How safe is your workplace?

Earthquakes, tornados, nuclear spillage, and unprecedented flooding have been making the news since the start of the year.  Many of the above are unexpected and unpredictable.  Yet accidents do occur normally in the work environment, and basic workplace safety precautions and rules will help prevent and mitigate potential consequences to human life and business operations when a breech to the norm occurs.

Below are what HR4Hire thinks are 10 basic safety rules which we hope will serve as a checklist for your organization.

10 “Musts” of Safety Orientation

1. Know what to do in an emergency. 
•    Make sure you cover fire and emergency evacuation procedures from Day One of hire.
•    Walk them through building escape routes and show them where to meet outside.
•    Be certain employees are informed as to who the designated Safety Coordinator is.

2. Explain to each employee established safety rules, procedures and signs.
•    Emphasize your commitment to safety and point out that, if necessary, rules will be enforced through progressive discipline.
•    Make it clear what your specific priorities and procedures are; i.e., gas shut-off, no elevators, etc.

3. Wear required personal protective equipment (PPE).
•    Go over the PPE, if required, as well as the hazards this equipment will protect against.
•    Communicate that the employee is expected to wear it correctly and wear it every time.

4. Handle hazardous materials according to instructions.
•    Discuss specific substances workers are using and go over the labels and MSDSs.
•    Cover the hazards, PPE, safe handling procedures, and emergency procedures in case of a spill and whenever new substances come into the workplace.

5. Operate equipment correctly.
•    Workers should only use equipment for which they’ve been trained and authorized.
•    They should never take it upon themselves to maintain or repair equipment unless they’ve been expressly trained and authorized to do so.
•    Instructions should be followed exactly.

6. Avoid taking safety risks.
•    Make it clear that it is never acceptable for employees to take shortcuts or engage in horseplay. 

7. Remove, repair or report safety hazards right away.
•    Emphasize that everyone has personal responsibility to correct safety problems.
•    Communicate that you expect workers to respond immediately to hazards and report them.

8. Report accidents promptly.
•    Make sure workers know what steps to take to report accidents, including where the nearest Emergency Hospital is located.
•    Witnesses to accidents must describe what happened, including time, location, and their response to any Supervisor and/or outside authorities when requested.

9. Contribute to work zone safety.
•    Communicate your expectations that individual work areas need to be kept neat and clean.
•    Make it clear that all employees are to help keep common areas free from clutter and other housekeeping hazards, such as spills, that could result in an accident or injury.

10. Take training seriously.
•    Inform workers that safety training will be an important and ongoing process.
•    They can expect training whenever new processes, equipment, or procedures are introduced, and whenever their safety performance needs refreshing.


Incorporating these “musts” in your Employee Handbook helps guarantee a safe work environment.  Additionally, Cal/OSHA has stepped up enforcement and investigations of workplace injuries will ask for proof your employees were informed of emergency procedures.

HR4Hire services include Employee Handbook creation and revision, as well as formulating required Injury and Illness Prevention Plans (IIPP).

ALERT: Final regulations for the Federal ADA requirements have been released and will take effect May 24, 2011. Compliance now means employers have to prove they are giving disabled employees and applicants EVERY consideration!

HR4Hire is ready to serve any and all of your needs.  Our HR Checklist is an excellent tool to begin a dialogue with us.  We look forward to answering any questions you might have and working together.

Please call us to set up an in-person meeting at 415-437-6755 or 707-935-3333 or email us at info@hr4hire.com.

Cordially,
 
 
Gae Shulman, President
HR4Hire
www.hr4hire.com

HR4HIRE Resource Plug: 

Our friend Anthony Ng has a electronic recycling business, Trade2Save.com, which helps lessen e-waste on the planet. If you want to sell electronics you no longer need (any working cell phones, PDA’s, MP3 player, GPS units, laptops, gaming consoles, video games, or dvd) or buy pre-owned electronics to save money and the environment, check out his website: www.Trade2Save.com

HR Intelligence Check:

When can an employer require a job applicant to undergo medical examinations?

a)    At the same time they conduct background checks to evaluate job qualifications.

b)    After they have completed background checks and given an offer of employment.


c)    Employers can never require a medical exam as a condition of employment.


Answer to be given in next month’s blog!


Answer to previous blog’s HR Intelligence Check:

The correct answer is b).  A clause in an employment contract that restricts an employee from discussing salary with his or her colleagues is prohibited by the National Labor Relation Act. Section 7 of the NLRA protects employees who engage in concerted activity — with or on the authority of other employees — undertaken for the purpose of the employees’ mutual aid or protection. Section 8(a)(1) of the NLRA prohibits employees from interfering with, restraining or coercing employees with regard to the exercise of their Section 7 rights.

The NLRA’s protections extend to cover employment relationships, even in the absence of a union, where employees are not covered by a collective-bargaining agreement and are not seeking to be represented by a labor organization.

California employers should note that state law is more expansive than the federal statute. While federal law exempts workers designated as supervisors and agricultural workers from its protection, California laws offer them protection. Therefore, employers should not prohibit any employee from discussing salary information.  (Note that independent contractors are not defined as employees.)


If you’d like to see the question this answered, please click here to read How to Hire the Right Employee.

How to Hire the Right Person

Our last blog we reviewed some of the “cans” and “cant’s” of interview questions.  This blog looks at some of the most important criteria HR4Hire has found useful in candidate evaluation. Underneath each criterion are suggested questions to help ensure the best person-job fit.

Interview Criteria Rating Form

            Name____________________________ Date___/____/_____

COMMUNICATION – VERBAL              

            How do you handle instructions with which you don’t agree with?

JUDGEMENT

            What three things will you NOT do in your next job?

PLANNING/ORGANIZATION

            Explain the planning process in a project you were involved in,

outlining the steps, difficulties encountered and your contributions.

INITIATIVE

            Describe how you gained a person’s business or a co-worker’s buy-in.

ASSERTIVENESS

            What do you expect from your next employer?

MOTIVATION

            What are the strongest assets you bring to this position?

PERSEVERANCE/RESILENCE

            It is sometimes difficult to get an immediate answer. How do you handle this situation?

ENERGY/ENTHUSIASM

   What is your proudest job-related achievement and what personal qualities helped you?

TEAM PLAYER

  How do you deal with disagreements with co-workers and/or superiors?

TIME MANAGEMENT

 Give me a two-minute rundown of your typical morning at work.

JOB STABILITY

  Describe your ideal work environment.

CAREER FOCUS

   In the next three years, what are you job goals, and how do you expect this organization to support you.

OVERALL IMPACT – OBSERVATIONS

  (This should be a summation of both verbal and non-verbal responses that would help in the candidate’s evaluation.)                        

Of prime importance is knowing what answer you, the interviewer, is looking for before posing the question.  It may be helpful to think of what is said of a good trial lawyer:  It is one who never asks a question they don’t already know the answer to!

Situational questions, which relate to the candidate’s technical abilities and job knowledge relevant to the work to be performed, are very beneficial to ask, as well.  Below are some examples of these types of questions:

  1.  This job involves launching a new product and the making of complex arrangements to insure presentations at meetings and exhibits are effective.

         Could you describe a similar instance in a past job where you coordinated a presentation?

         What was your budget?

         What was the planning process and factors you considered?

         How did you deal with outside vendors?

  2.  The company is undergoing a transition from one computer software system to another.

        How was this done at past companies you worked with?

        What were your major contributions? 

        How did you structure it? 

        What is your level of technical expertise in this area? 

        How successful were you at getting people to adapt to the transition?

HR4Hire suggests that you do this in written form, as it provides insight into the candidate’s written communication skills. This is often an overlooked factor when most jobs do require communication clearly and effectively in English.

Asking some of the same questions that appear in the employment application also is a good idea as it provides a consistency and verification check.

A Cautionary Note:  Make sure you have a well-written job description so you know exactly what the position requires and can make a good match.

Reviewing our March 2010 and August 2010 blogs, in conjunction with the information in this one, provides an excellent foundation to ensure you are hiring right!

HR4Hire can act as your recruiting function or assist you with structuring any interview, whether it be a disciplinary or counseling one, to ensure that you achieve the results you want and that the potential for litigation is greatly minimized.  We also offer Executive Coaching and can train your staff to fine-tune their interviewing skills, regardless of the interview’s purpose.

Our “Hiring Right the First Time” presentation, which can be found here on our website, may be of benefit to your company or organizations of which you are affiliated with. 

Please call us to set up an in-person meeting at 415-437-6755 or 707-935-3333 or email us at info@hr4hire.com.

Cordially, 

Gae Shulman, President 

HR4Hire

www.hr4hire.com

Please note that the city of San Francisco is increasing its minimum wage from $9.79 to $9.92 per hour effective January 1, 2011.   By law, you are required to post this new information.  Please contact us if you need additional information on what postings your organization is required to have in place.

HR Intelligence Check:

An employer wants to ask employees to sign a document that prevents them from discussing their salaries.  Which of the following acts may be violated if the employer decided to take this action?

A) The Fair Labor Standards Act (FLSA)

B) The National Labor Relations Act (NLRA)

C) The National Labor Relations Act (NLRA), but only if employees are part of a union

D) No federal act covers this topic

Answer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:  B) No

California overtime law only specifies that pay must be calculated by day and period.  If you employee works more than 8 hours in one day or 40 in a week, the employee qualifies to be paid at one and a half times their normal rate for the extra work time.

If you’d like to see the question this answered, please click here to read Never Ask vs. Can Ask – Interviewer Questions.

Never Ask vs Can Ask - Interviewer Questions

Summer is half gone and so is vacation time!  We at HR4Hire are back and ready to help you gear up for your post-summer needs, which may involve hiring some new team members.

Continuing our emphasis on the importance of the interview to ensure you’re hiring “right,” this blog explores some danger areas where posing a question can lead to a possible lawsuits. Below are some of the questions that should NOT be asked, as well as alternative methods to gather the same information while lessening the possibility of litigation.

      Danger Area – NATIONALITY

Certainly, you want to be sure that a candidate can legally work for you, but you need to be careful how you ask about their work status.

Never Ask:    Are you a U.S. citizen?  Though simple and direct, courts have ruled it discriminatory. An interviewer cannot ask where a candidate was born, either.

Instead Ask:  Are you authorized to work in the U.S.?

Never Ask:    What is your native tongue? Where is your accent from?  Again, it may offend people as there are assumptions about their language and culture.  Additionally, it is not your concern as an employer how the applicant attained fluency in a language – just that they are fluent.

Instead Ask:  What languages do you read, speak or write fluently?

Never Ask:    How long have you lived here?  It’s important not to ask about a candidate’s residency directly. Rather, ask about their current situation, and they may volunteer information about their past along the way.

Instead Ask:  What is your current address and phone number? Do you have any alternative locations where you can be reached?

       Danger Area – RELIGION

Religion is a subject that should be treaded upon lightly at the office, and even more so in interviews.

Never Ask:   What religion do you practice?  It is imperative you refrain from asking directly about a candidate’s beliefs.  If you decide to not hire them, they can claim this was the reason.

Instead Ask: What days are you available to work?

Never Ask:   What religious holidays do you observe?  Keep the questions about affirming the days a candidate can work to avoid discrimination claims.

Instead Ask: Are you able to work our required schedule?

Never Ask:   Do you belong to a club or social organization?  Candidates are not required to share such information with potential employers and it has little to no relation to their ability to do a job.

Instead Ask: Are you a member of a professional or trade group that is relevant to our industry?

      Danger Area – AGE

Courts are full of lawsuits where candidates claim they were told they were too young or old for the position. 

Never Ask:    How old are you?  While it seems like a simple question, it is in fact quite loaded. Knowledge of an applicant’s age can set you up for discrimination troubles down the road. Similarly, avoid questions that can easily determine an applicant’s age, such as “When did you graduate from high school?”

Instead Ask:  Are you over the age of 18?

Never Ask:    How much longer do you plan to work before you retire?  You can’t dismiss a candidate for this reason.  Asking about their future plans may answer this for you.

Instead Ask:  What are your long-term career goals?

       Danger Zone – RELATIONSHIPS AND FAMILY

While these generally get asked to women with children, embarrassing and assuming questions can unintentionally come out when asking about work availability.

Never Ask:    Is this your maiden name?  A candidate’s marital status isn’t something that’s required to be shared with employers.

Instead Ask:  Have you worked or earned a degree under another name?

Never Ask:    Are you straight or gay?  Even if the job is for the gay community, the candidate’s actual preference is private information.

Instead Ask:  What is your experience working within the gay community?

Never Ask:    Is your spouse Caucasian/Hispanic/African American/Asian, etc?  An interviewer has no right to know if an applicant is married and what race the spouse is.  If the position is dealing with one of these communities, you can ask about their working experience but not private life.

Instead Ask:  What is your experience working with the “x” community?

Never Ask:    Do you have kids?  This is especially true if the position involves working with children. While it may be a bonus for them to have the experience of children at home, it is not an employer’s place to ask about this.  Instead ask them about their experience and this information may come out.

Instead Ask:  What is your experience with “x” age group?

Never Ask:    Do you have or plan to have children?  This is not something an employee has to tell you. Keep the questions related to work availability issues.

Instead Ask:  Are you available to work overtime on occasion?  Can you travel?

Never Ask:    If you get pregnant, will you continue to work, and will you come back after maternity leave?   You can’t ask a woman to share her pregnancy plans.  Instead, ask about future goals and plans.

Instead Ask:  What are your long-term career goals?

Never Ask:    Can you get a babysitter on short notice for overtime or travel? How they conduct their private life, such as child care logistics, is not for you to dictate.

Instead Ask:  You’ll be required to travel or work overtime on short notice.  Is this a problem for you?

Never Ask:    Who is your closest relative to notify in case of emergency?  The candidate may not be close to relatives and prefer to list a friend.

Instead Ask:  In case of emergency, who should we notify?

Never Ask:    What do your parents do for a living?  This is not directly related to their future performance in a position.

Instead Ask:  Tell me how you became interested in the “x” industry.

       Danger Zone – GENDER

Be sure you don’t make assumptions on a person’s abilities based on their gender.

Never Ask:    We’ve always had a man/woman do this job.  How do you think you will stack up? Don’t ask directly how being a man or a woman could affect the job.

Instead Ask:  What do you have to offer our company?

Never Ask:    How do you feel about supervising men/women?  The candidate may not have any issues with the opposite sex and you’ll seem crass for even bringing it up.

Instead Ask:  Tell me about your previous experience managing teams.

Never Ask:    What do you think of intra-office dating?  This may even be interpreted as a come-on.

Instead Ask:  Have you ever been disciplined for your behavior at work?

       Danger Zone – HEALTH AND PHYSICAL ABILITIES

Avoid discriminatory assumptions when asking about a candidate’s health and abilities.

Never Ask:    Do you smoke or drink?  Don’t ask this directly.

Instead Ask:  In the past, have you been disciplined for violating company policies forbidding the use of alcohol or tobacco products?

Never Ask:    Do you take drugs?  Prescription drug needs are off-limits to ask about, but you may ask about illegal drug use. However, forced self disclosure of criminal activity could fall into a discussion around defamation that the company may not be prepared to defend.

Instead Ask:  Have you used illegal drugs in the past “x” (2 or 6) months?

Never Ask:    How tall are you?  How much do you weigh?  These are not necessary relevant to the candidate’s ability to do the job, even one requiring physical labor.

Instead Ask:  Are you able to reach items on a shelf that’s “x” feet tall? Are you able to lift supplies weighing “x” pounds? 

Never Ask:    How many sick days did you take last year?  Take a look at missed days as a whole to measure a candidate’s commitment. Even healthy people get sick from time to time.

Instead Ask:  How many days of work did you miss last year?

Never Ask:    Do you have any disabilities?  You only need to find out if the applicant can handle the job’s requirement.

Instead Ask:  Are you able to perform the specific duties of this position?

Never Ask:    Have you had any recent or past illnesses or operations?  Illness isn’t something most people can help.  What you need to know is if they can perform the job functions.

Instead Ask:  Are you able to perform the essential functions of this job with or without reasonable accommodations?

       Danger Zone – MISCELLANEOUS

Residence, legal troubles and military service

Never Ask:   How far is your commute? Do you live nearby? You can’t choose candidates based on their location, only their ability to the job.

Instead Ask:  Are you able to start work at 8 a.m.?  Are you willing to relocate?

Never Ask:    Have you ever filed bankruptcy? Questions about your financial status, whether you own a home, or have previously had wages garnished are off-limits.

Instead Ask:  If good credit is a part of job, the company has the right to conduct a credit check.

Never Ask:   Have you ever been arrested?  A candidate only needs to disclose convictions and you should only ask about crimes that relate to your concerns.

Instead Ask:  Have you ever been convicted of “x” (fraud, theft, and so on)?

Never Ask:    Were you honorably discharged from the military?  You can’t ask about their military record, however, in talking about their experience it may be volunteered.

Instead Ask:  Tell me how your experience in the military can benefit the company.

Never Ask:   Are you a member of the National Guard or Reserves?  If the candidate thinks this is why you did offer them the position, you will have a lawsuit on your hands.

Instead Ask:  Do you have any upcoming events that would require extensive time away from work?

The information in this blog is especially important, as one group who has seen an increase in business is employment lawyers representing plaintiffs bringing discrimination suits against past and prospective employees (see article “Jobless boom gives a boost to employment lawyers,” by Kathleen Pender, San Francisco Chronicle Section D, July 11, 2010) 

HR4Hire can act as your recruiting function or assist you with structuring any interview, whether it be a disciplinary or counseling one, to ensure that you achieve the results you want and that the potential for litigation is greatly minimized.  We also offer Executive Coaching and can train your staff to fine-tune their interviewing skills, regardless of the interview’s purpose.

Our “Hiring Right the First Time” presentation, which can be found here on our website, may be of benefit to your company or organizations of which you are affiliated with. 

Please call us to set up an in-person meeting at 415-437-6755 or 707-935-3333 or email us at info@hr4hire.com.

Cordially,  

Gae Shulman, President 

HR4Hire 

www.hr4hire.com

HR Intelligence Check:

A retail employer requires employees to work on Labor Day Monday, September 6^th, a busy sales day for the store.  One of the employees will not work unless she is paid premium pay.  Must the employer pay higher wages to employees who work on the holiday?

A)  Yes

B)  No

C)  Maybe

Answer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:A) A selection rate for any race, sex, or ethnic group which is less than four-fifths of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact.

If you’d like to see the question this answered, please click here to read Interviewing is Just Talking to People, Isn’t It.

Interviewing Is Just Talking to People, Isn’t It?

HR4Hire Blog March 2010

It would seem a simple task to interview, as it is alternatively speaking and listening to another person.  Employment interviewing may have more specific parameters, as one is assessing qualifications and fit for a job requiring specific skills within an organization with its own culture.  But the actual interview, regardless of context, embodies the same basic principles we use when talking – in a sense, every conversation is an interview.

Before tackling interviewing do’s and don’t’s and how’s and how not to’s, this blog examines some of the principles of successful interviewing which can be applied to all our interactions with others. After all, in the broadest sense, all communication can be considered an interview.

The definition of an interview is a communication process involving two people, one of whom has a definite purpose and both of whom speak from time to time and in which the non-verbal, intentional and unintentional behaviors of one party cannot be analyzed. It is two people acting together, influencing the other and, in turn, being influenced.  Even when group and panel interviews are used, they contain multiple two-person relationships. Rapport building, often disguised as chatting or small-talk, also has a distinct purpose in the interview.

There are four qualities that specifically affect two-person interviews or dyadic communication:

• Proximity
• Intimacy
• Uniqueness
• Simultaneous Message Exchange

Proximity

You have probably listened to a lecture or an after-dinner speaker and yawned out of fatigue or boredom.  This probably went unnoticed by the speaker, but in an employment interview, it can have significant impact. For example, glancing at your watch or scratching your nose can result in a number of interpretations or misinterpretations, such as “Am I talking too long?” or “Doesn’t she like me?”  Communication behaviors that have little effect in larger informal situations can become critical in the interview.

Intimacy

Dyadic transactions have the most pleasant and paradoxically the most destructive of relationships. Classic confrontations, i.e. mother/daughter, husband/wife, employer/employee, can provide enjoyment and support, but also deteriorate into personal warfare. Interviewers must realize the constructive and destructive potential of any one-on-one situation.

Uniqueness

Each interview has its own set of rules. Think of how you express the same idea to your closest friend, your parents and your supervisors.  Would you use the same words, tone of voice, gestures?  Probably not.  Each communication requires subtle adjustments.

How the above qualities, proximity, intimacy, and uniqueness, interact can be seen it what is known as “elevator communication.”  People may be talking freely and laughing; however upon entering the elevator they fall into very hushed tones or more typically, silence, their eyes riveted to the flashing floor numbers.  When the doors open, there is usually a sigh of relief, particularly if riding with strangers or where the environment in unfamiliar. This occurs because riders are thrown from one spatial environment to another, the levels of intimacy change, and the comments, gestures and postures used outside become inappropriate in the elevator.  The same thing occurs in most interviews. A good interviewer must be able to sense and make adjustments to each unique interviewing experience.

Simultaneous Message Exchange

The fact that interviewer and interviewee are sending messages simultaneously greatly complicates the communication behavior and often places roadblocks. While one person is speaking, the other person is responding to their language, facial expressions, dress, attitude, body position and perceived status. While the speaker is speaking, they are attending to the many behaviors of the listener, necessitating effective interviewers to speak and listen at the same time.

During an employment interview, the interviewee may observe the interviewer arching eyebrows, shaking head, leaning forward or back, smiling or frowning.  This non-verbal feedback may begin to control the interviewee’s communication behavior.  In many instances, if the interviewee perceives they are not coming across, their rate of speech may increase, their pitch may rise, or their gestures may be more frequent and energetic.  As the interviewer in an employment interviewer, a good question to ask yourself is “What has the effect of my non-verbal behavior been?”

Employer / employee interviews are conducted for many different reasons. Among them are:

• Hiring
• Orientation
• Goal-setting
• Problem-solving
• Counseling
• Discipline,
• Exit interviews

It is most helpful to bear in mind that information getting and giving encounters which happen throughout every working day are basically interviews.

It is my hope that this blog will serve to make you more aware of the many factors involved and make you a better interviewer.   Our next one will highlight the do’s and don’t’s of interviewing and structuring process questions.

HR4Hire can act as your recruiting function or assist you with structuring any interview, whether it be a disciplinary or counseling one, to ensure that you achieve the results you want and that the potential for litigation is greatly minimized.  We also offer Executive Coaching and can train your staff to fine-tune their interviewing skills, regardless of the interview’s purpose.

Our “Hiring Right the First Time” presentation, which can be found here on our website, may be of benefit to your company or organizations of which you are affiliated with.

Please call us to set up an in-person meeting at 415-437-6755 or 707-935-3333 or email us at info@hr4hire.com.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Intelligence Check:

What constitutes Disparate Impact Discrimination? In many HR areas, it is not always clear. In 1978, the Equal Employment Opportunity Commission adopted the Uniform Guidelines on Employee Selection Procedures (UGESP). UGESP provided guidance for employers about how to determine if their tests and selection procedures were lawful for purposes of Title VII disparate impact theory. Under the guidelines, what is the “four-fifths rule”?

A) A selection rate for any race, sex, or ethnic group which is less than four-fifths of the rate for the group with the highest rate will generally be regarded as evidence of adverse impact.

B) A selection rate for any race, sex, or ethnic group which is more than four-fifths of the rate for the group with the highest rate will generally be regarded by the federal enforcement agencies as evidence of adverse impact.

C) Four-fifths of employment tests must be multiple-choice questions.

D) Four-fifths of employment tests must be True or False questions.

Answer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:

It is permissible to ask whether a person has ever been convicted of a crime, within certain limits, on the job application.  For specific examples, please contact info@hr4hire.com, and putting in the subject line: Conviction Status Questions

If you’d like to see the question this answered, please click here to read Be Ready to Hire Your Next “Best” Employee.

Be Ready to Hire Your Next “Best” Employee

HR4Hire Blog January 2010

2009 was the year that was. 2010 is a year of possibilities and one of them is the potential need to hire someone.  While your need may not be immediate, the good news is that you now have time to consider the factors and processes involved to ensure you’re hiring right and have the best job-person fit.

Hiring a successful person can be a lot like looking for a lost contact lens – you may know what you’re looking for, but you often can’t see clearly enough to find it!  The more care taken in the selection process, the greater the chance of hiring right the first time. This results in reduced cost, savings in time, money and training, and gains in morale and productivity, making it worth the effort expended.  The difficulty in getting detailed performance information on reference checks because of potential litigation makes careful selection even more critical.  Effective planning of the interview process allows for thorough assessment of applicants’ capabilities and their match with position requirements that fit with organizational structure and goals and provides the best protection against inappropriate hires.

The following are suggestions to enhance success in the selection process.

A good place to start is to ensure that a job description with defined tasks and stated qualifications is in place. Make sure the Job Description is accurate and current  -  review it carefully. The Essential Functions of the Job and the Essential Job Requirements define what a prospective employee must have to effectively perform the job and contribute to the Company.

Remember not to compromise on the “essentials” – most poor hiring decisions are made as a result of overlooking an essential requirement and/or being influenced by the presence of a desirable, but not essential “add-on” qualification.

Consider not only your own view of the job but also the input of Supervisors and/or current or past position holders. It does happen that two people with the same position description have widely diverging opinions on what their job is and what their contributions should be.  This is also a great opportunity to dialogue with employees in a very non-confrontational manner to find out how they perceive their role in the company.

Before posting or advertising the job, consider the best resources to broadcast your opening. Today the Internet has replaced, to a large degree, previous methods. It is important to determine what site would yield the best candidates and the least unqualified applicants. It is, however, critical that your posting delineates the necessary qualifications in terms of skills, previous experience and schooling. Otherwise, it’s very possible that you may wind up reading 200 resumes to find one qualified applicant.

It is advisable to have one person coordinate the effort and equally as important to determine, before posting, who will be involved in the actual interviewing process, what their role will be and what are the steps in the process.  For example, it does happen that the person doing the pre-screening is not the initial interviewer and their viewpoints diverge, resulting in frustration and lost time. In specific instances, advertising in a trade journal or industry magazine or forum may be the best place to post an opening. There is one built-in resource that is sometimes overlooked – your own employees.  It’s a very cost-effective method, especially if a bonus for employee referrals is available.

Planning the Interview

Be certain you have a clear understanding of the job for which you will be conducting the interview.

• Distinguish between those requirements that are technical in nature and behavioral in nature, i.e. able to perform chemical analysis is technical, while behavioral requirements refer to how a person needs to act to fulfill a given responsibility, such as self-motivated, well-organized, attentive to detail.  It is easier to determine whether an applicant is technically qualified.  When assessing behavioral requirements be aware of your potential biases.

• Prepare a set of job-related questions to ask.  If possible, include actual situation-based questions which will elicit responses as to the way an applicant will react to or handle a given set of circumstances.

• Prepare a Written Job Questionnaire, which should be given to the applicant prior to the interview.  These questions provide information on the applicants’ writing, English, and information organizational abilities, as well as insight on what they consider important in a job and provide an additional source for meaningful interview dialogue.

• Be certain to set aside times in advance when interviews can be scheduled so you are prepared to set a definite appointment with the candidates.  Coordination of the interview schedule, if the candidate will be meeting with more than one person, is crucial.

• Be sure you have a Job Application form, Reference Release, and any documents related to Applicant Background Checks that are legal and necessary to candidate evaluation. Take note that a number of federal and state laws prohibit discrimination in employment and even information obtained inadvertently about the applicant’s background which is not legal can result in litigation.

This blog was devoted to planning the interview. Subsequent blogs will cover resume/application review, conducting the interview, what to ask and what not to, candidate evaluation, salary negotiation and employment offers.

HR4Hire can act as your recruiting function or assist you with any aspect of the hiring process. If you don’t have a written Job Description for the opening, see our earlier blog about how to create one or contact us to assist you in writing one. We can also tailor-make an Application and Written Job Questionnaire that will result in only qualified applicants for in-person interviews.  Some of our most satisfied clients have been companies with less than 20 people who benefitted from our “outsider perspective.”

Our “Hiring Right the First Time” presentation, which can be found here on our website, may be of benefit to your company or organizations of which you are affiliated with.  Please call us to set up an in-person briefing on this critical area at 415-437-6755 or 707-935-3333 or email us at info@hr4hire.com.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Intelligence Check:

When can you ask a potential employee if they have ever been convicted of a crime? How does the question need to be phrased and are there any caveats?

Answer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:

The correct answer was:  D) 25 cents in 1938; $7.25 Federal; $8.00 State as of July 24, 2009

If you’d like to see the question this answered, please click here to read How to Make a Performance Evaluation a Win-Win Situation

How to Make a Performance Evaluation a Win-Win Situation

HR4Hire Blog September 2009

Our previous blog gave guidelines for preparing for a Performance Evaluation, whether formal Reviews or performance discussion memos.  This blog covers the timing of, specifics of conducting, and critical considerations relating to Performance Evaluations.

When to Conduct a Performance Review

The timing of a Performance Review is important.  HR4Hire suggests a formal one:

A.     After the first ninety days of employment (or after ninety days in a new or restructured position.)

B.     Once a year after the initial ninety day period, at a minimum.

A formal Performance Review should be in writing and follow a standard template. All employees in the same job categories should be reviewed using the same form. Employee Handbooks usually stipulate the when, and how often, a review is done. Failure to follow the Handbook can lead to employee relations problems and litigation.

Formal Performance Reviews can be done individually by both the supervisor and the employee and, at the actual meeting, differences can be discussed followed by a final sign-off by both parties.  Alternatively, it can be done “top down” using the supervisors’ evaluation as the starting point for the performance discussion.

Performance Evaluations should also be done:

C.     As often as is warranted by the job situation and the employee’s performance to provide timely feedback and correct problems.

D.    Whenever an employee requests one.

These can either be done using the formal Performance Review form or can be written up in memo form as “Performance Discussions” which become part of the employee’s record.

Specifics of Conducting the Performance Review

Effective communication is a key to the process:

·        Let employees know what the process is and by what standard they will be measured;

·        Set aside time to conduct the performance evaluation in private;

·        Let the employee know ahead of time when it will be conducted;

·        Show the employee the form to be used and/or acquaint them with the process.

Strive to establish a “coaching” relationship in the performance evaluation process.  Although the performance evaluation is intended to be a positive process, sometimes it is not.  Every supervisor must be encouraged to evaluate every employee accurately.  Where an employee’s performance is poor, the appraisal should so indicate, clearly and unequivocally.

Substandard performance, or even average performance, should not be described in such a way that the employee believes that his or her performance is better than that.  Emotions or time constraints must not be allowed to affect or undermine the evaluation process.  If an employee is terminated for poor performance, but all of his or her previous reviews were good or vague, the employee may cause you great difficulty in a wrongful termination lawsuit.

Performance Evaluation Considerations

Legislation and court rulings, especially in the Equal Employment Opportunity area, have identified the following red flags to be aware of when conducting performance evaluation:

·        Be certain the rating criteria and standards selected are job-related.

·        Supervisors must have been able to consistently observe the employee in performing assigned tasks.

·        Supervisors must use the same rating criteria.

·        Employees must be rated against standards rationally related to their job.

·        Criteria used in rating employees must not be vague or subjective.

·        All raters must understand what the rating criteria mean and have the interpersonal skills to effectively conduct the performance reviews.

·        If an employee has more than one supervisor, the evaluation must be conducted with input from all involved.

Common Errors

Be aware of the following common errors that can distort the evaluation:

·        Basing the review on the most recent behavior instead of the whole period of employment.

·        Allowing irrelevant or non-job related factors, such as physical appearance, social standing, or personal habits to influence the evaluation.

·        Failing to include unfavorable comments even though justified.

·        Rating everyone as average.

·        Allowing one aspect of the employee’s performance to distort the rest of the review.

·        Permitting personal feelings to bias the review.

In Conclusion

·        A Performance Review without a job description is a no-no. (Click here for guidelines from HR4Hire’s Job Description Blog.)

·        Time taken to think about what and how you communicate is key.

·        All documents relating to performance must be signed by relevant participants.

·        Employees are entitled to view any documents in their personal file.

HR4Hire has performance review forms that allow one to zero in on critical skills and behaviors for both exempt and non-exempt employees.

If you would like to discuss your performance evaluation process, please email us at info@hr4hire.com or call 415-437-6755 or 707-935-3333.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Intelligence Check:

What was the first federally mandated hourly minimum wage amount as stipulated by law in 1938, and what are the current federal and California hourly minimum wage amounts? (Note: some cities also have mandated hourly minimum wages for employees which differ than the federal and state amounts.)

A) 10 cents in 1938;       $7.75 Federal;    $8.25 State as of July 24, 2009

B) 15 cents;                  $7.00;               $8.50

C) 20 cents;                  $7.50;               $8.75

D) 25 cents;                  $7.25;               $8.00

Answer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:

The correct answer was:  A) Connecticut, Iowa, Maine, Massachusetts, New Hampshire, and Vermont

If you’d like to see the question this answered, please click here to read the Performance Communication and Evaluation Blog from August 2009

Can I Get More From My Employee?

Performance Communication and Evaluation Blog August 2009

The present economy may necessitate asking “more” of employees. However, employees are often unclear about their supervisor’s expectations and the value of their contributions. Performance communication and evaluation is the process that clarifies objectives, sets goals, assesses an individual’s contributions, affords two-way communication and the opportunity for feedback.

HR4Hire has noticed that this opportunity is one that too many employers, especially smaller firms, often fail to take advantage of to their determent. We can provide formats and coach staff on the best way to have meaningful and continuous contact and turn that into business gains.

The specific components of the performance communication process are:

• Clear Communication of Job Responsibilities and Expectations
• Setting of Goals
• Ongoing Feedback and Guidance Regarding Performance
• Summary Performance Evaluation Highlighting Achievements and Areas Needing Improvement
• Development Plan and Restatement of Job Responsibilities

NOTE: Effective performance communication is an ongoing cyclical process for both supervisor and employee.

New employees or employees with performance problems will require more attention, but it is important for supervisors to continue performance communication with long-term, highly productive employees as well.

Encouraging employees to raise performance questions and ask “how am I doing” outside of a formal performance evaluation is a hallmark of a good supervisor. These conversations, which may be directed to fixing a problem, are also opportunities to deliver praise and encouragement. Employee surveys rank among the first five factors workplaces where communication is open in assessing the satisfaction with their employer.

The performance evaluation is usually a formal procedure, which should be dictated by written timelines stated in an employee handbook or at the time of hire.  The time can also be mutually agreed upon whenever there is an issue to be resolve. Ideally, one should be done within the first three months of hire and then once every six months after that.

PREPARATION FOR PERFORMANCE EVALUATIONS:

When preparing for performance evaluations, these are the key points to keep in mind:

There should be no surprises. If you have done an effective job of ongoing performance communication, there should be no reason for the summary evaluation to contain new information.  Negative surprises, especially when reduced to writing, act as de-motivators.  Balanced feedback, given in a supportive way, encourages employees to try to correct deficiencies and to strive for high performance levels.

The evaluation should be balanced. There are positive aspects of almost everyone’s performance, and there is also almost always room for improvement in some areas.  Both types of performance should be covered in a summary evaluation.  Constructive criticism should never be avoided since failing to advise an employee of deficiencies almost guarantees that those deficiencies will not be corrected.

The evaluation should be participative. Dialogue is important, especially in terms of making sure an employee understands the points made in the evaluation.

The evaluation should cover the entire evaluation period, not just the last few weeks or months. Therefore, it is very important that you keep notes throughout the year which can then be used to summarize the entire year’s experience. These can be formal notations in Employee’s Personnel Log which employee is entitled to see upon request or can be notes kept in supervisor’s file under lock and key.

If providing criticism about performance, give recommendations about what the employee should do or must do. To provide constructive criticism, try to use phrases like, “Here are some ways to increase your effectiveness,” or “In the future you might try…”

In writing the evaluation, provide specific examples that illustrate trends or support your ratings rather than draw generalized conclusions about the employee’s behavior. For example, if an employee constantly argues, record specific incidents with dates and times and behaviors observed, rather than writing, “The employee is hostile toward co-workers when in a bad mood,” you might write, “On five separate occasions, the employee got into arguments with co-workers in staff meetings, raising their voice.”:

My belief is that performance evaluations are most effective when they are done by both the supervisor and the employee and, when the actual performance discussion is held, their respective views are aired and reconciled if need be.  The forms a solid basis for setting goals and is an effective way the employer can get more and the employee has a clear idea of where they stand and what they can hope for.

HR4Hire has performance evaluation forms that allow one to zero in on critical skills and behaviors for both exempt and non-exempt employees.

If you are interested in receiving a copy or would like to discuss your performance evaluation process, please email us at info@hr4hire.com or call 415-437-6755 or 707-935-3333.

An important caveat:  Good JOB DESCRIPTIONS are the foundation that performance communication rests on.

Our next blog will deal with how to best conduct a performance evaluation, common errors to be avoided, and important considerations in regard to applicable laws.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Intelligence Check:

Some states allow same-sex couples to marry. While federal law still only recognizes marriage between a man and a woman, the states’ legislation is significant for employers because of the host of benefits and tax breaks for married couples governed by state law. As of January 2010, what 6 states will allow same-sex couples to marry?

A) Connecticut, Iowa, Maine, Massachusetts, New Hampshire, and Vermont

B) California, Hawaii, Michigan, New Hampshire, Vermont, and Wisconsin

C) California, New Hampshire, New York, New Jersey, Rhode Island, and Vermont

D) Connecticut, Massachusetts, Nevada, New York, Rhode Island, and Pennsylvania

Anwer to be given in next month’s blog!

Answer to previous blog’s HR Intelligence Check:

The correct answer was:  a) Yes, the Supreme Court recently said that an employee is protected from retaliation for opposing discrimination if he or she reports discriminatory conduct during an internal investigation of another employee’s complaint in Crawford v. Metropolitan Gov’t of Nashville and Davidson County, No. 06-1595, in January 2009.

If you’d like to see the question this answered, please click here to read the Dress Code Blog.

Summer is Here - What Can I Wear?

Dress codes are a potential minefield, and summer often leads to a larger show of skin, garb such as tank tops and shorts, and displays of tattoos and piercings not visible at other times of the year.  But are they appropriate office wear?

There is no federal law on dress codes.  The following are some guidelines:

Dress codes can be different for male and female employees. The standards for each gender must be reasonable for your business environment. Generally, courts take the position that since dress codes do not involve immutable characteristics, they do not necessary affect bias.

The best protection is to avoid requirements that differentiate solely because of gender. “Suit and tie” would best be replaced by “professional business attire.”  Some states have passed laws affecting dress codes. California law prohibits employers from restricting women from wearing pants in their company dress code.

In general, an employer’s best bet is to limit dress codes to health and safety concerns, and to those employees whose jobs require them to deal with the public on a face to face basis.  Employers should closely scrutinize the potential impact of a dress code stipulation on minorities, women, members of religious groups or people with disabilities.  If the implementation of a dress code rule may have a disparate impact on one or more of these groups, you should have a business reason for the rule and make reasonable accommodations for employees that might be put at a disadvantage because of it.

Business reasons include promoting a positive image, improving productivity, and complying with health and safety standards.

Clear communication of your policy, the reasons behind it and the consequences of failure to comply are critical to avoiding potential litigation. Courts have held that long beards and flowing robes can be prohibited where public health concerns exist, as in food service, but sanctions have been levied for prohibiting the wearing of yarmulkes and other religious head coverings. EEOC guidelines caution employers that prohibiting forms of ethnic dress, such as traditional African or Indian attire, could be deemed discrimination on the basis of national origin.

Employees may be required to wear uniforms, but this must be consistently applied regardless of gender.  Instances where the uniform requirement may be seen as risqué or suggestive have been closely scrutinized by the courts. Employers requiring uniforms also have additional responsibilities regarding the payment for, supply and upkeep of them.

Complications may arise as casual dress is the norm today in many offices. When implementing a casual dress code, it is important that you are clear on where you draw the line. If flip-flop sandals, cut-off shorts or t-shirts with sayings and slogans are not appropriate in your work place, state that unequivocally, preferably in writing. Whatever prohibitions you put in place, remember to equally apply them.

The right balance between requiring appropriate dress among your employees and respecting their legal rights will remain tricky, especially with younger employees who may have never worn “business clothes.”  Statistics from recent studies have found that approximately half of Americans in their 20s have a body piercing somewhere beside their ears and one in four Americans between 18 and 50 are tattooed.

To sum up, it is very helpful to know what dress code standards others in your industry and settings have and to insure that if yours are significantly different, you have appropriate reasons for adopting them. Be certain you communicate your policy very clearly, are consistent in its application, and that your employees understand the reasons behind a prohibition.  Respect religious or ethnic clothing choices whenever they do not conflict with health and safety concerns and justifiable business practices.

Should you like to update or implement a dress code policy, HR4Hire looks forward to working with you to make sure the written policies protect you and are clearly understood by your employees.

Please forward this to those whom it may benefit.  We can be reached at info@HR4Hire.com or at 415-437-6755 or 707-935-3333 for further information.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Intelligence Check:

Employee A does not disclose that she had been sexually harassed until her employer questioned her about a co-worker’s sexual harassment complaint (against a third individual).  Employee A revealed that the alleged harasser had also sexually harassed her in the past.  Does federal law protect Employee A from retaliation by the employer?

a) Yes, the Supreme Court recently said that an employee is protected from retaliation for opposing discrimination if he or she reports discriminatory conduct during an internal investigation of another employee’s complaint.

b) No, the Supreme Court recently said an employee isn’t protected from retaliation for opposing discrimination if he or she reports discriminatory conduct during an internal investigation of another employee’s complaint.

c) The Supreme Court hasn’t ruled on this particular issue yet, so it is still unclear.

Answer to previous blog’s HR Challenge Question:

Employers may be able to make deductions from an employee’s accrued vacation or PTO leave bank during a short-term lay-off without affecting that person’s FLSA-exempt status, so long as the employee’s salary remains constant for the pay period. Therefore, an employer could implement short-term lay-offs, so long as each affected employee received compensation for the time off.

If you’d like the read the question this answers, scroll down to the bottom of the April 2009 blog on Job Descriptions or click here.

(according to Organization: Ogletree, Deakins, Nash, Smoak, & Stewart, P.C.
Newsletter: Employment And Labor Update - March 2009)

Job Descriptions

There is nothing like corruption, in this case a corrupted website, to heighten one’s awareness of the need for vigilance.  My recent experience raises the question of “What is the best protection available?”  For websites, it’s a worm protection program.  For employers, it’s up-to-date job descriptions that reflect the actual work done.

A well-written job description clarifies whether positions classified as exempt really meet the criteria for administrative, executive, professional, computer, or outside sales exemptions of the Federal Labor Standards Acts (FLSA) and the State of California’s Wage and Hour laws.

Misclassification can have serious consequences. One employee complaint, justified or not, can launch a government investigation and double damages are possible unless it can be proven that it was a good faith action.

Unfortunately, Wage and Hour lawsuits are on the upswing as:

1)    Grey areas exist in the dividing line between exempt and non-exempt, e.g. off the clock work.

2)    FLSA violations are among the government’s prime targets at present.

3)    Attorneys are aggressively seeking wage and hour suits as they are relatively easy to file.

4)    High unemployment increases employees propensity to file suits.

Good job descriptions are also the key to an effective, responsive Human Resource function.

Their many benefits include:

• Making all those in a particular job designation aware of their specific tasks associated with the job title and accountable for the successful performance of those tasks

• Having the necessary information and facts to recruit the best qualified individuals
• Permitting job applicants to determine their own interests and qualifications for the job
• Assuring salaries are internally consistent and competitive in the marketplace
• Heightening awareness of any safety or health considerations associated with the position
• Facilitating compliance with the Americans with Disabilities Act (ADA)
• Providing structure for orientation, training, evaluating job performance and setting goals

I have included some suggestions for criteria useful to define the Essential Job Functions of a position:

• Direct relation to purpose and organizational role of the job
• A significant percentage of time is spent on this function
• Organizational difficulty would be created if transferred to other employees
• Serious consequences would result if the function were not performed by this job
• Requirement by union contract, licensing laws, health and safety requirements, etc
• All past job holders performed this function and nothing has occurred that would cause this to change
• Current employees perform this function

Whether creating job descriptions because you realize their benefits or to avoid potential consequences, doing so protects you.  HR4Hire can help create job descriptions that safeguard and support your objectives.

Please forward this to those whom it may benefit.  We can be reached at info@HR4Hire.com or at 415-437-6755 or 707-935-3333 for further information.

Cordially,

Gae Shulman, President

HR4Hire

www.hr4hire.com

HR Challenge Question

Can an employer require exempt employees to use accrued vacation time during a company shutdown of less than a workweek without affecting their exempt status, according to the Department of Labor?

A) Yes, provided the employees receive in payment an amount equal to their guaranteed salary.

B) No, the employer cannot require exempt employees to use accrued vacation time during a company shutdown of less than a workweek without affecting their exempt status.

Answer to be given in the next blog!