Navigating Uncertainty: Risk Management in the C-Suite

Jessica Ollenburg, CMC, CPCM

In the dynamic landscape of business, the role of the C-Suite goes beyond steering the ship; it involves skillfully navigating through risks that can impact the organization’s success. Effective risk management at the executive level is paramount for ensuring sustainable growth and resilience. In this article, we explore strategies and tools that empower the C-Suite in managing risks proactively, while never losing organizational ability to capture positive opportunity.

Understanding the Landscape

In today’s dynamic business landscape, the role of risk management has never been more crucial, especially within the C-Suite. As the driving force behind organizational strategy, executives must adopt robust strategies and tools to effectively manage risks and safeguard their enterprises. Empowered executives will grasp a comprehensive understanding of organizational risks. This involves conducting thorough risk assessments, considering both internal and external factors. By identifying potential threats and opportunities, executives can develop a strategic approach to risk that aligns with the company’s objectives.

Establishing a Risk-Aware and Opportunity-Aware Culture

Executives should promote open communication regarding risks and opportunities at all levels of the organization. As individual humans, most cannot see all facets of organizational risk and opportunity; however, bringing these viewpoints together can close the gaps. Appreciative Inquiry offers us extraordinary opportunity to amplify what is working well rather than to focus on what’s wrong. While we cannot afford to negate problems, we must recognize that humans are naturally inclined to over-attend what’s wrong, thereby mitigating our opportunity to excel. Compartmentalization must be deployed to isolate the negative from the positive, so that we can more easily bring real opportunity to the forefront with lesser strain on people and resources. While quick bursts of adrenaline can empower us for limited time, the relaxed mind is statistically far more powerful to create, invent and problem-solve than the overly stressed mind. Proactive risk mitigation remains popularly considered to be three-times less costly than reactive risk mitigation.

Building and Relying Upon the Right Information

Geopolitical uncertainty and the questionability of external data contribute to landscape “fog.” Deploy internally derived data to the greatest ability and value possible, keeping in mind the cost-benefit analysis of data collection and interpretation. Extrapolation can be deployed where best. Rather than entrusting or ignoring external data, check intuitively opposing sources for external data, and interpret this in consideration of internally-derived data and company-specific trends. This enables timely identification and mitigation of potential issues, creating a more growth-ready and resilient business environment. Leveraging advanced data analytics helps in discerning patterns and trends, providing executives with the necessary foresight to identify emerging risks and opportunities.

Embracing Technology

Technology plays a pivotal role in modern risk management. While the threats of overdependence, misinformation and privacy breach are real, artificial intelligence is thriving as a business resource; leveraged in part to create communications, customer service and cyber security, among other popular uses. As with all tools, the caveats must be understood and addressed at the highest level to ensure alignment and to capture enhanced opportunity.  AI can thrive as a resource where proper human judgment and proper risk mitigation are deployed.  Executives should leverage advanced analytics, artificial intelligence, and data-driven tools to assess and predict risks. Technology platforms should be designed in part by those who truly know the efficiency of tasks. Those who allow their tech teams to run amuck with platform change without true value are threatening their own companies. Platforms must be built with future informational needs in mind, as the creation and coding of fields is critical to the future use of today’s information for tomorrow. The best use of technology provides real-time insights, enabling proactive decision-making, being nimble and reducing response time in the face of emerging threats and opportunities. In communication, technology-enabled practices will consider that younger team members have statistically spent more time communicating through devices rather than the old-school means of negotiating, persuading, managing conflict and leading.

Legal Risk Management and Compliance

Staying on top of regulatory compliance is crucial. Executives must ensure that their organizations not only comply with existing regulations but also anticipate and prepare for regulatory changes. This proactive stance mitigates legal and financial risks associated with non-compliance. Constantly changing laws at local, state and federal levels create a significant burden in research, know-how, due diligence and affirmative defense. The nexus of remote and hybrid workers must be carefully considered with knowledge regarding the true nexus of work, supervision and unique governing laws. As an example of this burden of know-how, my own Inbox folder of government notices regarding lawsuits, fines and changing laws/precedents has increased by 1104 new announcements in only one month’s time, December 2023. Much of the strongest demand for Ollenburg Executive Consulting is immediately in not only the change management know-how through extensive experience and never-ending research of what works and what doesn’t, but also the risk mitigation available through affirmative defense signed off by court-recognized third-party experts. Additionally, our LawfulChecks.com initiative reports significant increases in pre-hire background investigation. While many employers are required to perform such checks where hiring fiduciary, secure access, childcare, healthcare, privacy and/or the many other categories of extraordinarily trusted employees with restricted access; we’re seeing an increase in employers seeking to protect their existing team through more precise evaluation of incoming team without discrimination and without creating risky internal records. Where talent shortage exists, an attractive employer culture includes mitigating risk and maximizing quality of work life for team members.

In Conclusion

Effective risk management involves scenario planning; and by developing and testing various scenarios, executives can identify vulnerabilities and formulate contingency plans. This proactive approach helps organizations adapt swiftly to unforeseen challenges, creating a nimble organization. While being properly risk-reduced is key, we recommend a keen awareness to view opportunity and upside as equally critical to organizational health. A properly aligned organization will often achieve the greatest reputation and workforce strength. Today’s leaders may have a blurry vision of employee motivators due to changing times, yet establishing and honing a well-defined and well-aligned organization can attract and engage the right people to the right seats with the right resources and clarity. Collaboration is key. Executives must work closely with different departments to ensure a holistic approach for optimized opportunity and mitigated risk. By implementing robust strategies and leveraging cutting-edge tools, the C-Suite can lead their organizations to not only survive but thrive in the face of challenges. 

Unlocking Opportunity: Wisconsin’s Occupational Licensing Reform Success Story

Jessica Ollenburg, CMC, CPCM

In the bustling corridors of Wisconsin's State Capitol, the voices of IBAW (Independent Business Association of Wisconsin) members have resonated loudly. Over the past 16 months, I have been honored to represent these astute business leaders on the state legislative bench. Together, we have achieved numerous enhancements for the people of Wisconsin, with more improvements on the horizon, demanding a united push forward.

Occupational Licensing Reform:

The 2022 Legislative Study Committee on Occupational Licensing, appointed by the State of Wisconsin's Joint Legislative Committee, comprised of four elected congresspeople and five select public members, has been pivotal in driving reform. My appointment to this committee by Senator Chris Kapenga and Speaker Robin Vos was a privilege. Our mission was clear: 

“The study committee is directed to review the current occupational licensing system administered by the Department of Safety and Professional Services. The committee shall review prior recommendations made by the department regarding any current laws requiring occupational credentials that may be eliminated without clearly harming or endangering the health, safety, or welfare of the public. The committee shall also review whether it is necessary to implement systems of review both to determine the necessity of legislative proposals for new occupational credentials, and to periodically review the appropriateness of maintaining current occupational credential requirements. Lastly, the committee shall review options to expand access to individuals from other states to receive a reciprocal credential to practice in Wisconsin. Following these reviews, the committee shall recommend legislation on current credentials that may be eliminated, on systems for review of new and existing occupational credentials, and on the issuance of reciprocal credentials.”

Study Committee Members: Senator Stafsholt (Chair), Representative Sortwell (Vice-Chair), Monica Johnson, Stanley Johnson, Representative Moore Omokunde, Jessica Ollenburg, Senator Ringhand, Albert Walker and Ann Zenk.

Addressing the Licensing Backlog:

Pressing concerns that spurred our committee into action included the extensive backlog in processing licenses, affecting more than 200 professions across the state. Despite the Department of Safety and Professional Services (DSPS) claiming a 45-day average turnaround time for licensing, real-world cases painted a different picture, with some applicants waiting over 16 months. This backlog hindered much-needed professionals from contributing to our state's workforce. https://www.cbs58.com/news/licensing-backlog-creating-a-crisis-for-employers-and-those-eager-to-work.  

In response, we embarked on a mission to not only improve the applicant experience through the LicensE platform but also to streamline DSPS operations. Simultaneously, DSPS was requesting funding approval to hire more call center, yet these jobs were unattractive, hard to fill, and not proven as necessity. DSPS could not produce the data we needed to envision the backlog’s cause or remedy, so we really needed to dig in. It was clear that DSPS needed operational improvement and that outdated systems were a significant barrier. We intervened immediately to deliver applicant dashboard improvements to the already emerging LicensE platform, while still in development. We did not find it prudent to deliver taxpayer money to the creation of jobs already sitting open. We did find it prudent to restructure methodology and process, thereby creating higher value for Wisconsin license applicants and all those who benefit from these services. 

Identifying Inefficiencies:

Our committee's investigation unearthed several redundancies and inefficiencies within the licensing process. That these went unaddressed for so long pointed to a need for analysis, if not audit. Coupled with the growing readiness of the LicensE platform, it was clear that change was imminent. Collaborating with professional boards and addressing educational disparities between licensed fields became crucial to attracting talent where it was most needed. Reviewing equity, expediting the process and alleviating burdensome barriers were key.

Bringing the Audit:

In response to DSPS data shortcomings, we focused not only on big picture strategy but also some of the tactics and detailed procedures which were presenting substantial cost without benefit. Consolidation of tasks and elimination of unnecessary work were integral to our recommendations. Building a dashboard of transparency and automated reporting safeguards our future vision and next-level needs. Furthermore, we brought forth new LicenseE fields, calibrations, technology interface and push button feedback. Raw data should include outliers so that big problems can’t be swept under a rug but rather flagged for improvement. We suggest knowing the training lead time for each position and relevant performance standards.  We discovered multiple inequities between licensed fields as to education required, and these, in fact, are making it easier for people to pursue fields in less demand. We need mechanisms to lure talent to careers where critical talent is in shortfall.  According to these findings, a legislative audit of professional licensing processing was proposed.

Mitigating Fear:

Before our committee's formation, certain licenses had been earmarked for potential elimination. However, we wanted to reassure practitioners that our intentions were rooted in facilitating their licensing process, not hindering it. This required diplomatic efforts to alleviate fears and encourage cooperation among stakeholders. Our committee’s mantra became “Let’s help some humans today!”

Political Challenges:

Despite our best efforts, the political landscape posed challenges. The question of whether or not to hear our bills was actually voted “no” by several members of the Joint Legislative Council. The question then arises “Why would our state establish a study committee, incurring significant costs for taxpayers, committee members, legislators and stakeholders… unless there was already an inherent commitment to hear the findings.” With more “yes” votes than “no,” we moved forward.

Scaling and Efficiency:

The concept of "scaling" played a significant role in our efforts. We scrutinized DSPS productivity and discovered that, despite increased staff hours, output did not match expectations. Effective scaling means output should grow in proportion to input, especially at an escalated level of return, a principle we strived to uphold.

Results to Date:

Our Study Committee on Occupational Licenses produced 9 bills for the State of Wisconsin:

·        2023 Senate Bill 189 and 2023 Assembly Bill 200

·        2023 Senate Bill 190 and 2023 Assembly Bill 201

·        2023 Senate Bill 191 and 2023 Assembly Bill 202

·        2023 Senate Bill 192 and 2023 Assembly Bill 203

·        2023 Senate Bill 193 and 2023 Assembly Bill 204

·        2023 Senate Bill 194 and 2023 Assembly Bill 205

·        2023 Senate Bill 195 and 2023 Assembly Bill 206

·        2023 Senate Bill 196 and 2023 Assembly Bill 207

·        2023 Senate Bill 196 and 2023 Assembly Bill 208

On August 4, 2023, Act 33 came to fruition through passage of our Assembly Bill 203, easing the renewal process for all state license holders and empowering those in the renewal process.

Bringing decades of legislative work at federal, state and local levels, I never tire of participating where positive impact is on the table and other statesmen extend gracious courtesy with solid ideas and firm handshakes for greater good. We celebrate the adoption of our technology recommendations, our talent management recommendations, our bills and new laws, and we look forward to more positive outcomes.

Still on the Table:

On September 27, 2023, our Senate Bills 196 and 197 were heard in our State Capitol with no opposing testimony. Interstate compacts for Counseling, Social Work, Speech Language Pathology, Audiology and Physician Assistants were well received to ease licensing and work across state lines for these professions in critical need of people. At this same hearing, we learned that DSPS improvements aren’t coming fast enough, and we need a unified push toward speed and accountability.

Thanks for Your Collaboration!

I extend my heartfelt thanks to IBAW members for their unwavering support and valuable insight. Special thanks are sent to Kyle Koenen and Eric Searing of WILL (Wisconsin Institute for Law & Liberty), as well as, last year’s Public Policy Committee: Steve Kohlmann, Tom Parks, Todd Rakowski, Matt Walker, Thomas (TK) Kingston, Mark Kravchuk and Jim Leef. Together, we have taken significant steps towards improving Wisconsin's occupational licensing system, ultimately benefitting businesses and individuals alike.

Act 33, proposed bills, hearing minutes, testimony, event streaming and public documents are at: https://docs.legis.wisconsin.gov/misc/lc/study/2022/2404 or 2022 Legislative Council Study Committee on Occupational Licenses (wisconsin.gov)

Additionally published by IBAW magazine at Oct 23 (ibaw.com) or https://ibaw.com/resources/Magazine/Oct%2023%20IBAW.pdf

Do Happy Workers Have a True Reason to Excel? Leading Humans in the Best Perspective.

When happy workers become complacent, work suffers. Simultaneously, demotivated workers are a substantial threat to business viability. A blueprint of empowerment exists.

Not long ago, many C-Suite leaders displayed skepticism when advised that ‘happy workers are productive workers.” To a limited extent, this skepticism served them well. As a lifelong cheerleader for each the entrepreneurial business and the individual human spirit, I propose a different lens upon this much needed leadership perspective.

Per definition, motivation is a reason for behavior. The most widely accepted longstanding theories, such as Maslow and ERG, force us to question if “happy” is in fact the absence of motivation. If “happy” equates to Maslow’s self-actualization stage, why would happy workers be motivated to excel? Furthermore, while unique human motivators are absolutely critical to address and serve, is “happy” an effective measurement and business criterion?

Decades of studies have validated the pragmatic human capital approach to talent management, yet certain extremists are still peddling a “puppies and sunshine” approach to business. Since we agree “It’s OK to not be OK,” let’s not establish expectations improbable to maintain. We all deserve better. While “happy” workers are not necessarily a meaningful target, and are certainly not a lawful target, let’s explore a more prudent target with more meaningful label.

Is “Happy” a Meaningful Criteria?

No astute business leader will ignore today’s five to seven-figure risk of incorporating terms like “happy” and “attitude” into performance criteria. Affective mood disorders are specifically protected by the EEOC, especially via the Americans with Disabilities Act and its subsequent amendments. Therefore, evaluating happiness can be discriminatory per both statutory and case law. All performance appraisal toolsets that previously carried this language are no longer safe to deploy and require recrafting. With expert guidance, updated terminology equally protective of workplace outcomes is available. The necessary changes can be simple but important.

Highbrow thinkers often characterize “happy” in the same realm of “utopia,” where “happy” exists as a non-sustainable target rather than a constant state of being. “Happy” takes on many meanings. That being true, optimum productivity exists in the individual who can achieve fleeting happiness in the workplace and finds that work excellence is the path to attainment. That worker, in the proper performance management system, then repeatedly pursues the fleeting sense of “happy” through positive work behaviors, well-aligned with the organization’s goals. This assumes the worker is at socio-economic level beyond basic safety and security needs. An employee whose food and shelter are threatened may throw “happy” out the window quickly for extra money or job security.

Today’s expert business leader recognizes that motivation cannot happen without hope and incentive. Demotivation occurs when employees are not properly rewarded for positive performance. An employee who exceeds expectations may not repeat the excellence if behavioral reinforcement is absent. Rewards, however, must be commensurate with the performance. Both extrinsic and intrinsic rewards collaborate together in a well-aligned system, refraining from impinging upon the other’s efficacy. A bonus for only adequate performance, for example, strips intrinsic motivation and creates a derailing reward system. A bonus for no performance, as today’s government often promotes, most certainly strips motivation and threatens productivity.

A Relaxed Mind is a Productive Mind.

More meaningful than the elusive “happy” is cognitive health. Productivity and creative problem solving are increased when negative noise is averted. The noise of fear, anxiety and negative emotion shut down the capabilities of most, while a few might benefit from a brief adrenaline rush through sympathetic nervous system response before crashing. Where a team member believes he or she can succeed and shall receive betterment as a result, and where the negative noise is quiet, the team member is exponentially more likely to demonstrate positive work behavior.

Quality of work life deliverables which facilitate problem solving are frequently deployed by companies who depend upon invention and creativity. Work campuses and work days designed to unlock mental energy flourish. Wellness is a powerful human asset which translates into positive corporate output.

And the Answer Is…

The discussion of “happy” workers is not only off-the-mark for many business pragmatists but also lacks legal risk management and, quite frankly, lacks tangible meaning. The real discussion is about workplace productivity as defined by motivation, environment and leadership. Again, motivation is a reason, and complacency will not do. Failure to deliver proper incentive will also not do, and the correction can be simplified. We advocate and deliver lifelong learning for leaders, accompanied by proper crafting and delivery of performance management systems. New leaders do not instinctively know how to lead and require solid formal training, often in a kinesthetic learning environment. In any talent-intensive organization, getting the right people doing the right things is the heartbeat of success. Keeping talent management at C-level authority is critical as these solutions start at and must be reinforced by top authorities.

What’s Changed Recently…

I published this original article more than 5 years ago, and since then the discussion of happy workers and the talent gap has exploded and taken on additional nuances. “Quiet quitting” and “quiet firing” are somewhat loud conversations now to which there are legal ramifications unknown to most, for which we share solutions. It has always been true that strong culture, leadership, alignment and operations are key to attracting, retaining and engaging talent. We’ve been soapboxing that for many moons. What’s also in play is the current structure of incentives to work being demolished for some by the incentives to not work.

No employer needs to hire everyone, and nimble remains an exceptional strategy. The key remains to attract, retain and engage the right people in the right roles with the right resources. Those high in achievement need will gravitate toward achievement and the feedback of being on the right path. This lifelong learner attests that work ethic still matters and can be the key to serving family, self and community.

Copyright ©2017, 2022 by Jessica L Ollenburg. All rights reserved. Also published by IBAW at November 22 (ibaw.com)

“What Happens in Vegas…” is No Way to Run a Business

It is arguably more important now than ever before to conduct due diligence employee background checks as risk management. While the Fair Credit Reporting Act has intimidated many, it is designed to guide and protect, not to reduce checks.

Safeguarding the workplace and its stakeholders is a service to all by optimizing employee and customer experience. Trust is critical to culture, engagement and success.

When employees know their bad or good acts won’t follow them, they become de-motivated on the job.  An employer who wants the best of employees knows this and reinforces accountability through both seeking and providing employment references.     

Especially now, we need to protect both our immediate workplaces and our ability to compete globally as a nation.  If we take the approach “What happens in Vegas…” with our employees, there is too little motivation for them to give us their best.   There is too little motivation for their coworkers to pull their weight. Our workers and our workplaces lose. This alone is reason enough to protect workplace success and safety through background checks.

Beyond these keys to success, many employers are legally and/or contractually required to conduct background investigations. While many self-serve databases are available for hire, the key to compliance is in the analysis, filtering and custody of information, whereby only job-related information is delivered to the employer. This filtering serves as expert affirmative defense, safeguarding against perceived or actual discrimination or privacy violation. This expert and custom filtering by third party legal experts, such as Ollenburg LLC, builds trust among employers and employees alike.

Our partners at Ollenburg LLC deliver four decades of high functioning background investigation, expert filtering for lawful job-relatedness, and careful FCRA compliance for employers and employees. In recent months, the popularity of this OLLC service has inspired us to spin it into it’s own brand with fresh logo at LawfulChecks.com.

Laws clearly protect the employer when information is factual, non-subjective, and used in no discriminatory or otherwise unlawful manner. When seeking references, professional third parties can be far more effective, as the employer can trust information will be used within full legal compliance.  Sure, there are questions you shouldn’t ask, but the information gained by asking the questions you can is so valuable, it’s irresponsible not to. 

Employees should work with the incentive to avoid “burning bridges” and leave “on good terms” with hopefully a recommendation.  Employers of choice recognize the value of this investigation and are most likely to speak freely with a trusted expert reference checking source.  

Opportunities to Shine… Leading Through COVID-19 and Beyond

While the regulatory and reactionary environment can certainly bamboozle even the smartest and toughest of leaders, staying calm under pressure is your discipline as a business leader. This is a time to aptly steer your business toward a changed landscape, and this could be your time to really shine as a leader!

• Change is Imminent for Most

• Solutions are Available

• We Already Know a Great Deal

• Now is the Time for Leaders to Shine

• Early-Mover Status Could Pay Off

While often in business, the cost of change – or even researching change - may exceed the benefit; the opposite for many is true right now. Are you taking advantage of opportunities to improve and rethink? Our presentation here delivers a critical checklist of questions and opportunities to be asked and answered uniquely by each distinctive business. These are the footwork to blueprints which can be formulated for competitive edge and best solutions for recovery and/or leading through and beyond the COVID-19 era.

Questions & Opportunities Part 1: Planning

Back to Leadership Basics

• Reconsider all aspects of your business plan.

• Most companies will need to change.

• Cookie-cutter solutions will never deliver competitive edge.

• If you succeeded without the 3-6 month safety net until now, kudos to your risk tolerance and look for ways to further your success in the best direction. Don’t give up.

Customer Demand

• Do you know tomorrow’s customers, their concerns and how to address their needs?

• Are your choices and communications providing assurance to your customers and to your customer deliveries?

• Can you reposition your service or product to address immediate needs of the COVID-19 landscape?

• What about e-Commerce?

Future Vision

• Are you deploying your inventive side to see the future of your business?

• If you can see your company’s future, are you making choices today that successfully move toward and protect that future?

• Op - Ed and slanted media will impact demand unless or until it’s exposed as wrong or obsolete.

• Empower yourself with both what people believe and what you have researched to be true. They may differ.

• Does your revised plan build upon or newly engage the relationships that best serve your future? Can you see where your best help will come from?

• Is your supply chain already disrupted and does it need to change? Will your supply chain impact how tomorrow’s customers and stakeholders perceive your business?

• Are you cutting back too far now to be feasibly responsive to emerging opportunities?

• What have you learned about doing more with less?

• Are you using technology to a better advantage without extracting the judgment needed from key thought leaders?

A Pivot or a Leap?

• Is one foot in place like Shake Shack or are you leaping like Lexus?

• Can you “leap” without brand confusion and/or negative imaging?

• Re-evaluate brand, culture & building trust: have you properly aligned these?

• Will your succession planning change? Will your exit planning change? Will there be a wave of mergers and acquisitions that will result from COVID-19’s impact on business? If you prepare for that now, can you improve upon your options?

The New Flow of Money

• Contrary to the memes, not everyone is losing money.

• Money isn’t disappearing but rather changing hands in new ways. Find your place in the new economy.

• Per Morgan Stanley: $243M of the $349B Paycheck Protection Program Round 1 (nearly 7% of the PPP) went to publicly traded companies. This may create investment opportunities. 74% of PPP loans were under $150K each according to the Small Business Administration.

• If you’re aiming for loan forgiveness, what is your contingency plan if the loan is not forgiven? What can you newly accomplish if the loan is forgiven? Are you still in the hunt for money?

• As we tee up for Round 2 of CARES Act PPP and EIBL, are you watching and/or jumping in?

Questions & Opportunities Part 2: The Rollout

Nimbleness & Scenario Planning

• There’s much we don’t know yet, but we know enough to be scenario planning. If A, then B. If C, then D, etc. Criteria, measurements and vision facilitate quick action and the confidence of others.

• Decision Tools: Do your data scientists know the benchmarks, range of possibilities and what success looks like? Have you provided them enough latitude?

• Are you delegating too much that requires executive judgment and/or creates high jeopardy of bad choices? Are you micro-managing your team where they don’t need your judgment?

People & Psychology

• Anxiety, Depression & PTSD: Panic is here, and so are triggers. Deploy crisis management, fear diffusion and palatable answers as assurances. Set up wellness resources.

• Target characteristics for new or returning employees: Is your new business plan best served by the same employees, and will they want to return?

• Motivation methodology: Understanding Maslow, ERG et al, are you properly leveraging what will motivate your next-phase employees? Will your workers win in your new plan?

• Remote work transitions: Is your transition to remote work working or does it need adjustment? Have you properly crafted your remote work policies? Are you isolating people who need more in-person teamwork? How will this change your keys to success?

• Listen, observe and encourage new opportunities for thought incubation and leadership. Six Hats, Appreciative Inquiry and constructive brainstorming are 3 tools we bring to change management.

Managing Risks, Liabilities & Compliance

• Know, communicate and consistently apply the Families First Coronavirus Response Act (FFCRA) and potential amendments.

• Minimize risks and perceived risks of contracting COVID-19 on “your watch” via screening for contagion, sanitizing and distancing, observing government directives as reasonable care, requiring PPE (within ADA/EEOC compliance), eliminating unnecessary travel and, of course, heightened care for the vulnerable population. Share your message and make your efforts visible and consistent.

• Comply with ADA, EEOC, HIPAA, OSHA and more without failure. Follow CDC rules for protection and diagnosis. Keep health information under medical privacy officer custody, shared only “need to know.” Now may be a good time to ramp up your medical officer’s training. Consistency is a strong protector against discrimination complaint.

• Template and “cookie cutter” handbooks likely need revision. Employee handbooks which are not updated and not customized to fit are jeopardizing fiscal prudence and hassle-free enforcement.

• Comply with changing compensation and benefits rules, including but not limited to EFMLA, EPSL, changing employee classifications/eligibility, payroll system calculations, time tracking for remote workers, medical certification definitions and enforcement.

• Remember that legal risks and laws shall be shaped by emerging court cases and statutory/regulatory changes. Confer with legal experts who can also be your affirmative defense expert witness.

Ollenburg LLC clients tell us our unique value is found in our ability to deliver affirmative defense, interpret statutory gaps, incorporate big-picture thinking and offer wide perspective of tactical experience during this time of rapid change. We suggest partnering with external subject matter experts for best planning, confidence and outcomes. Our perspective at Ollenburg LLC is everchanging with new findings, responses, regulatory changes and risks/opportunities. Daily extensive research is combined with decades of successful entrepreneurial experience. Thus far, we’ve been able to facilitate crisis management, business transformation, risk avoidance, bootstrap finance plays, key tactics and forecasting. We are uniquely able to provide court-approved affirmative defense to reasonable care, safeguarding our employer clients from noncompliance fines or lawsuits. We’re easing the burden of many, creating peace of mind and minimizing risk for today’s top employers, and this essay is a playbook for thought leadership at the highest executive level.