November 14th, 2019 by Fiona Ong at Shawe Rosenthal
When is the most qualified job candidate not the right candidate?
Fiona Ong shares the opinion of the EEOC, the Maryland Court of Appeals and the Maryland federal district court. And by opinion, we mean it is what ya gotta do. In Maryland.
September 26th, 2019 by Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann
Ford & Harrison LLP
Steve Jobs, the former CEO and chairman of Apple, Inc., believed that his most important responsibility was hiring the best employees. Jobs understood that a company’s employees are its single greatest investment. Before a company invests in an expensive new piece of equipment, management will typically research the product, secure information from vendors, and test the product before ...
September 23rd, 2019 by Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann
Ford & Harrison LLP
You know how sometimes someone asks you if you want the good news first or the bad news? And sometimes you decide to take the bad news first just to get it out of the way?
So why not just ask applicants to list the worst things they've ever done and get it over with because you know that it is eventually going to reach the light of day and this way you can be prepared. Right?
Or you could just take a deep breath and let Frank Day, Jessica Asbridge and Mollie Wildmann walk you through the process of preparing to hire someone.
September 13th, 2019 by Hannah Sorcic and Adam Weiner at ReedSmith
If you hire artificially, can you pay in Sweet N' Low?
Can you ask about an applicant's salary history? Is sexual harassment prevention triaining mandatory? Every year? Are non-employees protected from harassment by the law? Another mandatory annual reporting requirement every year?
Hannah Sorcic and Adam Weiner answer these questions (well, maybe not about paying in Sweet N' Low) and more.
August 29th, 2019 by Elizabeth Coonan at BrownWinick
Taking a page from the professional sporting leagues, United States Citizenship and Immigration Services (USCIS) decided the call that they made on the expiration date when they last printed the I-9 was in fact not correct.
Therefore, they simply changed the call. Wouldn't life be more agreeable if we could all do that.
Elizabeth Coonan explains.
August 21st, 2019 by Frank L. Day, Jr., Jessica Asbridge, Mollie K. Wildmann at FordHarrison
The following list of questions should serve as an introduction to a number of fundamental employment law concepts, and the answers to each question will enable users to determine if “best practices” generally are being followed. Of course, this list of questions will not ensure that full compliance with all laws and regulations that govern the employer-employee relationship, but...
July 19th, 2019 by Bethany Salvatore and Bryant Andrews at Cozen O'Connor
Interviewing applicants is not easy.
You want to learn information that will help you make a hiring decision while avoiding asking questions that you can't ask or at least aren't supposed to ask because if you do ask you could get in trouble or fired not to mention your company could get sued and fined.
This video provides can / can't / red flag / why for some common interview questions.
January 26th, 2019 by Richard Meneghello
Aside from the obvious (hire only licensed parapsychologists, don't cross the energy streams of your proton packs, locate a vacant firehouse and a restorable 1960s ambulance, avoid Gozer), Richard Meneghello provides 10 practical techniques to Ghostbusting, including:
October 11th, 2018 by hrsimple
Just like a dog, a hire can be bad for a multitude of reasons, including the hirer (trainer), the hired (dog), everyone's expectations (in both cases some praise and/or a treat), and the environment (workplace/home).
HR Dive is here to help (with the bad hire*):
"Sooner or later, even the most seasoned HR professionals will admit it: they've made a bad hire. For some reason, a person will fizzle out on the job, even though his or her stellar credentials promised a perfect fit with your company. Whether this is an entry-level person or a senior executive, the impact of a bad hire on a department or company can be devastating. So what do you do?"
HR Dive walks you through the process after you accept it was your bad (hire):
* for those of you with a bad dog (my trainer reminds me that it isn't the dog, it is in fact me), some help from BARk.
October 9th, 2018 by John Monroe and Kristina Griffin at FordHarrison
As you can tell by the “seasonal” aisle of your local drug store, holiday season has begun! The seemingly endless stretch of celebrations from October to January brings with it a whole cornucopia of HR issues – including the use of seasonal workers.
Only 90 days until we flip the calendar. You're welcome.
October 24th, 2018 by Fisher Phillips
This just in . . . Mr. Freeze of the 1960s Batman TV show has just been named by the Bureau of Consumer Financial Protection as the national spokesperson for "National Security Freeze".
That's the snazzy name the BoCFPB has conjured to remind employees they have additional protections from identity theft.
And believe it or not, it requires employers to update their background check forms.
Reached in his garage as he was psyching himself up to defrost his chest freezer, Mr. Freeze issued the following statement: "Simply replace your old Summary of Consumer Rights with the revised model form. And how come I didn't get an Ice Cannon like Arnold Schwarzenegger?"
August 20th, 2018 by Judy Yi at Polsinelli
Employment Agreements should be called Agreement Employment Agreements because the agreement comes before there is employment for use after employment.
Here are five factors you should consider (so maybe they should be called Consider 5 Agreements Employment Agreements):
August 16th, 2018 by Spencer Waldron at Fisher Phillips
If continuous background checks are in your future, you need to consider the following in the now:
August 3rd, 2018 by Matt Anderson at Troutman Sanders
Personality testing (think Myers-Briggs and a string of capital letters) can provide you with a sense of an applicant's attitudes, motivations, style of interacting, emotional makeup, etc., but at the very least, it allows you to get to know an applicant outside of an interview.
HOWEVER . . . beware the risks, especially potential discrimination and privacy concerns.
July 31st, 2018 by hrsimple
Interviewer: So where do you see yourself in five years?
Applicant: I'd say my biggest weakness is listening.
Maybe the questions you ask haven't changed (and maybe not the answers you get either), but the process of hiring – ZipRecruiter, downloads, videos, Indeed, resume filters – has.
The Chicago Tribune discusses the technology and how it is transforming the hiring process – algorithms, chatbots, cutting costs and turnover (from our authors Littler), eliminating bias, AI, and optimism (from Johnny Taylor, CEO of SHRM).
June 25th, 2018 by Patricia Dammann, VP Programs & Operations/OD Strategist at Institute of Organization Development
OK, so your Mom told you not to hate anyone, but raise your hand if millennials do cause you angst, Weltschmerz (word-a-day baby!), and/or an occasional shake of the head?
They are also changing everything, including in the workplace: sharing their salary (horrors), needing constant feedback (think Johnny 5 input), transforming googol from a number to company to a verb (and misspelling it), and learning online instead of in a stuffy unlit conference room (actually, I'll take the Starbucks wi-fi, coffee and a slice of the iced gingerbread loaf).
Patricia Dammenn helps you understand what millennials crave in the workplace, and what you can do to keep them hanging around.
June 12th, 2018 by hrsimple
Well, maybe he didn't necessarily write the job description, more like he personalized it.
And a personalized job description should make for a more engaged employee, n'est-ce pas?
Vivek Patel from SAP shares in the Harvard Business Review something that all of us know, whether HR specialist or not: employees are engaged by engaging jobs. And the best way to make sure that each job is engaging to each employee is to fit jobs to employees instead of fitting employees to jobs.
The best time to apply job personalization? The best candidates? The best approach?
And who is Bartleby the scrivener?
July 27th, 2018 by Natasha Sarah-Lorraine Banks at Fisher Phillips
It's almost summertime, which means hiring teenagers, the heat is on the way, and the summertime blues.
So if you are considering hiring a teen / youth / minor / kid / adolescent / whippersnapper, be sure the heat is not the US DOL and the blues aren't fines and the possibility of jail time. Natasha Sarah-Lorraine Banks at Fisher Phillips suggests:
There's more in the full blog, including no-can-do occupations and an age restriction matrix.
June 12th, 2018 by SueAnn Morrow, Ph.D., CESP, University Center for Excellence in Disabilities at the University of Iowa
This blog is courtesy of the Iowa Association of Business and Industry (ABI) and can be found on their website here.
Can individuals with disabilities benefit your business? Research, as well as my personal experience, says yes.
Multiple studies show hiring individuals with disabilities is good for your bottom line. While there were some differences by sector, a study by DePaul University comparing employees with and without disabilities in similar positions found employees with disabilities had longer tenure, fewer scheduled and unscheduled absences, and their job performance evaluations were almost identical. Spending less time in the hiring process and fewer disruptions in production are good for the bottom line.
Employees with disabilities can be loyal, reliable and hardworking. An additional benefit of employees with disabilities in the workforce is . . .
June 12th, 2018 by Jill S. Kirila, Meghan E Hill and Shennan Harris at Squire Patton Boggs
Under the Fair Labor Standards Act (FLSA), “wages” paid to an employee are defined to include money, but may also include “facilities” such as the reasonable cost or fair value of board, lodging, or other facilities similar to board and lodging which are customarily furnished by the employer for the employee’s benefit.
Examples of other facilities are:
The FLSA permits employers to pay wages . . .
June 12th, 2018 by hrsimple
Do new hires have to be a culture club fit? Patty McCord, former chief talent officer of Netflix doesn't think so. READ THIS deep dive (3500+ words) from Patty, SHRM and Harvard Business Review.
In Patty's words: "The process requires:
But it is a whole bunch more than five bullet points.
This is for start-ups to multi-nationals. Again, READ THIS.
June 12th, 2018 by hrsimple
Needless to say, a company can’t operate (let alone succeed) if the employees aren’t showing up to work. But how do you ensure that your workforce will consistently report for duty? One good step is having a clear attendance policy. Communicating clearly about what are acceptable reasons to miss work, how these requests should be made, and what does not qualify as an excusable absence can prevent a lot of confusion and make employees more accountable. The key to communicating these guidelines is a well-written and enforced “No-Fault Attendance” policy. This kind of policy may even boost employee morale by minimizing resentment on the part of some employees toward coworkers who suffer no consequences for being chronically absent.
Here is a deeper look at what such a policy should cover.
June 12th, 2018 by Frank Day, Robbin Hutton and Jessica Asbridge at Ford Harrison LLP
The employment interview is the most used and often the least valid selection device used by management. Too often interviewers are ill prepared and may be influenced by irrelevant personality factors to determine who is best for the job. That is why we suggest having more than one person interview each of the candidates. Of course, each interviewer should be trained on the “hows” of conducting an interview.
Preparing for an interview
When interviewing candidates, it is helpful to remember the following four points:
September 18th, 2019 by hrsimple
Not all employers provide employees with vacation time, but for those who do it is wise to have a clear, well-enforced policy in place to prevent confusion and help employees understand what steps need to be followed in order to use their time off. If employers decide to to provide time off they need to make sure to do so in a uniform manner and apply the same regulations to each employee. Written vacation policies are the easiest way to communicate the requirements for taking time away from the office and to express in no uncertain terms what the employees responsibilities are for their time spent away, i.e., if they need to find a replacement for their duties or schedule their time in a certain manner. The sample policy at the end of the article can help you get started.
June 12th, 2018 by hrsimple
Finding new employees can be stressful. Sure, an applicant will say they are a hardworking overachiever, but are they being honest? That's where reference checks come in. For most positions, it is beneficial for an employer to request and contact previous employers to check on perspective employees as it can protect the employer in any future negligent hiring claims. But what is the right way to get a reference? And what is the right way to give a reference for your own past employees?
June 12th, 2018 by hrsimple
While there may be no state or federal law requiring an employer to have a handbook, there are a number or reasons why they are in an employer’s best interest.
A job worth doing is worth doing well
A handbook isn’t necessarily a get out of jail free card. Like any tool, if you don’t use your handbook properly it can end up hurting you.
Where to start
While there are any number of policies an employer can chose to include in their handbook, there are a few that are must haves.
January 14th, 2019 by hrsimple
As an HR professional you are no stranger to paperwork. It seems that for every employment action – applying, interviewing, hiring, disciplining, on and on – there is a specific form that needs to be filled out. Making sure you complete the paperwork properly is only half the battle though. Once you finish completing a form, you are faced with a whole new issue: what to do with it. Being the smarty that you are, you know that proper documentation is key in protecting your company in the unfortunate case of a lawsuit, but knowing what needs to be kept where and for how long and who can see it can be kind of tricky. Let’s take a minute to go over the basics.