2. BLYTH IS THE WORLD’S LARGEST
CANDLE COMPANY
A holding company of candle, gift and general
merchandise businesses
A global direct selling leader
A top 100 direct marketing company
The 800 pound gorilla (on a diet) in the premium
wholesale gift and decorative accessories channel
$1 billion+ NYSE:BTH publicly traded company
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3. BLYTH IS A SMALL CORPORATE
ENTITY; THE ACTION IS IN THE
BUSINESS UNITS
Approx. 3,500 employees WW; 2,692 U.S.
Stand-alone business units with full P&L
responsibility
Blyth Corporate is an accounting, reporting, tax,
legal and HR group of ~45
Legal team serves all Blyth companies
Blyth HR responsible for policies, benefits,
compensation and all executive matters
Business units supported by local HR teams
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4. WE RECOGNIZED EARLY ON THAT
2009 WAS GOING TO BE A
DIFFERENT YEAR
New administration with a mandate for change
White House and Congress controlled by same
party
Recent, painful economic news fueled fire for
activism
Credit crisis, increasing unemployment, bailouts
Record high commodity costs
Excessive executive pay
Continued job losses in manufacturing sector
It’s all about the first 100 days
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5. WE ESTABLISHED GUIDING
PRINCIPLES TO APPROACH
UNPRECEDENTED CHANGES
We will not be surprised
Our management teams will not be surprised
We will be proactive in understanding legislative
proposals, their multi-faceted implications and
our options for dealing with them
We will be protagonists in making necessary
changes in our operations
We will take a zero-sum approach to cost
implications
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6. FOR MOST LEGISLATIVE
PROPOSALS, WE FORMED CROSS-
FUNCTIONAL TEAMS
Blyth Corp HR
Legal
Finance
Payroll
Business Unit HR
External Partners: medical broker, medical
carrier, COBRA administrator, outside counsel,
etc.
Excellent opportunity for HR to lead
organization, but reinforce that entire
management team is responsible for compliance
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7. WE CREATED SUMMARY
PRESENTATIONS FOR
HR AND SENIOR MANAGEMENT
TEAMS
Pulled from every resource possible: outside
counsel, SHRM, business groups, media, external
partners
Took the lead in training our division HR
partners
Adapted our presentation for division HR to use
with senior leadership and lower level
management
Educated senior executives
Value in moving early far outweighed the risks of
guessing wrong on some of the outcomes
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8. BEFORE YOU PRESENT TO
SENIOR MANAGEMENT …
Be sure you are speaking the same language … it’s Card
Check, not EFCA
Be able to summarize the issue in only a couple of slides,
them move promptly to implications and action steps
Know your stuff, but make clear that the information you
are sharing is based on what you know today
Articulate (at a high level) accounting implications
Recommend a management team philosophy
Explain next steps, get buy-in
Keep them informed
Don’t think for a minute that any of this has job
preservation implications
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9. WE ARE CURRENTLY DEALING
WITH …
Card Check/Employee Free Choice Act
Paycheck Fairness Act
COBRA provisions within Economic Stimulus
Package
Lilly Ledbetter Fair Pay Act
Healthy Families Act
Working Families Flexibility Act
Make Work Pay Credit
Genetic Information Non-Discrimination Act
Future federal/state initiatives
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10. …USING THE FOLLOWING
TACTICS
Ensuring compliance with new labor legislation
Supporting SHRM and other business organization’s activities to
influence outcome of pending legislation
Monitoring pending legislation to ensure ‘no surprises’ of new
requirements upon passage
Proactively adapting plans to address shortfalls or bridge funding
gaps between current and pending regulations
Briefing our CEO, CFO, OOC and business unit leadership as
needed on current or pending legislation
Leading and championing proactive processes throughout the
company to maintain Blyth’s positive employee relations status
Developing presentations and training materials in cooperation
with Blyth legal to ensure appropriate managerial and
supervisory training on regulatory matters
Updating policies company-wide to ensure compliance with new
legislation
Auditing new company’s employment policies to ensure
compliance with labor regulations 10
11. WHAT ARE OUR IMMEDIATE ACTIONS
AND NEXT STEPS FOR KEY COBRA
PROVISIONS?
Identification of all former employees who are required to receive
the notice
HRMS Report
Will consult with each business unit to ensure we have
captured all appropriate former employees
Follow up step: Await the DOL release of Special Notice in
order to send out Special Election paperwork
Anthem/Conexis heavily involved in process
Copy of Special Notice will be circulated to HR Team when
available
Revise and update COBRA communication materials for
involuntary terminated employees after effective date
Anthem/Conexis updating their materials
Work with business units to ensure their communication
materials include appropriate updates
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12. WHAT ARE OUR IMMEDIATE
ACTIONS?
Coordinate with Anthem/Conexis to revise procedures
for crediting the 65% share of the COBRA premium for
involuntarily terminated employees while applicable
Coordinate with HRMS/Payroll to revise
systems/procedures for obtaining reimbursement of
credits from the federal government
Work with Finance to determine how the new rules
affect claims experience and budget
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13. LEDBETTER ACTION PLAN
Evaluate pay policies and performance management
processes
Ensure well documented process relating to hiring,
promotion and pay decisions
Retention of benchmarking information for new hires
Objective, clear performance appraisals with appropriate
documentation
Consistently applied pay increases based on performance data
Ongoing coaching for our leaders to ensure they are using
performance management and compensation tools
consistently
Revise document retention policy regarding documents
concerning compensation decisions
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14. CARD CHECK/EFCA ACTIONS TO
TAKE
Company executives, managers and supervisors should
have common philosophy towards unionization, and should
be comfortable articulating it
Consider including language in new employee orientation
materials, employee handbooks, workforce training
programs and other communications
Pass language by legal to ensure the language passes NLRB
and applicable state labor laws
Conduct Employee Issue and Satisfaction audits
Analyze information and communicate results and action
items
Review employment policies
Visitors in the workplace, open door policy, alternative dispute
policy, non solicitation policies, ensure everyone is aware and
enforces the policies
Get involved – contact your senators and representatives
using SHRM HR Voice as a conduit
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15. CARD CHECK/EFCA ACTIONS TO
TAKE
Strengthen positive employee relations stance
and educate leaders and employees
Show employees what the union authorization card is,
what it means when it is signed, and provide examples
Let employees know that organizers might approach
them at home, on property, in public places and in the
presence of others employees, pressuring them to sign
the card
Discuss the fact that the union will provide little
information about their track records in other
workplaces, or about their business in general
Educate them so they can ask the right questions before
deciding whether to sign
Let them know they will NOT have a chance to change
their minds later, and the company will not be able to
intervene
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16. HFA ACTIONS WE ARE TAKING
NOW
Review existing sick leave or other paid time off policies to
determine how they align with proposed HFA
requirements
Determine potential cost impact to the business if HFA
passes as proposed
Draft changes that will minimize cost implications to
business
Review recommendations with Legal, Finance, and
technology and determine impact
Review impact and interface between HFA and STD policy
Make any desired adjustments to sick leave or paid time off
policies prior to enactment of the statute
Finalize the updated Policy and be ready to put it in place
if the bill moves closer to signing
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17. RESOURCES
Your businesses
National SHRM legal issues and employment law areas
Workplace law bulletin
HR Voice
Local SHRM
National and local law firms
National print media
American Benefits Counsel (www.appwp.org)
http://www.govtrack.us
http://thomas.loc.gov/
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