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John Yuva

DOL Ruling Leaves Uncertainty for Contingent Workers

(Author Note: This article intends to inform about a critical government ruling taking effect in a few weeks as well as encourage discussion on social media. See a post by Christopher Dwyer, managing director of the Future of Work Exchange, this week on LinkedIn to share your opinions and feedback.)

Enterprises of all sizes rely on contingent workers as a critical segment of their workforce and operational support. However, a final ruling on the 2021 IC Rule issued by the U.S. Department of Labor (DOL) has the potential to upend the gig economy when it goes into effect on March 11. The ruling brings into focus how organizations classify an employee versus a contractual worker under the Fair Labor Standards Act. The final ruling presents stricter guidelines on independent contractor classification. The ramifications on labor costs, workforce policy, and talent strategy could be significant.

A Ruling Focused on Guidance

The purpose of the DOL’s ruling is twofold: 1) institute guidelines for how to classify workers as independent contractors and 2) prevent employee misclassification — a serious problem that the DOL says “impacts workers’ rights to minimum wage and overtime pay, facilitates wage theft, allows some employers to undercut their law-abiding competition and hurts the economy at-large.”

According to Acting Secretary of Labor, Julie Su, “Misclassifying employees as independent contractors is a serious issue that deprives workers of basic rights and protections,” she explained. “This rule will help protect workers, especially those facing the greatest risk of exploitation, by making sure they are classified properly and that they receive the wages they’ve earned.”

Separately, the DOL’s final ruling rescinds the Trump era 2021 Independent Contractor Rule that the “department believes is not consistent with the law and longstanding judicial precedent.”

The DOL published the following to describe and explain its final ruling: This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule (2021 IC Rule), that was published on January 7, 2021, and replaces it with an analysis for determining employee or independent contractor status that is more consistent with the FLSA as interpreted by longstanding judicial precedent.

The misclassification of employees as independent contractors may deny workers minimum wage, overtime pay, and other protections. This final rule will reduce the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves. 

Since the issuance of the final ruling last month (January 9), its reception has trended toward the negative. One of the biggest concerns is the lack of clarity in the ruling itself.

Resounding Opposition Follows Final Ruling

While the ruling is designed to offer protections (e.g., overtime pay, benefits, etc.) for employees misclassified as contingent workers, it brings possible drawbacks to both workers and organizations. Reaction to the ruling was met with criticism and concern by several industry representatives.

Marc Freedman, U.S. Chamber of Commerce Vice President of Workplace Policy — Link:

“The Department of Labor’s new regulation redefining when someone is an employee or an independent contractor is clearly biased towards declaring most independent contractors as employees, a move that will decrease flexibility and opportunity and result in lost earning opportunities for millions of Americans,” he said.

“It threatens the flexibility of individuals to work when and how they want and could have significant negative impacts on our economy. Making matters worse, the rule is completely unnecessary, as the Department continues to report success in cracking down on bad actors that are misclassifying workers. The U.S. Chamber will carefully evaluate our options going forward, including litigation,” Freedman added.

Emily Dickens, Society for Human Resource Management (SHRM) Chief of Staff, Head of Public Affairs and Corporate Secretary — Link:

“The DOL’s action … ‘underscores the importance of clear and consistent regulations, fostering diverse business relationships essential for the demands of the modern economy. HR plays a vital role in ensuring proper worker classification,’ she said.

‘However, the ongoing shifts in regulatory guidance impose compliance burdens and legal uncertainties on HR professionals and business executives.’”

Timothy Taylor, Holland & Knight Labor, Employment and Benefits Attorney (in an article for Law360) — Link:

Taylor’s expressed concerns about the challenges the rule poses for both businesses and independent contractors: “There are no real surprises, but the rule is just going to remain very challenging and very problematic for businesses and for workers who want to retain their independent status across the board,” he said.

Chris Spear, American Trucking Associations’ President and CEO Link:

“I can think of nothing more un-American than for the government to extinguish the freedom of individuals to choose work arrangements that suit their needs and fulfill their ambitions. More than 350,000 truckers choose to work as independent contractors because of the economic opportunity it creates and the flexibility it provides, enabling them to run their own business and choose their own hours and routes. That freedom of choice has been an enormous source of empowerment for women, minorities, and immigrants pursuing the American Dream,” Spear said.

It is clear based on opinions from some of the largest industry groups that we haven’t heard the last about the DOL’s final ruling.

Uncertainties Ahead for Enterprises and the FOW

The true impact of the final ruling on workers, enterprises, and the Future of Work at large, has yet to be seen. However, here are a few closing thoughts on how things could change moving forward.

Labor costs. Should organizations find themselves classifying more workers as employees (who were previously independent contractors), expect a steep rise in labor costs for those employers. Purportedly, to prevent misclassifications and system abuse, there are stricter guidelines around classifying workers as independent contractors.

Workforce planning. With nearly 50% of an enterprise’s total workforce comprised of contingent labor, the final ruling could have significant implications on talent allocation. With fewer contingent workers, how does that affect talent acquisition and total talent management strategies? Having the right talent at the right time could take on an entirely new meaning.

Direct sourcing strategy. A global talent pool to attract and hire contingent workers is a major component of direct sourcing. Enterprises with a focus on skills-based hiring have boundaryless options when it comes to contingent labor. However, a reduction in contingent labor coupled with stricter remote work policies suddenly shrinks the potential labor pool drastically.

Worker flexibility. The benefit of work-life balance for an employee is often viewed as an acceptable tradeoff to higher compensation. The same holds true for contingent workers. The scheduling flexibility and client freedom are just a couple of benefits afforded to contingent workers. Under the final ruling, however, those advantages could disappear under an “employee” classification. For example, a noncompete clause as an employee could affect the livelihood of a contingent worker.

FOW paradigm. A Future of Work principle is about being future ready by sourcing talent to execute today as well as tomorrow. Contingent workers are the backbone of that principle. A government ruling that could impact a large percentage of nearly 50% of the workforce is worth taking a closer look. Enterprises hire contingent workers for many strategic positions. It would serve them well to find a happy medium around labor protections for this critical workforce segment.

The Future of Work Exchange will continue to cover this issue and others like it. We encourage you to provide your opinions and feedback. Follow our managing director and thought leader Christopher Dwyer on LinkedIn to be part of the discussion.

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Elevate Your Future of Work Processes with Blockchain

One of blockchain’s chief benefits is the ability to authenticate and protect information. With today’s decentralized workforces, there is a variety of information possibly at risk, including payroll, insurance, health, and personnel data. Similarly, HR and enterprise recruiters want assurance that potential job candidates and their résumés are authentic and accurate. Blockchain technology has the potential to provide the necessary verification and protection of such sensitive workplace data.

Here are three Future of Work areas where blockchain technology could provide critical verifications and safeguards, particularly for the contingent and gig workforce — from the recruitment to the contracting and payment process.

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Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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Talent Experts on FOWX — Trends and Strategies in 2024

Our “Talent Expert Series” on FOWX features podcast excerpts of today’s Future of Work thought leaders who appear on The Future of Work Exchange Podcast. The series continues with an excerpt from Season 7, Episode 14 featuring Jen Torney, Global Vice President of Client Experience and Partnerships for Talent Solution TAPFIN, and Brian Hoffmeyer, SVP of Market Strategies for Beeline, as they discuss talent trends and strategies for 2024.

Click to listen to the full interview. Note that this excerpt has been edited for readability.

Chris Dwyer: Jen and Brian, thank you so much for joining me today. Before we jump into 2024, what surprised you most about 2023?

Brian Hoffmeyer: Good question. It means you think we’ve been doing this for so long that nothing surprises us anymore. One interesting thing is that Beeline is pushing heavily into what we call the mid-market, which are smaller companies with under a billion in corporate revenue. What’s been surprising and educational are the needs of mid-market companies and how similar they are to larger enterprises we’ve worked with around contingent labor. The mid-market is using more contingent labor and looking to balance cost, quality, and how long it takes to find people. So, there are similarities there. Equally interesting is how the mid-market is looking for this very turnkey, fast-to-deploy, nimble solution. That’s been very educational for everyone.

Jen Torney: Those are great points, Brian. Two things surprised me most. The first was a disappointment. With the legislation we saw in 2023 around affirmative action and the pace of change around diversity, the attention toward it is evolving. Thankfully, there are a lot of champions in the industry making sure there’s still a focus on diversity.

The second was the chaos of the economy and the impact on our clients’ workforces. There were layoffs, then rehiring, then layoffs. It’s never been that unpredictable. It was a lot of change, which shouldn’t be all that surprising with the last couple of years we’ve had. But the unpredictability that happened was interesting.

CD: As we move through 2024, what are your biggest predictions for the year?

BH: We’re going to see real total talent management start to happen and I’m excited about that. I also believe we’re going to see an AI correction if you will, where companies are realizing that the providers they’re relying on are not using AI in the right way and exposing them to risk. And because areas like large language models (LLMs) are growing so quickly in a variety of industries, we can expect some form of regulation put around them. This is already occurring in the EU.

JT: I couldn’t agree more on the AI aspect. There’s a sort of false understanding of what providers are even doing with AI. There’s a lot of hyperbole. In terms of predictions, I’m going to throw my hat in the ring and say there won’t be a recession … but maybe a slow recovery. I may very well be wrong. It might still be a tricky year. I do think there’s going to be more mergers and acquisitions activity. We’re already seeing some acquisitions. In this type of economy, with the 2023 books closed, there will be more acquisitions in the market.  

CD: I have dual questions here. Where do both technology and services go in 2024? We’ll begin with Jen and managed services.   

JT: I’ll be so bold as to say some of the work we’ve been doing with our partners, Beeline specifically, will begin to converge and intertwine with what we do with our core technology partners. Some of the direction that MSPs are going is becoming more outcome-based focused and less processing management. We have so much expertise to lend and truly believe that organizations are seeking advisory direction and support — particularly on supply and procurement strategy. In addition to recommending a supplier, it’s more about how you are buying and understanding the right strategy to engage and achieve the most value for what you’re trying to drive toward. That’s going to be a big but slow shift.

BH: We’ve started this evolution of who Beeline is because of the new things we have rolling out. We have products that are available to serve parts of the market we have never had before. That will continue. It’s part of what we want to be, which is offering great experiences and products for every persona involved in contingent labor. We’re already doing that with Beeline Professional, our solution for the mid-market, as well as some of the work we’re doing with suppliers that I’m incredibly excited about.      

CD: We’ve talked about what surprised us and some 2024 predictions. Let’s close with what each of you would to see most in 2024 — not what you expect to happen — but what you would most like to see.

JT: I have two. The first is I’d like to see Beeline top its 80s party from the CWS Summit. Very much looking forward to that. My real honest answer, and not to sound beauty pageantry, is I’d love to see more world peace. 2023 was a volatile year concerning civil unrest. There’s nothing more I’d like to see than some of that quiet down. I know that’s probably not realistic to see it completely resolved, but that’s my utopian answer.

BH: Challenge accepted for the Beeline party. My answer was going to be similar. The word I’d use is normalcy. We had two-and-a-half years of the pandemic. And 2023 with economic uncertainty, the war in Ukraine for the last few years, and what’s going on in Gaza. We’re now in a year of a political presidential election cycle that’s going to be horrible, no matter what side you’re on. I would just like to see normalcy and civility. I’ve always loved the saying, “moderation in all things, including moderation.”

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Adopt the Lifelong Learner Mentality

The early weeks of the new year are an ideal time to reflect, revise, and rejuvenate. What professional goals do I want to accomplish in the new year? Where am I in my career trajectory? Do I have the skills and knowledge to meet my objectives? These are all relevant and important questions when assessing one’s professional future. However, what if you could keep those questions at the forefront all year, every year, throughout your professional life — with goal assessment and attainment a constant? Adopting a lifelong learning mentality makes professional development a daily driver and career advancement a priority.

Adaptability to Shifting Trends

Lifelong learning is a growing aspect of the Future of Work as shifting workplace trends require greater adaptability. As such, workers are taking more control of reskilling and upskilling efforts to remain ahead of the curve. In fact, according to ManpowerGroup’s 2023 Workplace Trends Report, 57% of employees are pursuing training outside of work.

“What’s important to people is that they have the relevancy of skills that are marketable today as the world of work evolves,” says Nimo Shah, director of MyPath and Experis Academy for ManpowerGroup.

Personal Growth, Employee Retention

Becoming a lifelong learner involves making professional development and discovery an ongoing initiative. It can mean dedicating a portion of the week to reading about new technologies or trends online, joining a networking or professional group, or enrolling in a class or certificate/degree program to learn new skills. Whatever the path, it’s about commitment to personal and professional growth. This can pay dividends when growing one’s professional brand and deeper connections within the enterprise.

An article by Georgia Tech’s Professional Education department, states, “As employees’ expectations change, lifelong learning can play an integral role in helping them integrate more deeply into the workplace. …If companies invest in lifelong learning options and advocate for the personal and professional development of their teams, it could help with employee retention.”

Journey Toward Professional Discovery

Need some guidance on your lifelong learning journey? The following are strategies to incorporate (one or all) into your daily, weekly, or monthly self-development regimen.

Maintain stretch goals. Setting goals and achieving them provides a sense of accomplishment. However, having stretch goals provides direction and motivation to go beyond what is already achieved. Typically, stretch goals are difficult to reach, if not impossible, but having more attainable goals that are related to a stretch goal can result in some unexpected and positive results — as well as innovative thinking. A stretch goal on the lifelong learning path could be to read 50 business books in a year when your annual average is five books. But with certain goals in place, you’re able to read 12 books (one per month).

Utilize learning channels. Whether it’s online or in-person learning, there are several options to reskill, upskill, or pursue a second career. Udemy, for example, has 57 million users and more than 213,000 courses covering a wide range of categories. LinkedIn Learning (formerly Lynda.com) is another excellent e-learning option boasting more than 22,000 courses. If earning a certificate in a specified area of study is your goal, consider a community college. Certificate programs can be completed within months and provide the essential skills for career advancement.

Recalibrate network strategies. How many of us use LinkedIn mostly to approve or make the occasional connection request, browse posts, and tinker with our profile? Commit to recalibrating our networking strategy (particularly on LinkedIn) to really connect. Use the platform to join groups and engage with members. Like posts and leave comments. Reach out to prolific LinkedIn members and subject matter experts to ask questions and initiate dialogue. Attend LinkedIn live events on topics of interest. LinkedIn is populated with tens of thousands of members who are eager to share their knowledge and provide insight into your journey of lifelong learning.

Chase curiosity and wonder. Simply put, if you’re curious about something, find the answer. What is the potential impact of generative AI on my enterprise and its industry? Start researching and reaching out to subject matter experts on LinkedIn to get insights. Lifelong learning is often about chasing the bigger questions and educating yourself while finding the answers. Create a Top 10 list of topics you want to know more about, then three questions under each topic to explore. Prioritize the topics/questions based on your goals and timetable.  Lifelong learning is about the journey.

Document the known and unknown. Create a spreadsheet for topics of curiosity and include valuable links to your findings. Individual sheets within a spreadsheet for different topics. Complement the spreadsheet with a journal documenting your thoughts, wins, and losses of lifelong learning. Often, putting pen to paper (or fingers to keys) can lead to unexpected connections and a-ha moments. It’s why going down this path frequently results in innovative thinking and outcomes. Document your progress for a month and see how it feels. You may be surprised how rewarding and motivating it can be to see tangible progress of your goals.

Build a schedule that integrates one or more of these strategies and track short- and long-term progress. Look for a mentor or coach who can provide supportive accountability and insight into growth areas.

Enterprise Support and Reward  

While lifelong learning is more of a personal journey for an employee, it doesn’t mean enterprises can’t be active guides. Managers who take an interest and participate in their employees’ professional development can generate growth and career opportunities while gaining benefits as well.

As part of LinkedIn’s Global Talent Trends report, Stephanie Conway, senior director of talent development at LinkedIn, says employees who set clear career goals are more focused on the skills to attain those objectives.

“An important enabler in my experience is a shift away from looking at specific job titles when helping employees consider their next move. Instead, it is more effective to identify specific skills they want to develop and experiences that might help them do that,” Conway says.

“A first step is to show employees what career development at your company looks like – through any number of programs, like job shadowing, rotations, or sharing internal-mobility stories. This can both further personal career development and start to build organizational resilience and agility,” she adds.

Lifelong learning begins with that spark of curiosity that can open the door to a world of possibilities. Take charge of your personal and professional development to achieve your workplace and longer-term career goals.

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Mental Well-Being Critical to Curbing Employee Burnout

When we refer to the Future of Work, we’re often talking about a better overall workforce experience. Certainly, a workplace that considers employee purpose, well-being, and work/life balance. In essence, the Future of Work should help prevent one of the leading causes of workforce distress and The Great Resignation — employee burnout. Indeed conducted a survey in 2021 of 1,500 U.S. workers to compare the level of burnout before and after the COVID-19 pandemic. The survey revealed that 67% of all workers believed burnout had worsened during the pandemic. What was the primary reason behind the increase?

Despite most employees working remotely, the survey indicated that more than half (53%) worked more hours virtually than when they were on-site. According to Indeed: Nearly one-third (31%) say they are working “much more” than before the pandemic. On-site workers reported longer hours as well, with 27% who said they worked more daily, and 34% who worked longer on a weekly basis. The inability to unplug from projects, coupled with the lack of guidance surrounding work/life boundaries contributed to longer working hours.

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Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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The Impact of Contingent Workforce Management Analytics

Today’s total talent management strategies rely on analytics to execute workforce objectives. For extended workers who comprise nearly half of enterprises’ entire labor force (49%, according to our research), analytics are even more crucial to developing metrics and optimizing performance. Recent Ardent Partners and Future of Work Exchange research indicates that 81% of organizations cite the improvement of contingent workforce management (CWM) analytics as a priority, highlighting the importance of deeper, more insightful data and analysis.

CWM Analytics for Insights

According to Beeline, a leading contingent workforce solution provider, “For many organizations lacking formal analytics and reporting on their contingent workforce, identifying key metrics can even be challenging.” The focus on analytics goes well beyond hiring, scheduling, and payment data, to include deeper areas of concentration. The following are several analytic subsets imperative to contingent workforce management and performance.

The rest of this article is available by subscription only.

Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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New Kids on the Block — Gen Z in the Workplace (Part Two)

In part one of our two-part series exploring the pandemic’s effects on Generation Z in the workplace, several studies revealed Gen Z endured learning challenges and subsequent skills deficiencies. Soft skill inadequacies make it difficult to adjust to today’s workplace demands.

Today, we feature part two, exploring how enterprises can most attract and retain Gen Z employees. Not surprisingly, those strategies are closely tied to offering programs and services associated with the lasting emotional impacts of the pandemic.

The rest of this article is available by subscription only.

Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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New Kids on the Block — Gen Z in the Workplace (Part One)

The global pandemic transformed overnight how work gets done and how employees interact. Enterprises emerged from this tumultuous period with an evolved mindset toward employee flexibility and engagement. As the Future of Work movement emerged, employees from Gen Y to baby boomers recalibrated their work styles — with many adapting to new workforce expectations.

While the multi-generational workforce continues to adjust, newly arrived Gen Z workers (which consist of 20% of the workforce) face several challenges related to their own experiences during the pandemic. Many came through it, not with a new sense of self, but with a feeling of uncertainty and unpreparedness.

The Pandemic and Gen Z — A Retrospective

Most Gen Z workers (representing those born between 1997 and 2012) experienced remote learning (high school and college) during the height of the pandemic. Despite being technologically savvy, online learning and general fears during the pandemic reshaped this generation and its outlook on work and life.

The rest of this article is available by subscription only.

Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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Voices Behind Quiet and Loud Quitters

One of the main tenets of the Future of Work is employee engagement. It sets the tone for how to motivate, influence, and inspire workers to embrace their work and the culture of the enterprise. Since 2022 when the workplace began to normalize after two tumultuous years of the pandemic, employee engagement has become a cornerstone to achieving a productive and competitive organization.

What is the result when a lack of employee engagement exists? Two employee behaviors — “quiet quitting” and “loud quitting” — become prevalent. Current workforce statistics indicate that disengagement is more prominent than management probably realizes.

Quiet Quitting Proliferates

In early 2022, a term emerged describing workers who are disengaged from the workplace and generally apply the minimal amount of work necessary to complete their job — quiet quitters. When compared to the overall workforce, quiet quitters represent the majority of workers today, with most struggling with stress and burnout.

According to Gallup’s State of the Workplace 2023 report, 52% of US/Canadian workplace employees fall within the “disengaged” (quiet quitter) category. It also represents the largest group that HR and business managers can actively engage with positive results by listening to employee concerns and issues.

What changes are quiet quitters most looking for to thrive in the workplace?

The rest of this article is available by subscription only.

Introducing a New Subscription Model from the Future of Work Exchange.

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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Elevate Your Workforce Through Upskilling

“Upskilling, reskilling, and continuing one’s education journey — traditional or not — has the potential to serve as a great equalizer, providing opportunities for anyone at any stage of their career.” Par Merat, VP of Training and Certifications, Cisco U.

Workplace culture is a major determinant for candidate attraction and talent retention. Enterprises with a strong focus on professional development and organizational growth — upskilling — are reaping the rewards of higher levels of employee engagement, worker satisfaction, and sense of belonging.

Upskilling is akin to learning new skills to better perform your job — not to be confused with reskilling, which is investing in skills for a different job. How critical is upskilling? According to its 2021 report, Upskilling for Shared Prosperity, the World Economic Forum states that the U.S. could add $800 billion to its GDP by 2030 through upskilling efforts.

The rest of this article is available by subscription only.

Introducing a New Subscription Model

To continue providing valuable insights and resources on the future of work and extended workforce management, we’re transitioning our site to a paid subscription model. While some posts will remain free, subscribing will grant you exclusive access to in-depth analysis, market research, expert interviews, and actionable strategies that will help improve your business. Solution providers and practitioners are invited to join today and gain a competitive edge by tracking the industry’s important innovations, emerging trends, and best practices.

Click here to learn more.

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