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Non-Compete Clauses Ruled Invalid in California - August 27th, 2008
(cNet) -
The California Supreme Court on Thursday upheld a state law ruling that
employers cannot restrict employees from working for a competitor or soliciting
former clients when they leave the company. That may be good news for California-based tech employees who want to
take their skills to another company, or head a start-up that may directly
compete with their former employer. "Noncompete" contracts, in place largely to
protect an employer's intellectual property, began being used by companies
during the dot-com boom to prevent losing valuable workers in a competitive
technology labor market. The California law has been in existence since 1872, forbidding
"noncompete clauses" that restrict management employees' options in their next
job or business. But the law has been interpreted differently throughout the
state, and the 9th U.S. Circuit Court of Appeals in San Francisco has ruled in
favor of allowing a company to limit their employees' future job choices, as
long as it doesn't prevent them from working in the same field. Thursday's ruling was a response to the Edwards vs. Arthur Andersen case,
stating clearly that Edwards, a tax manager, signed an invalid noncompete
clause. The court said in its final disposition (see PDF) that "Non-competition agreements are invalid...in
California even if narrowly drawn." Things That You do Not Want to Say to Your Management or Users - August 22nd, 2008
There is no
documentation on the application (code) - When a program fails at a critical
point in time and the error is investigated you find there is no documentation
of what the code does, how it impacts other applications, and the programmer who
wrote the code cannot be identified or is no longer with your
enterprise. No application
relationship diagram is available – When it is time to upgrade or change
and you find that there is no application interface definition nor is there any
documentation which tells you how the application interfaces with all of the
other applications within the enterprise. Key employee is actively
seeking a new job or looking to retire – Out of 100 IT employees 22
change jobs within each 12 months.
Add to that the fact that between 20 to 30% of "legacy" system experts
are going to retire within the next 5 years and you have another issue the CIO
needs to address. Users and the CIO want
an application and you cannot document the ROI – Pressure is placed on
you to build the business case for a new application or an enhancement to an
existing one and you cannot prove that it meets the enterpriseÂ’s ROI
threshold. You do not know what the
CIO’s vision is – You are in a meeting with users and the CIO and say
something that shows that you are not on the same page as the
CIO. Enterprise Architecture Job Description Bundle Released by Janco - August 21st, 2008
A
bundle of Job Descriptions have been created for Enterprise Architecture. In
addition several other job descriptions have been updated to reflect the
Enterprise Architecture The
Internet and IT Job Description
WORD files have also been updated to include these changes. Can Your eMail Address Impact Your Job Search - August 15th, 2008
Scientists at the University of Leipzig have taken a close look what your
e-mail address says about you. They
found that people really do judge others based on the e-mail addresses they
choose. What's more interesting, however, is that these judgments tend to be
right. In a
research published recently in the Journal of Research in Personality, the
scientists took a look at just e-mail addresses and had the people who created
them fill out a brief personality questionnaire. Then, they asked other students
to rate these same addresses to find out if the e-mail names seemed to be
neurotic, open, agreeable, conscientious, narcissistic or extroverted.
They
discovered is that the students tended to judge people based on their addresses.
The researchers say it's astonishing that the sliver of information that you
pass on in your e-mail address can be enough for people to get a valid read on
your personality. Their
advice is simple: Choose an address you like. After all, is it really such a bad
thing for others to see you the way you are? IT Job Maket Soft - August 11th, 2008 more information Culture Changes Drive IT Performance - August 8th, 2008
In
speaking with a large number of CTOs, CIOs, and IT decision makers about IT
culture, and signs Janco has drawn some conclusions. We have found that there
are many who advise CTOs, CIOs, and IT decision makers on how to go about making
big changes to their IT culture, but less is said about what changes could mean
for the staffers within the department. A
culture change from decisions being made from a large to a small group of people
might force an employee to quickly adjust the way they get things done. A change
from a U.S focused IT organization to a global one might put pressure on a
worker to adjust their schedule, and their way of communicating with customers
to fit the culture. However, the message is that the onus is on the IT professionals
to adapt to the changes being made within their departments. Yet most employees
have from time to time felt that the culture of their group was changing and
perhaps leaving them behind. Is the only option to quietly focus on getting
another job? As
the culture changes the IT professional needs to be aware of the way decisions
are made, who makes the decisions, and how that impacts them? If that is not understood and dealt with
frustration and poor performance follows. Proven Steps to Increase Your Compensation - August 6th, 2008
Many IT professionals ask, “How can I increase what I am
paid?” Janco has defined 5 proven
actions that any IT professional can take.
They are: Employment Falls in the IT and Telecommunications Industry - August 1st, 2008
According to the Bureau of Labor Statistics – US Department of Labor
in July employment for the information industry declined by 13,000 jobs and by
44,000 over the past 12 months.
Telecommunications lost 5,000 jobs in July. This
data agrees with the June forecast made by Janco Associates when it released it
2008 Mid Year Salary Survey for Information Technology and Communication
professionals. Janco
found that demand was down for many IT pofessionals. The CEO of Janco was
quoted in eWeek. Enterprises
have slowed down and in many cases eliminated discretionary spending by IT, the
Janco survey found, something that has resulted in fewer projects being
initiated, the use of consultants being reduced, if not eliminated, and a
slowdown of initiatives that had already been approved. IT Job Market Is Poor At Best - July 22nd, 2008
Janco continues to review the IT job market for CIOs and CTOs. but sees
few bright sposts. A Job Market Index just released found very few
among the unemployed management ranks willing to leave the job search for their
own venture. The compnay doing the survey polled 3,000 recently
"discharged" managers and executives. They found: Eight and Seven Figure CIOs - July 18th, 2008
Who Made What: Some of the Top-Paid Fortune 1000 CIOs of
2007 SOURCE: Company proxy statements and 10-K
filings. *Includes bonus, stock, options, incentive pay, pension contributions
and other compensation Is IT Spending on the Rise or Falling - July 17th, 2008
CDW has reported that IT staffing and spending is on the rise.
CDW says, "The past two months have seen IT executives grow
increasing bullish about the future of their organizations, according to the
results of the most recent CDW IT Monitor, a bimonthly survey that gauges IT budget
management and spending plans and tracks the perceived value of business
technology. The CEO of Janco Associates, Victor Janulaitis
disagrees. Mr. Janulaitis said, "We are seeing enterprises of all sizes
begin to be more cautious - they are now deferring both hiring and
spending." IT Job Unemployment Is LOW - July 10th, 2008
(CIO Insight) Unemployment among computer-related
jobs hovers near historic lows as the U.S. information technology workforce tops
4 million for the first time.
The size of the IT workforce in the United States has topped 4
million workers for the first time last quarter, according to CIO
Insight's analysis of U.S. Bureau of Labor Statistics data. And the number
of employed IT pros reached 3,956,000 in the second quarter of 2008, also a
record high. The IT unemployment rate inched up one-tenth of a percentage
point last quarter to 2.3 percent, but still hovers near historic lows. That is
in contrast to overall unemployment, which last quarter stood at 4.7 percent,
more than double the IT jobless rate. (In June, overall unemployment stood at
5.5 percent for the second consecutive month, after shedding 62,000 jobs that
month. Comparable numbers arenÂ’t available for computer-related
occupations.) Why would IT employment remain robust as unemployment rises in
most other job categories? IT performs a critical role in business productivity,
and the efficiencies it brings are crucial for employers looking to trim costs -
including payrolls - as fuel and related expenditures soar and the economy and
dollar weakens. In addition, companies today cannot operate without functioning
IT systems, so certain business technology skills cannot be eliminated if a
company wants to remain competitive. A year earlier, the IT unemployment rate stood at 2.1 percent,
with 3,599,000 workers employed in IT and 77,000 jobless and looking for
positions in the field, for an IT workforce size of 3,675,000. With 4,050,000 managers, professionals and other staffers
holding or seeking computer-related positions last quarter, the IT workforce has
grown by 10.2 percent over the past four quarters. Another sign of a strong IT economy: the number of workers
employed by IT services firms rose by 56,100 this past year to 1,414,400, a 4.1
percent increase, according to last monthÂ’s BLS establishment survey of some
160,000 businesses and government agencies covering about 400,000 worksites. The
active sample includes about one-third of all nonfarm payroll workers.
The increase in IT services employment reflects the continuing
need by companies for outsourcers to manage corporate IT infrastructures as well
as provide hard-to-find but needed skills to develop and support new
applications and systems. Not every person employed by IT services firms - officially
labeled by the government as computer systems design and related services - is
an IT pro, but a majority are. A 2006 government report estimates that 53
percent of IT services firms' workers hold IT jobs such as programmers; software
engineers; computer, network systems and data communications analysts; or
database, network and systems administrators. Another 3 percent are computer and
IS managers. The remaining employees—44 percent of payrolls—encompass non-IT
managers and administrative and operational support personnel, including those
in finance, human resources and sales. Besides the establishment survey, the government also queries
60,000 households to determine employment and unemployment in the U.S. For our
analysis, we use a BLS quarterly report that aggregates the monthly reports and
details employment in hundreds of occupation categories. The government tracks
seven major computer-related job categories: computer scientists and systems
analysts, computer programmers, computer software engineers, computer support
specialists, database administrators, network and computer systems
administrators and network systems and data communications specialists plus
computer and information systems managers. CIO Insight analyzes these eight occupation categories to
determine current IT employment conditions. Because these IT professions
comprises less than 3 percent of the overall workforce, and each occupation
categoryÂ’s size on its own would be statistically unreliable, CIO Insight
aggregates the last four quarters to determine each quarter's workforce,
employment and unemployment levels. For example, we added BLS data from the last
two quarters of 2007 and the first two quarters of 2008 then divided by four to
determine second-quarter 2008 data. Statisticians and economists say aggregating
four quarters worth of data makes them more statically reliable than just using
one quarter's worth of data. CIO Assumes More Roles On Advance to CTO Role - June 30th, 2008
Roles of CIO as he
becomes the CTO for enterprises expand to include: How do you Make Your Enterpris a Great Place to Work - June 27th, 2008
Great places to work are not just those that pay the most. Criteria
that employees look for are: Best Life Style Place to Work is Utah - June 23rd, 2008
Utah is a great place to work because of the number of things
that you can do there in your time off. If we are all working hard on our careers, plus doing our jobs well, is there time for anything else? There is if you work in Utah because of the number of outdoor activities you can participate in without having to fight crowds. To succeed in our careers means not only doing well in our jobs, but making sure that our jobs support the lifestyle that we desire. Unfortunately, when people complain about balance, often the problem isn't too much work, but too little life. Solving this problem can be as simple as scheduling non-work activities or as complex as seeking flexible work arrangements. But what "life" activities should be scheduled? Two clear facts: No one but you knows what your perfect balance should be, and no one but you can know which activities hold interest. In the case of Utah in the winter there is skiing, and the rest of the year there is golf, mountain and road biking, fishing, hiking, and boating. - more informationJob Hunting Skills Key to Finding Your Next Job - June 11th, 2008
With the prospects not all that great in the IT Job Market, IT
professionals need to take care when they leave one company and start a job
search. IT Professionals should do before and after an job
interview. Before the Interview and while you are employed Interview Which Positions are in Higher and Lower Demand in IT Organizations - June 10th, 2008
Based on the Janco 2008 Mid Year Salary Survey, there is
increased demand for seven positions in large enterprises and six positions in
mid-sized businness. In large business the positions in high demand are: In mid-sized business the positions in high demand
are: Tips for CIOs Use to Manage Star Performers - May 28th, 2008
Some keys to managing staff that is smarter than you are the following: Tenets of Success for IT Professionals - May 28th, 2008
When we see IT professionals who are successful
we see that they will always develop a deep understanding of what it takes to be
successful and follow a few basic tenants that have little to do with
technology. The tenets are: H-1B program at risk - May 22nd, 2008
On the heels
of earlier congressional vote in which the AgJOBS amnesty and the
employment-based permanent worker increases were stripped from the Iraq
Supplemental bill, he H-2B low skill worker increase has been removed from the
Iraq Supplemental spending bill. That places
expansion of the H-1B visa program on a path which could ultimately lead to its
reduction and or defeat.
Chief Security Officer Definition - May 18th, 2008
What is the Chief Security Officer (CSO)? The
title Chief Security Officer (CSO) was first used inside the information
technology department and function to identify the person responsible for IT
security. At many enterprises, the term CSO is still used in this way.
The CSO title is also used in many enterprises to
describe the leader of the "corporate security" function, which includes the
physical security and safety of employees, facilities and assets. This
individual often holds a title such as Vice President or Director of Corporate
Security. Historically, corporate security and information security have been
handled by separate departments. The CSO is the executive responsible for the organization's entire security
posture, both physical and digital. CSOs also frequently own or participate
closely in related areas such as business continuity planning, loss prevention
and fraud prevention, and privacy. At a tactical level, technology is being infused
into physical security tools, which are increasingly database-driven and
network-delivered. At a strategic level, CEOs and corporate boards, motivated in
part by regulations such as the Sarbanes-Oxley Act, HIPAA, and ISO 27000
(formerly ISO 17799) 27001 & 27002 standards, desire an enterprise-wide view
of operational risk. The Chief Security Officer (CSO) is responsible for
overall direction of all security functions associated with Information
Technology applications, communications (voice and data), and computing services
within the enterprise. At the same time the CSO must be aware of the
implications of legislated requirements that impact security for the
enterprise. This includes but is not limited to Sarbanes Oxley Section 404
requirements. The CSO has the responsibility for
global and enterprise-wide information security; he/she is also responsible for
the physical security, protection services and privacy of the corporation and
its employees. Outsourcers to be Impact by HP Purchase of EDS - May 13th, 2008
The
elimination of jobs will put more pressure on outsource providers as there will
be a surplus of employees who will be out of work. In the
1970s that occurred in the US and that drove a recession. The question is will that be good for
the US job market or not. Only time
will tell. High paying IT jobs are being outsourced and off-shored - May 12th, 2008
According
to firms that outsource and/or off-shored IT operations, Janco found that many
high-wage, high-skill jobs that were once thought to be immune to outsourcing
are now being outsourced. Over 25 percent of these enterprises reported
high-skill IT jobs are being sent overseas to third parties
H-1B Violations generate a fine against company - May 10th, 2008
The Department of Justice (DOJ) announced that
iGate Mastech Inc. (iGate), a Pittsburgh computer consulting company, has agreed
to pay $45,000 in civil penalties to settle allegations that iGate discriminated
against United States citizens in its employment practices. The settlement also
requires iGate to train its recruitment personnel and to post a
nondiscrimination statement on its Web site. The settlement stems from the DepartmentÂ’s finding
that, between May 9, 2006, and June 4, 2006, iGate placed 30 job announcements
for computer programmers that expressly favored H-1B visa holders to the
exclusion of U.S. citizens, lawful permanent residents, and other legal U.S.
workers. Such preference constituted citizenship status discrimination and is
prohibited by the Immigration and Nationality Act. Acting Assistant Attorney General for Justice
DepartmentÂ’s Civil Rights Division said the DOJ is committed to protecting the
right of all authorized workers in the United States against citizenship status
discrimination. The DOJ was pleased
to reach the settlement with iGate, and looks forward to continuing to work with
the business community to educate the public about the protections and
obligations under the anti-discrimination provisions of the Immigration and
Nationality Act. The Office of Special Counsel for
Immigration-Related Unfair Employment Practices (OSC) in the Civil Rights
Division, which conducted the investigation in this matter, continues to monitor
iGate to ensure compliance with the settlement agreement. OSC is responsible for
enforcing the anti-discrimination provisions of the Immigration and Nationality
Act (INA), which protect U.S. citizens and certain work-authorized
individualsWorkauthind.htm from employment discrimination based upon citizenship
or immigration status. The INA also protects all work-authorized individuals
from national origin discrimination, unfair documentary practices relating to
the employment eligibility verification process, and from
retaliation. How should a CIO be compensated? - May 1st, 2008
When
CIOs start to think about compensation for their staffs, they need to consider
their own compensation. Some of the
questions that they should ask themselves are:
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