Executive Pulse Survey Report – Executive Summary

The 2018 Cornwell Jackson Executive Pulse Survey reveals a highly optimistic group of business owners and executives who are confident in their business strategies while being concerned about internal culture and leadership transitions. Across six major industry segments, leaders believe the U.S. economy is better than 12 months ago while the Texas and Dallas Fort Worth economies are holding steady. To improve business opportunities, respondents cite available skilled labor, technology incentives and next generation business leaders at the top of their wish lists.

To attract and retain talent, companies and organizations are providing traditional benefits like health insurance, retirement funding and additional compensation, but also a wide array of incentives that include flexible schedules, referral compensation, revised dress codes and allowances for religion, as well as cafeteria plans and child care programs. More than 32 percent of leaders noted that millennials within their workforce have influenced acceleration in technology investments. More than 43 percent of leaders agreed that millennials are influencing “rethinking of leadership tracks” at their organizations. For almost 60 percent of respondents, their organizational culture is shifting through the influence of millennials.

With the anticipation of current and future labor shortages, leaders are investing in technology solutions to augment positions that are hard to fill. They are also maintaining close relationships with universities and trade schools to cultivate talent. Once in the door, employees continue to receive education and cross training at more than 32 percent of the companies and organizations surveyed.

At the time of this survey in early 2018, leaders were still taking a wait-and-see approach on the impact of the Tax Cuts and Jobs Act of 2017. While most believe it will have some impact on their businesses, the specifics regarding the tax code and planning were unclear. Although the survey revealed some concern over the Trump administration’s economic policies here and abroad, leaders appear most concerned with domestic issues that range from compensation and reputation management to the need for continuous innovation in their businesses.

According to more than 50 percent of leaders, one of the biggest threats to their business planning is the change in consumer demand tied to an increasing variety of procurement channels for goods and services (e.g. online purchases). As options increase for purchasing, leaders are closely monitoring consumer confidence and service standards. Top traditional concerns include an uncertain tax structure and staffing levels.

Competition will impact the operating metrics of more than 43% of survey respondents.

When it comes to financing, leaders in the survey noted strong cash reserves and little need for new capital. However, they emphasized the importance of strong relationships with their lenders and adequate existing lines of credit — regardless of whether they are using the lines or not. They note that banking flexibility is improving with regard to extension of credit to more companies and organizations.

For the coming year, the biggest operational focus of leaders in this survey vary, but some themes that came through include a focus on internal efficiency followed by growth of their customer base and the management of leadership transitions within the company.

Overall, the priorities for leaders in the Dallas Fort Worth area across industries include how to manage change with a dynamic workforce and the influence of increasing consumer choice and technological innovation.

Participant Statistics

The 2018 Executive Pulse Survey attracted more than 80 participants across five major industry sectors. The breakdown of executive and professional types is as follows:

About 85% of participants had businesses based directly in the Dallas Fort Worth metropolitan area, with outlying cities that included Plano, Carollton, Wylie, Irving, Addison and Farmers Branch. The average tenure of participants in their current position averaged about 12 years. Professional certifications varied, but the most common involved a J.D. or CPA licensure.

The average employment of businesses surveyed was about 150 employees. Actual 2017 revenue of participants averaged $21 million. Projected revenue for 2018 was slightly higher at $23 million.

About the Executive Pulse Survey Report

We’re very pleased to publish our first ever Executive Pulse Survey and Report. The survey, which was conducted exclusively in the Dallas Fort Worth area, targets executives in the Construction, Energy, Manufacturing and Distribution, Professional Services, and Real Estate industries.

The Pulse Survey is designed to explore the opinions of DFW-based executives on a wide range of topics and trends that impact how businesses and organizations operate. It is also intended to provide information regarding their peers’ thinking across a variety of industries and topics.

The Survey was developed by our firm in collaboration with our sponsors: Richard P. Slaughter Associates, Comerica Bank, Scheef & Stone, and Insperity. The survey would not have be possible to produce without our sponsor and participant support.

We hope you find the report useful and insightful.

Download the full report here: Download the Executive Pulse Survey Report

Supreme Court Sides with Employers on Arbitration Agreements

The Supreme Court often agrees to rule on questions upon which individual appeals courts have reached different conclusions, to create a uniform national legal standard.

And that’s what the court did with a 5-4 decision in a case called Epic Systems Corp. v. Lewis. The basic question was whether the Federal Arbitration Act has greater authority over arbitration agreements between employers and employees than the National Labor Relations Act (NLRA).

The court consolidated three similar cases in its ruling. In each case, employees had entered into agreements with their employers to resolve any labor disputes that might arise by arbitration, instead of taking the employers to court.

Which Law Governs?

Despite having signed those agreements, once disputes arose affecting the individuals and their coworkers, the employees argued that the agreements weren’t valid.

Why? Because, the employees alleged, those agreements prevented them from participating in a class action lawsuit, which they argue is a “protected activity” safeguarded by the NLRA. For the last six years, the National Labor Relations Board (which plays a key role in enforcing the NLRA) has taken the position that employees’ ability to pursue a class action case is a “protected activity” and supersedes the Federal Arbitration Act.

The majority Supreme Court opinion written by Justice Neil Gorsuch essentially concluded that the basic goal of Congress when it adopted the NLRA was to enable employees to form labor unions. On that basis, the protected activity that is sheltered by the NLRA is about union building and is unrelated to arbitration agreements.

This ruling doesn’t give employers a blank check, however, in how they introduce arbitration agreements into their employer-employee dispute resolution programs. Rather, it declares that arbitration agreements that preempt class action litigation aren’t intrinsically illegal. How you put them in place matters a great deal as to whether they will hold up in court, if challenged.

Why Arbitration?

Why would you want to have employees accept mandatory arbitration in the first place? Arbitration enables a dispute to be resolved more quickly and inexpensively than it generally would be in the court system. When sued and taken to court by a disgruntled employee, even with a dubious claim, many employers decide to settle the case just to make it go away and save money. But with arbitration, that isn’t necessary. Because the process is relatively inexpensive, it’s easier to stick to your guns and defeat claims that are found to be bogus.

To be clear, arbitration doesn’t guarantee an employer will come out on top in a dispute. Chances are if you would lose in court, you’d probably lose in arbitration. But at least the process would typically be much faster and less costly.

Implementing an Arbitration Policy

To make arbitration agreements hold up to a potential legal challenge, attorneys recommend that you take several precautions. One is to make it a stand-alone agreement that the employee signs, versus having it just be one of many pieces of a longer employment agreement. This way it would be tough for an employee to claim he or she wasn’t aware of having agreed to arbitration.

It must be clearly stated that the agreement is mutual — that is, it applies equally to the employer and the employee. It’s also important that the agreement provide general guidance on the categories of disputes that it covers. For example, arbitration might not be the best way to deal with a dispute involving theft of company property.

Here are a few additional provisions to consider when you work with an attorney to draft an arbitration agreement:

  • Payment of arbitration fees. You might agree to cover all the fees associated with an arbitration unless the dispute involves a highly paid executive. Courts have occasionally raised concerns about requiring employees to split these fees on the basis that this might make the use of arbitration unworkable to an employee (except where the plaintiff’s attorney would work on a contingency basis).
  • “Severability” clause. Such a clause says that if one part of the agreement is deemed invalid, that part can be thrown out without shooting down the entire agreement.
  • Limits on statutory remedies. In cases where employees prevail but the agreement includes caps on the awards to employees, courts have at times rejected such agreements if using the judicial system would’ve resulted in higher awards.

Final Thoughts

Whatever provisions you incorporate into an arbitration agreement, the goal is to avoid problems if an employee challenges its validity in court. Standards will vary by jurisdiction and according to the level of risk you’re willing to assume. A qualified labor attorney can walk you through the entire process, from considering whether you want an arbitration agreement to drafting the agreement itself if you opt to use one.

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