Brienne Maner, executive director of Startup Sioux Falls, joins us for Talent Thursday on February 10, 2022. She shares the latest insights from Startup Sioux Falls as well as her career journey from her first years in Minneapolis to how she found her way back to her roots in Sioux Falls.
He’s from Kansas; she’s from Indiana.
They met in Dallas, Texas.
And as of the past few weeks, Sioux Falls has now become home.
“It really is a community,” Preston Schraeder said. “We felt that even when we were visiting.”
Preston and his wife, Sherree, discovered Sioux Falls through their friends Tyson and Nikki Ellenbecker.
“Tyson was one of my roommates in dental school at Creighton,” Preston said. “And his family is based in South Dakota, and his uncle has been an owner in Southwestern Dental for about 20 years. Tyson had always said such great things about Sioux Falls, and then it became less joking about it and more thinking it was an option to move here.”
Preston and Sherree Schraeder, and Nikki and Tyson Ellenbecker
As someone without a family history in dentistry, Preston had to grow his own practice. He followed college friends to Dallas, where he met Sherree, who works in medical equipment and supply distribution.
“I went to the University of Texas in Austin for college and didn’t want to leave after graduation,” she said. “I just loved it so much, the weather was great, and I had a job lined up after school, which took me to Dallas where I met Preston.”
But after several years, they determined the Dallas area wasn’t where they saw their future.
“We felt maybe there were better opportunities, specifically for Preston, outside of Dallas,” Sherree said. “There were things that maybe weren’t ideal long term as a place to plant our roots.”
Still, “for us to finally come to the decision that Sioux Falls was a good place for us took a journey,” she continued.
They visited with their good friends several times and got to know the Ellenbeckers’ friends.
“With all the couples we’re friends with, usually one person in the marriage is from here or went to college here and they’re moving back,” Sherree said.
“A lot of them are between 30 and 40 and starting families, and they’ve come back here for a reason, and they like it, and we like these people. So I feel like we’re making a good decision. We’re moving where we have friends, and they’ve created a small community around them, and all those people have been very welcoming and excited we’re moving here.”
The move solidified when Preston unexpectedly had the opportunity to purchase Riverview Dental, where he’s now seeing patients at 2425 W. 57th St.
“My goal is to have a very traditional family practice,” he said. “It has a great patient base already, and we were very lucky to retain almost every staff member. I walked in, and it was perfect, it was what I wanted to create, so it’s nice to not have to go through the growing pains because it’s here and ready to go.”
As a medical hub, Sioux Falls becomes a natural fit for a wide variety of professionals, said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation.
“No matter what your career stage or specialty, you’re going to find a fit here,” she said.
“And for someone like Preston in dentistry, when you consider our growing population, the demand is going to be there. And for Sherree, whether she chooses to work remotely or locally, her skills are going to be in demand whenever she might want to consider her opportunities.”
Sherree is still in the process of moving from Dallas and said her early impressions about life in Sioux Falls are positive.
“I was surprised by how many restaurants and boutiques are downtown,” she said.
“I feel like every time we drive through, no matter what the temperature, people are outside walking around. And I don’t think COVID has caused any places to shut down. It seems like it’s alive and well, and that’s really nice to see. It’s a little smaller than Dallas, but I think there’s a lot here and everyone really loves living here.”
Preston agrees.
“It’s amazing how courteous and kind people are,” he said. “Texas is great and has Southern appeal, but it’s also a big city, and people are moving in from everywhere, and sometimes you get a little lost. It’s crazy traffic. You don’t feel that here. But at the same time, we go downtown and there are great restaurants, and it really does provide.”
For now, they’re glad to have found an apartment and are house hunting in south Sioux Falls. Sherree anticipates it won’t be long before their two dogs are making themselves at home on the city recreation trail.
“We lived near a walking path in Dallas and used it all the time, so I anticipate they’ll be running around Sioux Falls in no time,” she said. “We’ve been given really great recommendations. Everyone’s suggestions have been so helpful, so it makes us feel right at home.”
The Sioux Falls Development Foundation is proud to announce they’ve been awarded a $100,000 workforce recruitment grant from the Governor’s Office of Economic Development.
“It’s no secret that workforce is the biggest challenge for businesses right now,” said Bob Mundt, President and CEO of the Sioux Falls Development Foundation. “As the leading organization dedicated to improving the economy of Sioux Falls, we’ve been proud to offer innovative workforce programs, but this grant funding gives us the opportunity to do even more, and that’s something we’re really excited about.”
In August, the Governor’s Office of Economic Development (GOED) announced a workforce recruitment program to inform out-of-state job seekers that South Dakota businesses are hiring. Communities throughout South Dakota were invited to apply for funding, which was distributed based on the partnership commitment and the quality of jobs available. The initiative is a co-op matching grant, meaning the funds distributed by the state must also be matched by the receiving economic development organization.
The initiative has two components: marketing funding and workforce incentive funding. The marketing dollars will be spent on digital ads to recruit people to join the Sioux Falls workforce.
The Sioux Falls Development Foundation plans to use the workforce incentive dollars to build an upskilling program in partnership with Southeast Technical College. The two organizations will work together to identify critical-need areas in which existing members of the workforce could be trained – also known as ‘upskilling’ – to perform higher-paying, higher skill level jobs. These areas could include: healthcare, building trades, cybertechnology, and biotech.
“Southeast Technical College is excited to partner with the Sioux Falls Development Foundation to continue to fill the workforce needs of our region,” said Robert Griggs, President of Southeast Technical College. “Our organizations have a long history of working together, and we are thrilled about developing another avenue to help fill the gap in the workforce pipeline.”
The grant also requires that businesses participating in the workforce upskilling program also provide matching funds. This allows businesses to receive upskilling for their employee(s) at a fraction of what the cost would be under normal circumstances.
The Sioux Falls Development Foundation anticipates launching their marketing campaign and workforce upskilling incentive program in March 2022.
What’s one of the best ways your business can attract and retain desirable employees? Internships!
Providing a great internship experience can help you add the right people and skills to your talent pipeline. This webinar provides tips and best practices for hosting an internship that’s successful for both your company and your intern(s).
At the end of the presentation is a moderated panel discussion featuring Dr. Venky Venkatachalam, Dean and Professor in the University of South Dakota Beacom School of Business, Teagen Molden of Marsh McLennan Agency – Sioux Falls, and Jodi Schwan, founder and publisher of Sioux Falls.Business.
Vice President of Talent and Workforce Development, Sioux Falls Development Foundation
Learn how to increase your team’s production and ROI while offering valuable internship experiences at an upcoming workforce development event.
Coordinated by the Sioux Falls Development Foundation, this panel discussion Feb. 3 will be held from 3 to 4:30 p.m. at the Commerce Center, 200 N. Phillips Ave.
Networking will begin at 3 p.m. in the Sioux Falls Development Foundation’s Briefing Center located on the first floor of the Commerce Center. Employers will have the opportunity to meet students from Augustana University, the University of Sioux Falls and South Dakota State University.
The presentation will begin at 3:50 p.m. in the Betty J. Ordal Conference Center on the second floor of the Commerce Center.
“This is a full-circle opportunity for employers,” said Denise Guzzetta, vice president of talent and workforce development. “Not only will you walk away with new and inspiring ideas for your internship program, but you’ll have a chance to meet one-on-one with students who could become those future interns or new hires.”
Speakers on the panel will include Teagen Molden, a USF graduate who became connected to her employer, Marsh McLennan Agency, through an internship and has taken on numerous full-time roles since graduation, and Venky Venkatachalam, dean at the USD Beacom School of Business, who has worked with multiple Sioux Falls businesses as well as the Development Foundation to create ongoing work experience opportunities for students.
“If you want to learn about best practices and new ways to think about internships, these are the people to learn from,” Guzzetta said. “Start thinking now to be ready for the interns who will be ready to contribute in a big way to your business this summer or even sooner.”
This was the deal: Move his family to Sioux Falls, open a couple of cookie shops and move on in a few years.
Colby Wilson and his wife, Janessa, had never been to the city before when the topic came up last winter. He was a project manager for a health system in Idaho; she was moving toward nursing school.
But when his childhood friend Brock Stokes approached him about helping expand Crumb Cookies to Sioux Falls, he was ready to listen.
“I had been in college at Utah State where Sawyer Helmsley started Crumbl in 2017, and I knew him from playing baseball growing up, so I had kept my eye on Crumbl, and I knew they had something going, and I wanted to be a part of it,” Wilson said.
“Brock told me he had just franchised some locations in Sioux Falls and was looking for someone to manage them, so after talking about what Sioux Falls had to offer, it got us really excited, and my wife and I decided to pursue the opportunity.”
They visited for the first time in early May before making a final decision.
“We wanted to be in the community and go to church and see what it would be like to live here, and we absolutely loved it,” he said. “It was a lot of fun on Phillips Avenue, and we had an opportunity to attend a local church and got to know some folks who were super friendly. Good food, good people, we couldn’t stay away.”
They moved in July and opened Crumbl Cookies at the end of the month to record crowds.
“As soon as the store opened, this community was so fantastic,” Wilson said. “Let’s just say Sioux Falls loves our cookies. It was absolutely insane.”
And the Wilsons soon realized they loved Sioux Falls enough to buy a house right away. They’ve moved into a west-side neighborhood near Roosevelt High School and have connected to the community in a big way.
“We’ve got season passes to the zoo and spent a ton of time there, the Pavilion, Butterfly House & Aquarium. We have a membership at Sanford Wellness, so we spend a lot of time at the pool,” he said. “I’ve started to do a little cycling – I’ve been a runner in the past – and there’s a fantastic trail system, and we love dogs. The dog parks here are absolutely fantastic. And we have two small children, so it’s been fun having access to so many parks.”
They’ve also established a tradition of Sunday breakfast at the Phillips Avenue Diner, explored SculptureWalk and toured holiday lights.
“It’s been tough being away from family, but so quickly we’ve gotten friends and people we consider family,” Wilson said.
The family’s experience is one shared by many others, said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation.
“We hear this continually – once families discover Sioux Falls, they become connected to this community easily and in many ways,” she said.
“In Colby’s case, it’s especially fun to see he moved for a role in the retail industry and is experiencing such a good fit. We have so many outstanding retail opportunities, whether you’re looking to be an owner/manager or grow your career on the culinary or customer service side. You don’t hear as much about people relocating for these roles, so Colby is an example of why it’s absolutely something for retail professionals to consider.”
It has been so busy at Crumbl, Janessa has been helping out there while still exploring options for nursing programs.
“She wants to pursue an advanced nursing degree, and there are tons of options,” Wilson said. “Pick a university, and they’ve got a good program. It’s just tailoring to our schedule and how quickly she wants to go through a program.”
The coming year will bring new developments on the cookie front, too, as the Wilsons are helping open the city’s second store at Dawley Farm Village later in the year.
And as for the original agreement – spending two or three years in Sioux Falls – that could be changing too.
“We truly are enjoying it so much that my wife is starting to talk about five- and 10-year plans and committing to this community,” Wilson said. “We’re all-in on Sioux Falls. We’ve dug ourselves into the community as quickly as possible. We love it.”
Talent Thursday with the Sioux Falls Development Foundation is live streamed every Thursday on Facebook at 3 p.m CST. During this 30-minute program, Jesse Deffenbaugh, operations manager for Deffenbaugh Homes, shares about the current homebuilding landscape in Sioux Falls, as well as an inside look at all that a career in homebuilding can offer.
Graphic artist Clara Meath grew up in Washington, D.C., went to college in Georgia and spent some of the first years of her professional career in Atlanta and the Twin Cities.
Two years ago — well after building a national reputation and a following large enough to fund her comic book projects without a publisher — Meath chose Sioux Falls as her home base.
Why?
“It was the best move for my career at this point,” Meath said.
That may seem surprising, but it perhaps shouldn’t be.
The cost of living is lower in Sioux Falls, for one thing. And Meath can work from anywhere. Her social media fan base — more than 43,000 on Instagram — can explore the worlds she creates regardless of where she builds them.
But perhaps most importantly, Meath said, “they love me here.”
“I mean, shouldn’t that be enough?” she said. “That’s what mutual attraction is all about, right?”
Like any healthy relationship, Meath’s affection for the city has grown with time through shared experiences. She visited on multiple occasions for events like Siouxpercon or smaller gatherings at shops like Rainbow Comics over the years. She had spent a short stint in town already, rooming with one of her sisters before bouncing back to Minnesota.
The 32-year-old has made plenty of connections with fans and other aspiring artists in a city she describes as friendly, genuine and supportive. Siouxpercon is her favorite event, in part because so many of those fans make it a point to find her and say hello.
“Every city has its own personality, right?” she said. “Here, you do have that Midwestern nice thing. People want to engage, and there’s not that impulse to be competitive and cut people down.”
Sioux Falls is also a place where she can be a “big fish in a small pond” and embrace the role of mentor and guide to aspiring artists, both online and in person at events.
Fans can learn a lot about how comics are made from Meath’s Instagram feed. For her current project, “mother 47,” Meath posts her progress on the platform with the hashtag #whoismother47, which acts as a window into her day-to-day work life.
The hashtag’s followers can watch the project take shape in near real time. Meath might post the rough sketches with the shapes of her characters’ heads in one photo and then the finished product in the next panel. Some posts pan between her computer screen and her numbered notes; others are time-lapse videos that show her artist’s hand at work.
It’s an understandable commitment to her fan base, given how important Instagram has been to her recent projects. She’ll pitch them to followers and then direct them to Kickstarter campaigns. The “mother 47” project has raised more than $11,000 in advance funding, for example. Her “Sketchbook” series and her adaptation of Edgar Allan Poe’s “The Conqueror Worm” also were financed by fans.
Her creative success while based in Sioux Falls shows how the city has evolved as a place to work, said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation.
“Clara’s success on social media and through crowdfunding really highlights how entrepreneurs and artists can increasingly grow their business from anywhere,” she said. “What also matters, though, is what kind of community you’re experiencing when you’re not online. And increasingly, we are finding artists and other creative entrepreneurs are finding people they can connect with and who will support them in Sioux Falls.”
Add in the state’s favorable business conditions and the city’s emphasis on quality of life, and it’s a powerful combination, Guzzetta said.
“A self-employed graphic artist enjoys a favorable tax structure here just like a larger corporation,” she said. “And there are increasing ways to collaborate with other like-minded people, whether it’s within a small business or event, at Startup Sioux Falls or by participating in the growing number of calls for art within the community.”
Meath would not necessarily suggest using an Instagram business model to all artists. It’s just the platform that has worked best for her. She doesn’t spend much time on Facebook nor does she intend to join TikTok. She has a video podcast on YouTube with mentor and collaborator Zach Howard, for example, who has cultivated his fan base on other platforms.
“You have to find what works for you,” Meath said. “Zach has a lot more success on Facebook, which is probably just a demographics thing.”
It’s also not especially surprising that Meath feels compelled to offer guidance to others. She grew up with four sisters in a home-schooled household, where she was taught by her mother, a dancer, and supported by her father, an independent publisher.
Her family and her teachers at the collegiate level offered support during rough patches. Before graduating as valedictorian of the Savannah College of Art and Design’s sequential art program — “sequential art” is an umbrella term for panel-by-panel narrative art forms like comic books and graphic novels — Meath hit a low point, during which she wasn’t sure if she’d finish. Her professors and advisers pushed her to stay on, a “humbling and empowering” experience that still resonates with emotion when she retells the story nearly a decade later.
Showing both the process and the finished product is more than marketing, Meath said.
“I’d definitely say helping newer artists learn is one of my goals, having people who know even a little more than you come alongside you when you’re just getting started is so, so important, so I suspect I feel an obligation,” she said, adding that her best advice for artists is to “know who you are, know your strengths and weaknesses, and lean into both.”
As far as her storytelling goals, that’s a little simpler. As complex, detailed and full as her panels and plotlines may be, the endpoint is always the same: empathy and “the maximization of experience.”
“I want to allow people to mentally experience things they’d never be able to otherwise,” she said.
Meath said she’s glad she has landed in a community that supports those endeavors and one that has grown more supportive of the arts in general.
The slow, peaceful pace doesn’t hurt, either.
“I grew up in D.C., so this place is Candyland.”
Eleven Sioux Falls businesses and organizations have spent this fall hosting interns from the USD Beacom School of Business.
They’re part of the BEST Sioux Falls program, which launched this year and was developed in partnership with the city of Sioux Falls, Sioux Falls Development Foundation and Greater Sioux Falls Chamber of Commerce.
“They’re so talented. All of these kids are studying finance, accounting, marketing and data science, which is exactly a skill set that we need inside our business community today and also in the future,” said Denise Guzzetta, vice president of talent and workforce development for the Sioux Falls Development Foundation. “So we want to do everything we can to keep these kids here. We’ve worked very diligently with the businesses to make sure that we have really great projects for them to work on.”
Here’s a look at what the program is achieving:
Talent Draft Day is a one-day program for middle schoolers, high schoolers, and college students dedicated to career awareness, employer networking, and professional development. The goal of the event is part of our broader workforce development strategy and aims to connect students to career opportunities available in Sioux Falls. Areas of focus include health and biosciences, engineering, general business, industrial trades, and media arts.
Watch this recap to learn more about Talent Draft Day 2021.
VP of Talent and Workforce Development
The 2021 WIN in Workforce Summit brought together business owners, HR professionals, and educators to hear the latest tips and tricks for how to retain their best employees, attract new ones, and create workplaces that people are proud to be a part of. Get a recap of the event here.
What does the workforce of the future look like? It depends on where you’re viewing it.
For Matt Paulson, founder and CEO of the state’s largest digital media company MarketBeat, “the future is hybrid,” he said.
“People want flexibility, but they also want to be in an office. And I’m seeing people move to different jobs for more flexibility. I think that’s a trend. They’re less interested in jobs where you’re working a ton of hours with no flexibility.”
For Lucas Fiegen, vice president of Fiegen Construction, “I think the biggest thing is you have to be creative,” he said. “We saw an opportunity to expand the industry and help workforce, and it was saying yes to those things and thinking through how to do it strategically.”
Those two, plus dozens of other local experts, will share their insight at the upcoming WIN in Workforce Summit on Oct. 28 at the Sioux Falls Convention Center. The annual event, produced by the Sioux Falls Development Foundation, will feature keynote speaker Chad Greenway and multiple sessions revolving around topics such as Your Workforce in 2030, 4 Tools for Retaining High-Functioning Teams, Talent Tips That Work and Future Labor Skills – Employment Prospectus 2030.
“We have an incredible lineup of presenters that ensures you’re going to leave this event with actionable takeaways you can immediately apply in your workplace,” said Denise Guzzetta, vice president of talent and workforce development.
“Whether you’re trying to understand Generation Z, hoping to improve your recruitment and retention or looking to learn some best practices, this event is going to deliver for you.”
For Paulson, who will speak on the 2030 workforce, the pandemic has represented “a 10-year leap forward” in terms of how, when and where people work.
In his own downtown office, “nobody’s there the entire day,” he said. “I get a sense of productivity by how long projects remain on their plate. We’ve done a great job attracting people by saying we’re not X big employer. We get applicants looking for something different, so that’s been an advantage.”
He also sees more people trying out being their own boss.
“People sometimes see the good parts of entrepreneurship and don’t realize you have to work 60 hours a week for a long time or more,” he said. “But the equation in people’s heads is changing too. It’s not about maximum cash and who cares how much I work. It’s more of a ‘how can I fit my job around my lifestyle’ and not my lifestyle around my job.”
Fiegen will speak at the summit about how his family business has seen success increasing interest in the trades through a unique partnership with O’Gorman High School to support the school’s industrial arts program.
“Year one they were building sawhorses and sheds, and now we’re starting to get other trades involved, so this year they were pouring and finishing concrete, and next semester we’re going to have some masons come out and show them how to lay a block foundation,” Fiegen said.
“We’re trying to figure out as the program evolves how they can have hands-on experience in a multitude of industries.”
It has expanded to add CAD technology and 3D-printing programs and has attracted more students than anticipated.
“My uncle Rusty goes in once or twice a semester and talks about next steps and where kids can go, including tech school, and the different opportunities they have,” Fiegen said.
His company also is working with new employees aspiring to management positions to start them in the field, including mentoring and shadowing.
“We want them to get in-the-field experience and then transition them into a construction management role.”
If these topics sound like ones you should explore further, click here to register for the WIN in Workforce Summit.
“These ideas and experts are just the start of what you’ll learn,” Guzzetta said. “We look forward to connecting with you and your team.”
Just when you thought you’d figured out your millennial workforce — here comes the next generation.
By 2030, the number of Generation Z employees in the U.S. workforce will triple, bringing with them a burst of creative and digital-friendly skills essential to the U.S. remaining competitive globally.
Already termed “influencers” and “digital creators,” Gen Z’s hypercognitive and socially driven communication styles and workplace preferences undoubtedly will have a positive impact.
This incoming generation will be one subject covered in the upcoming WIN in Workforce Summit on Oct. 28, headlined by Chad Greenway.
To learn more and register, click here.
From best practices on enhancing communication and engagement tips to competitive incentives, this strategic learning session will provide the tools your organization needs now to prepare for the newest generation of talent, including:
Nathan LaCroix, talent acquisition sourcer for Avera Health, will participate in the discussion “Workforce Guide for Generation Z.”
The panel will be moderated by Greta Stewart of the Governor’s Office of Economic Development and also includes Breanne Lynch from the Harrisburg School District and Josh Muckenhirn of ISG.
We sat down with LaCroix for a preview of the conversation.
First, how do you define Generation Z? Is it by birth year, life experience? And what are their key characteristics?
I would define Generation Z as the cohort following millennials, born between late 1990s and early 2010s. Generation Z is the largest generation in American history and constitutes 27 percent of the country’s population.
This the most diverse generation by far, considered digital natives since they grew up with internet and during the rise of smartphones. They tend to be independent, hardworking, highly educated, higher demand for flexibility.
As you recruit members of Gen Z, what stands out? How are you adjusting your approach for them?
It’s important to customize the different recruitment tactics. Focusing on more social media efforts, possibly collaborating with influencers, improving the organization’s perception within the age group. We highlight our value proposition and the value the particular position brings to the organization. This helps them understand the importance of the role and the change to make a meaningful impact. Going beyond status quo is important.
How about a little Generation 101. How do you find Gen Z differs from millennials?
Gen Z are defined by their competitiveness, independence and wanting to be judged by their own merits. They are skilled at multitasking as they have always lived in the connected world.
What should organizations know about creating an optimal work environment that both attracts and retains Gen Z?
It’s important that organizations are offering flexibility, coaching opportunities from peers, providing meaningful work, work/life balance, clear development opportunities and social awareness — because they are digital natives.
What do you hope WIN attendees take away from this conversation?
Just how influential Gen Z is and how much of a positive impact organizations can realize when having them join the workforce. We can evolve with Gen Z and provide best practices to help retain and recruit top talent.
Great things are ahead, and I, for one, am excited to work with the next generation.
Click here to learn more and register for the WIN in Workforce Summit.
From striking the right balance between personal freedoms and workplace harmony to issues involving pay equity, employers have mounting issues to navigate in addition to workforce challenges.
Those topics that are considered workforce legislative issues will be the subject of a session at the upcoming WIN in Workforce Summit organized by the Sioux Falls Development Foundation on Oct. 28, headlined by Chad Greenway.
Justin Smith, a shareholder of Woods, Fuller, Shultz & Smith PC, will be among the speakers.
Moderated by Sandra Wallace of First Premier Bank, the panel also includes Debra Owen of the Greater Sioux Falls Chamber of Commerce and Marcella Prokop of Southeast Tech.
We sat down with Smith for a preview of the conversation.
This is a full topic, so let’s tackle each area first. What issues have surfaced in the workplace around civility, and what should employers and lawmakers be aware of?
In the last few decades, employers have become increasingly focused on fostering positive, collaborative workplaces. Workplaces are more productive and morale is higher among employees where civility is a priority. On the whole, workplace “civility” is not something lawmakers should have to address through statute, although some laws have been enacted in this area. In 2014, for example, Tennessee became the first state to pass a “Healthy Workplace Act,” which encourages anti-bullying and respectful workplace policies. Courts will not generally punish workplace harassment unless it implicates some “protected characteristic” under the law – i.e., sex, race, age, religion, national origin, disability or some other protected class.
Many of us would probably approach the concept of “civility” by citing the Golden Rule – treat others as you want to be treated. Much of the concept of “civility” can be addressed through proactive employer policies. Employer and workplace policies have been drafted for decades to include requirements for respectful interaction with co-workers and customers. More recently, employers have begun to draft policies to include guidelines on inclusiveness, viewpoint tolerance and anti-bullying. When formulating such policies, it is advisable to seek counsel from your employment law attorney.
How have freedom of speech issues been evolving in the workplace? What are the emerging themes there?
In general, the First Amendment prohibits the federal government from enacting laws that would restrict an individual’s right to say or express themselves how they choose. While the protections for freedom of speech have been expanded over time, the First Amendment has limited application in private workplaces. Even if your employer is a government entity, your speech is typically only protected if it involves an area of public concern. In South Dakota, most private employment is “at will,” meaning an employer can terminate an employee at any time, for any reason, without incurring legal liability. Even so, employer decisions motivated by employee speech can create legal liability. This is particularly true where the speech at issue could qualify as “concerted activity” or where an employer policy on employee speech only affects a certain, protected class of people.
Some states have expanded the protections afforded to freedom of speech in private workplaces, including prohibiting employers from influencing employees’ votes and prohibiting discrimination based on political affiliation of employees. Such issues in South Dakota are typically addressed through employee policies adopted by private employers. These types of policies must strike a delicate balance. On the one hand, employees can be allowed some freedom to discuss political, social and related topics with co-workers. On the other hand, employers must be careful to prevent freedom of speech from infringing on workplace productivity and civility. For these reasons, private employers should consult with human resources and legal experts when crafting such policies.
Equal pay has been an issue for decades, but what elements of it are top of mind or should be today?
This topic is mostly outside my wheelhouse as an attorney, although I have seen legislation introduced in Pierre during my lobbying practice. In 1963, Congress enacted the Equal Pay Act, making it illegal for employers to pay women lower wages than men for equal work on jobs requiring the same skill, effort and responsibility. Many South Dakotans do not realize that we have also had pertinent law on our books for over 50 years. State statute prohibits an employer from discriminating between employees on the basis of sex by paying a lower wage for comparable work. Violations of the statute can be grounds for affected employees to sue their employer to recover unpaid wages and attorneys’ fees. The statutes further protect employees from retaliatory action in response to reports or lawsuits. Apart from these types of laws, much of the issue of equal pay is left to the free market.
What should organizations know more broadly about themes you’re seeing in the legal world that could directly impact their ability to recruit and retain?
Starting with recruitment, the legal issues implicated with job postings, candidate research, interviews and job offers continue to keep HR staff busy. However, the rise of remote work and virtual conferencing has led to some legal nuances with workforce recruitment. When hiring remotely or for a remote position, HR staff must first identify the best way to advertise for candidates. Availability of technology can lead to disparate impact among prospective employees. There is also the security side of virtual recruitment, including the risks to confidential information and potential that interviews will be recorded. On the practical side, employers and HR staff must wrestle with the implications of never interacting with candidates face to face before — or even after — hiring.
Switching gears to employee retention, the current job market often gives employees more leverage in the areas of wages, benefits and workplace conditions. Where practicable, an increasing number of employees are pushing for the ability to work remotely. Employers and HR staff must balance employee requests against the realities of the employer’s industry and structure. From a legal standpoint, employers should consult with HR and legal professionals to consider the impact of giving new employees wages and other benefits comparable to existing personnel. Remote work will again raise security, confidentiality and related concerns for willing employers.
What do you hope WIN attendees take away from this conversation?
The more things change, the more they stay the same. The COVID pandemic has certainly highlighted issues like workplace civility, freedom of speech and equal pay. However, even before the pandemic, topics like these were on the minds of employers, employees and lawmakers. As always, it is the proactive businesses that will set the trends on how these issues are addressed. The WIN attendees are demonstrating their commitment to engaging with these and other important topics for the benefit of our local workforce and business community. I am grateful for the invitation to join the WIN conference and speak to these developing topics.
Click here to learn more and register for the WIN in Workforce Summit.
For Talent Thursday on October 14, 2021, we visited with Andrea Carstensen, Business Development Officer at Minnwest Bank. She shares her career journey and why she’s planting her roots in Sioux Falls!
