Top Five New Manager Mistakes

The Top Five New Manager Mistakes
From: Recruiter.com

First time and/or new managers have a lot of weight on their shoulders. Just coming to terms with the realities of leadership, a new manager is still expected to drive the performance of their team and push the limits of their own skills and competencies.

While there is no definitive learning curve for great leadership and management, the transitional period from regular staff level employee to manager is inherently stressful. Even so, many new managers start their management tenure with radical notions and rash decision making.

Here are the top five mistakes a new manager can easily make:

Taking too much control: Don’t let your new position go to your head. As any good manager knows, It’s not all about you – it’s about the results of the team. Don’t leverage your management authority to make the workplace an environment of fear and animosity for your employees.
Not appreciating your team: Understanding the value of your team is the key to unlocking any successful project or goal. Realize that your subordinates are not carbon copies of yourself and that each individual has different strengths and weaknesses that they bring to the table. They are motivated and are driven to perform for different reasons.
Moving too fast: Many a new manager wants to start their career with a bang and come in to the role expecting to change the world. Slow down and take baby steps – radical change is seldom accepted wholeheartedly. Most management gurus suggest a three month “grace period,” where you evaluate the team and understand your goals.
Not taking any advice: New managers are expected to make tough decisions even though they don’t possess the years of experience and insight a seasoned decision maker would have. For any new manager, now is the time to listen and learn. Seek advice from colleagues and mentors while working hard to bridge communication gaps with team members. Building a rapport with your team builds trust.
Not taking enough control: The antithesis to Mistake #1, not taking enough control is just as deadly to any new manager. Your authority is paramount or else the whole system falls apart. As a leader, you can be cordial and respectful with your teammates, but you can’t be their best friend. This is the sacrifice that any good manager must realize, and accept.
The road to great management may in fact be a lifelong journey, not a skill easily acquired in a number of months on the job. Many new supervisors take it upon themselves to overcompensate in certain areas – terrified that someone might perceive their freshness as a weakness. They make poor choices that impact organizational effectiveness and quickly find themselves burnt out from the stress.

In fact, many employees struggle to get into management roles, but once they get there, they realize it isn’t for them. Managers must possess a very particular drive and personality in order to be effective. If it’s not for you, don’t be ashamed to realize this. But if you are a new manager, be sure to give yourself some time on the job. More so than perhaps any individual profession, managing people presents the most complex challenge, but also presents the greatest rewards.


PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

Consulting When In a Career Transition

Consulting When In a Career Transition
By Michael K Burroughs

How many people have you met who are in a career transition and have a business card that says, "Consultant?" Now, how many do you know who are actually doing consulting? Probably not many. It's something you should seriously consider doing...really. One reason is a simple one: cash flow. But there are other very practical reasons to do so.

If you are (or have been) in transition you know how deflating this can be. You have all this great experience and all of a sudden, no one cares. Well, that's not true. What is true, however, is that many of the recommendations job seekers get is dated. At the top of the list is the quest for the "information interview." You know; it's the one where you're simply networking and not actually wanting the person you are meeting to offer you a job... Right. Well, that was the way it was done in the 90's. I'm not saying that you shouldn't meet people and network. Actually, you should be doing that all the time. One of the most common things I hear from executives in transition is a lament that they did not build an effective network of contacts when they were gainfully employed. You should never be too busy to network. It's career management 101.

There is a better alternative to the information interview. You're going to have to reach out to a lot of people to get a just few of these meetings. Usually, they're a courtesy meeting...something that is arranged for you by a friend who knows the person you want to meet. So while you're reaching out to these people, why not offer them something they might actually want such as short-term assistance that leverages all of the great experience you have? You know the drill. There is little money in the budget to hire a FTE, but there can almost always be funds for someone to help out for a while. Now you become a problem-solver when you call and not a personal solution seeker.

Examine your background carefully and identify five things that you know you personally do exceedingly well. Call them towering strengths. Keep in mind, these are things YOU do, not the people who used to work for you do. Now, narrow that list to the top three. Those are the skills you will leverage as a consultant. That's a lot different from simply wanting some part-time work that may or may not be right down your alley. With these three high-powered executive skills you have the making of a good consulting practice. The next step is to identify the places where you would like to do work in those areas, locate the hiring managers at each of them, and then reach out to them as a short-term problem solver. That way you're not another displaced executive in the job hunt.

I've given this advice many times in the past, and I have taken my own advice on more than one occasion. In just about every case, working as a highly skilled executive consultant has led to a job offer. Your goal should be to get and keep three to five clients rather than being delighted with serving one client 24/7. This is what any good consultant would do and your clients expect you to have more than one client, and they will be impressed that you do. When that inevitable job offer appears, you then have a choice to make. By that time you will either really like the freedom associated with being your own boss, or it will be a chore and you will be delighted to get a regular job again. Either way you win. The time you will have spent as an extra pair of highly skilled executive hands will only make you better at what you do. While doing it you will have decent if not excellent cash flow. One other thing you will have that's very important is a bounce in your step resulting from high self-esteem. It's just human nature for people to want to make a substantive contribution. This is a good way to have all of these things.



PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

6 free social media monitoring tools Need to track your social media mentions, but don't have a large budget? This article has the answers—six of them.

6 free social media monitoring tools

Need to track your social media mentions, but don't have a large budget? This article has the answers—six of them.

By Jessica Malnik | Posted: September 14, 2011

Reprint from Ragen.con

It's no secret that there are a massive number of paid social media monitoring services out there. They offer great social media analytics tracking, reputation management, the ability to view top influencers, and countless metrics and data sets.

But many small businesses, startups and nonprofits don't have the luxury of a large social media marketing budget.

Reputation management is critical at all levels, and allows you to understand who is talking about your brand and where that chatter is talking place. At the least, you should use Google Alerts to monitor the brand's mentions across the Web. Moving past that, there are a few options in between Google Alerts and paid services.

Here are six, completely free social media monitoring tools that allow brands of any size and budget to better plan, track and analyze their social media channels.

1. Addict-o-matic

Addict-o-matic provides a snapshot of a brand's impact across the social Web. While it's far from comprehensive, it provides initial insights of who is mentioning your brand on Twitter, YouTube, Flickr and up to 25 other news sites and search engines. It then processes and aggregates all that information, and displays it as a single Web page.

2. Social Mention

Social Mention takes Google Alerts to the next level. The site monitors your brand's mentions from across the social Web, including Facebook, Twitter, YouTube and Flickr. You can get the data through its website, an RSS feed, or have it sent directly to your email.

3. Ice Rocket

Ice Rocket allows brands to track mentions and targeted keywords through blogs, images, the Web, social media sites and relevant news. It also has a feature to create graphs of trending topics/keywords for a visual representation. Additional services include a blog tracker and RSS feed builders.

4. Topsy

Topsy in its most basic form is a real-time social search engine. It breaks down search into four areas: Web, photos, tweets and experts. This can come in handy when you want to see how far your reach and audience extends. There is also a trending feature, which analyzes the current trending topics.

5. Backtweets

Unlike the other four services, Backtweets is exclusively for Twitter. Simply put, it measures the reach of a single Twitter message. It's a way to analyze which influencers mention and retweet your tweet.

There is also a pro version, which provides comprehensive Twitter graphs, reach statistics, Google Analytics integration, and influencer lists.

6. Wordle

Wordle creates word clouds that visualize any website, blog and Twitter stream. The biggest words are the most prominent words on the blog. There are various uses for Wordle, including visually comparing your blog to a competitor's.

Jessica Malnik is a PR/marketing coordinator, social media specialist, videographer and avid blogger. She writes on her personal blog and contributes to Social Fresh, where a version of this article originally ran.

PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman, MBA, CMC at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, ia a Certified Master Coach and president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

15 essential people-skills for leadership -Strong interpersonal skills are at the core of leadership success.

15 essential people-skills for leadership
Strong interpersonal skills are at the core of leadership success.
By Kate Nasser | Posted: September 16, 2011

REPRINT FROM RAGAN.COM
Non-intuitives and many technical professionals tell me that mastering the not-so-obvious aspects of interpersonal skills is a real head scratcher. Where are the people-skills rules?
Scratch your head no more.

If you have the desire to connect well with others, you can master and use these 15 not-so-obvious people-skills so that everything stacks up. If you’re not sure why it matters, consider that these soft skills impact comprehension, influence, and trust. All of this shapes the results you can achieve with others.

Consider these 15 communication skills:

1. People cannot observe your intentions. Therefore, they infer them from your words and tone of voice. State your intention to minimize confusion.

2. Everything you say impacts others emotionally. Even if you stick to the facts, your message leaves a human mark. Consider a doctor telling a patient, “You have cancer” and then leaving the room. The lack of empathy inflicts added pain.

3. Basic etiquette is a starting point for connection with others. Rules of etiquette are more relaxed today than years ago, yet they are still a powerful base to rely on when meeting new people.

4. Ask people how they feel and/or what they think. Don’t tell them, “I’m sure you feel…” It seems presumptuous and shuts down dialogue.

5. Addressing someone by name (or at least surname or title) eases tension and helps communication. In the South, start with sir/ma’am.

6. A handshake iA handshake is your silent résumé. Make it great. If someone extends their hand to you, give them more than your finger tips. A “finger tip” shake tells the other person no, I don’t like you, I don’t trust you. Shake the hand all the way to the thumb joint, up and down, with eye contact.

7. Words can woo or wound. It’s important to create bonds with your words and tone of voice. Too many people misspeak and create scars instead of rapport. Speak the truth with tact and caring.

8. Sarcasm is often misunderstood. With those you don’t know well, skip the sarcasm. Leave it to the late night comics. With people you know well, don’t direct it at them. It’s often seen as an attack.

9. Good questions unearth possibilities for connection, results, and success. Ask open-ended questions to learn; closed-ended to confirm. People who do well with others ask more open-ended questions and are seen as open and friendly.

10. Use focused words instead of minimizing words. For example, primarily is a focused word whereas just and only are minimizing words. “Are you just concerned about the deadline?” is a question that can minimize someone’s perspective and sound dismissive. “Are you primarily concerned about the deadline?” can fuel a valuable discussion. “What are your primary concerns?” is even better because it is open-ended and allows for true dialogue.

11. Great listening is about balance. Too much silence or too much talking can be annoying. The former is also seen as manipulative; the latter as self-absorbed.

12. Ask permission to give help before offering advice. Unsolicited advice can come across as intrusive and patronizing.

13. If someone thinks you have flattered them with your words or actions, don’t tell them you didn’t mean to! This is not the time to give literal details. It’s the time to simply say you’re welcome.

14. One “I told you so” sticks forever. Even if you don’t use those words, the message becomes your blatant blemish. People will avoid interacting with you to spare themselves the emotional scourge. Celebrate your foresight silently.

15. Authenticity and adaptation are not contradictory behaviors. Today’s trend is to be your authentic self. Sure — as long as you adapt to others when interacting. Being yourself without adapting paints you as a boorish nit and earns you the label of selfish and/or self-absorbed.

What will keep you motivated to use these 15 skills? It’s all about deesire and results. Lack of desire will inhibit your progress.

As I was teaching one day, a technical professional in the room showed resistance. At the break, I asked him privately if he wanted me to explain anything again or differently. He said no, that he understood. He said it’s too much trouble to use the people-skills and suggested people adapt to him! Quite a decision. It will hold him back.

If you are not in a position of leadership yet —strive to be. Improving your interpersonal skills will be essential.

Kate Nasser, The People –Skills Coach, delivers keynotes, workshops, video distance learning, DVDs, and consultations to corporate teams that turn interaction obstacles into business success. Customer service, teamwork, leading change. Republished with permission from the original at http://katenasser.com




PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, MBA is the president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

How to Calculate Overtime for Salaried Employees Who Also Receive Commissions

Franczek Radelet P.C. | Wage & Hour Insights
300 S. Wacker Drive | Suite 3400 | Chicago, IL 60606
312.986.0300 | franczek.com | wagehourinsights.com


How to Calculate Overtime for Salaried Employees Who Also Receive Commissions
By Staci Ketay Rotman on September 15, 2011

Reading about a recent lawsuit filed against Groupon, I was reminded that even the most cutting edge businesses may not understand the nuances associated with calculating overtime and find themselves a target for running afoul of wage and hour laws. My colleague and fellow blogger, Bill Pokorny, wrote a helpful blog entry last week on calculating overtime for salaried employees. I thought it might be useful for our readers if a follow-up entry was posted discussing how to calculate overtime for salaried, non-exempt employees who also receive commissions.

The key in calculating overtime is to determine the regular rate of pay. Generally speaking, adding
commission payments to the mix does not alter this calculation; you still must divide the employee’s total non overtime compensation for the week by the total number of hours worked. As Bill points out in his post, things get trickier when a non-exempt employee is paid a salary. Adding a weekly commission payment does not really affect that calculation too much – the commission is simply added to the salary received for the week.

Here is a sample calculation using Bill’s prior example (and also assuming my math is correct):
1. Chuck is paid a salary of $1,000 per week. The employee handbook states that the normal workweek
consists of 40 hours, thus the base salary is intended to cover 40 hours of straight-time work. In one
week, Chuck works 50 hours – 40 hours of straight time, and 10 hours of overtime. The Company is
also able to determine that Chuck earned $250 in commissions that week. Chuck’s pay would be
calculated as follows:

Regular rate = $1,000 + 250/40 hours = $31.25
Total pay = (Regular salary + commission) + 10 hrs at time and-a-half
Total pay = $1,250 + (10 hrs x 31.25/hr x 1.5) = $1,718.75
2. Now assume that Chuck and the Company have an understanding that the $1,000 is intended to cover
up to 50 hours of work per week. As a result, Chuck would be entitled to the additional overtime
premium for 10 hours at one-half of the regular rate of pay:
Regular rate = $1,000 +250/50 = $25/hr
Total pay = (Regular salary + commission) + 10 hrs at half the regular rate
Total pay = $1,250 + (10 hrs x $25/hr /2) = $1,375

But things get trickier when that employee is paid both a weekly salary and a monthly commission, and the employer is not able to determine exactly what workweek in the month the employee earned a commission.
Here, Chuck earns $1,200 this month in commissions but the Company cannot tie the commissions earned to a specific workweek.
In such a situation, the Company must allocate the commissions equally to each workweek in the period covered by the commission payment.
Therefore, to calculate Chuck’s regular rate of pay under these circumstances, divide the total commission amount ($1,200) by the number of weeks in the pay period (4) to determine the weekly commission earned ($300).

So, here is how you would then calculate Chuck’s overtime using the examples above:
1. Regular rate = $1,000 + 300/40 hours = $32.50 Total pay = (Regular salary + commission) + 10 hrs at time and-a-half Total pay = $1,300 + (10 hrs x 32.50/hr x 1.5) = $1,787.50
2. Regular rate = $1,000 +300/50 = $26/hr Total pay = (Regular salary + commission) + 10 hrs at half the regular rate Total pay = $1,300 + (10 hrs x $26/hr /2) = $1,430

Hopefully, these examples will help guide employers through the perils of calculating overtime owed. As Bill points out, such overtime calculations may be different if the employer uses a fluctuating workweek method for paying employees. This will be addressed in a future post.

Copyright © Franczek Radelet P.C. All Rights Reserved. Disclaimer: Attorney Advertising. This is a publication of Franczek Radelet P.C. This publication is intended for general informational purposes only and should not be construed as legal advice.



PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, MBA is the president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities

NASDAQ's BX Venture Market — A New Listing Option for Smaller Companies

Reed Smith | www.reedsmith.com
NASDAQ's BX Venture Market — A New Listing Option for Smaller (NOT SO SMALL!) Companies
Author: Herbert F. Koslov, Partner, New York
Author: Jason Barr, Associate, New York
Publication Date: September 12, 2011

The NASDAQ OMX Group received approval in May 2011 from the SEC to launch its new listing market, the BX Venture Market. The BX Venture Market is intended to serve as a new listing option for early-stage and smaller companies that do not qualify for listing on national securities exchanges. The objective of the BX Venture Market is to provide a more regulated and more transparent marketplace than those available in the over-the-counter markets.
NASDAQ expects to begin accepting listing applications later in 2011 and to launch the new market in 2012. Companies will be able to list common and preferred stock, ordinary shares and ADRs, trust and limited partnership interests, units, rights and warrants.
Potential companies for listing on this new market include those currently trading on an over-the-counter market (such as the OTC Bulletin Board or the OTC Pink Sheets), companies that have been or will be delisted by another market for failure to meet that market's listing standards, and smaller, less-traded companies seeking to increase liquidity.
The BX Venture Market features less rigorous quantitative listing requirements, but generally similar qualitative listing requirements as those of national securities exchanges.
Qualitative Requirements
Companies must meet the following qualitative listing requirements, among others, related to corporate governance to list on the BX Venture Market:
• The listed security must be registered under Section 12(b) of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and the company must be current in its periodic filings with the SEC
• Listed securities must be eligible for a Direct Registration program operated by a clearing agency registered under Section 17A of the Exchange Act for the prompt, accurate settlement of securities transactions
• The company must hold annual stockholder meetings and must solicit proxies
• The company must obtain stockholder approval for equity compensation arrangements, and the company's independent directors must make or recommend compensation decisions for executive officers
• The company must have a fully independent audit committee comprised of at least three independent directors
• The company must have a code of conduct applicable to all directors, officers, and employees, and all related party transactions must be reviewed by independent directors
Significantly, BX Venture Market-listed companies will not be required to have a majority independent board or an independent nominating committee, and companies will be permitted to phase in compliance with independent director requirements. In addition, BX Venture Market-listed companies are not subject to the "20% Rule," which requires companies to obtain stockholder approval for certain private placement issuances at less than market value.
Reed Smith | www.reedsmith.com
Quantitative Requirements
Companies that list on the BX Venture Market must meet the following financial standards, which are set lower than the requirements of other national securities exchanges:
• Two market makers
• 200,000 publicly held shares
• 200 public stockholders, at least 100 of which must be round-lot holders for initial listing, and 200 public stockholders for continued listing
• A market value of listed securities of at least $2 million for initial listing and $1 million for continued listing
• For initial listing, a minimum initial price of $0.25 per share for securities previously listed on a national securities exchange and $1.00 per share for securities not previously listed on a national securities exchange
• For continued listing, securities will be required to maintain a minimum $0.25 per share bid price; if the security does not maintain a minimum $0.25 per share bid price for 20 consecutive trading days, the company would be subject to delisting
In addition, a company not previously listed must have at least a one-year operating history, and a minimum of either $1 million
in shareholders' equity or $5 million in total assets, and must demonstrate that it has sufficient working capital for its business for at least 12 months after the first day of listing.
Securities listed on the BX Venture Market are considered "penny stocks" and therefore will be subject to the SEC penny stock rules. In addition, unlike securities on other national securities exchanges, it should be noted that securities listed on the BX Venture Market are not exempt from state blue sky rules. Accordingly, such securities must be registered with state rules governing the sale and offering of securities. BX Venture Market-listed companies will be prohibited from representing that they are listed on a NASDAQ market and will be subject to delisting for violating this prohibition.
About Reed Smith
Reed Smith is a global relationship law firm with more than 1,600 lawyers in 23 offices throughout the United States, Europe, Asia and the Middle East.
The information contained herein is intended to be a general guide only and not to be comprehensive, nor to provide legal advice. You should not rely on the information contained herein as if it were legal or other professional advice.
The business carried on from offices in the United States and Germany is carried on by Reed Smith LLP of Delaware, USA; from the other offices is carried on by Reed Smith LLP of England; but in Hong Kong, the business is carried on by Reed Smith Richards Butler. A list of all Partners and employed attorneys as well as their court admissions can be inspected at the website http://www.reedsmith.com/.
© Reed Smith LLP 2011. All rights reserved.

================================================================================
PRESENTED BY: Executive Leadership, LLC SPECIALIZING IN: Human Capital Transition and Executive Coaching - (908) 822-9655 WEBSITE: http://www.exec-leadershipLLC.com
If you are seeking an Executive Coach for yourself or your organization, consider contacting CB Bowman at Executive Leadership, LLC 908.509.1744 cb@exec-leadershipllc.com; http://www.exec-leadershipllc.com.
CB Bowman, MBA is the president, CEO of Executive Leadership, LLC. She is also the Chairperson and Founder for the Association of Corporate Executive Coaches (http://www.acec-website.org).
Among mid to senior level professionals Executive leadership LLC is the go to company for individuals and companies seeking human capital repositioning, development and/or growth through coaching, counseling, and strategic advice.
With her Fortune 500 business background, laser like precision, and a take no prisoners approach she swiftly narrows in on the issue, and unlike others, she presents financially sound, creative and action oriented solutions with infinite possibilities