8 Guidelines for Conducting Background Checks

A number of employers use background checks to evaluate prospective and current employees. Background checks can provide a wide variety of information for employers to use when evaluating qualifications and character, including work and education experience, criminal records, driving records, credit history, and history of workers’ compensation claims. Background checks can help to ensure a qualified workforce and they can be used to protect the safety of employees, clients, and the public.

Due to the nature of the information contained in background checks, federal and state laws set limits on obtaining and using background check information to make employment decisions. While most employers use background checks for legitimate business purposes, the laws are in place to prevent discrimination and protect individuals’ privacy.

The following are some general guidelines for conducting background checks.

1. The information sought should be job-related.  Before conducting a background check, employers should verify that the information sought is relevant to the job. In doing so, employers should consider the nature and duties of the position. For example, a motor vehicles check may be appropriate for an employee who would regularly drive a vehicle in order to conduct company business, but it may not be appropriate for an employee who works exclusively in the office.
2. Make conditional job offer first.  Employers should conduct background checks after they have made a conditional job offer. The job offer should be made in writing and include a statement indicating that the offer is contingent upon successful completion of a background check and any other pre-employment requirements.
3. Comply with the FCRA. The Fair Credit in Reporting Act outlines specific rules for obtaining and using consumer credit and investigative reports for employment purposes. The FCRA applies to employers that use third parties to investigate and conduct background checks, regulating how employers may obtain and use the information disclosed in consumer reports. Covered employers must ensure that they comply with the FCRA’s notice, disclosure, and authorization requirements, which require employers to obtain written authorization before conducting background checks and to follow certain steps before taking adverse action based on the information in these types of reports.
4. Follow the EEOC’s guidance on arrests and convictions. Federal law does not expressly prohibit employers from asking about arrest and conviction records. However, many state laws do. Therefore, employers should know their specific state restrictions and should proceed with extreme caution before asking about arrest and conviction records. The Equal Employment Opportunity Commission (EEOC) maintains that employers cannot use arrest records alone to exclude an individual from employment. In fact, the EEOC says that for arrest records to be considered at all, they must be related to the position sought.  Furthermore, the employer must evaluate whether the applicant actually engaged in the misconduct. With respect to the use of conviction records, employers should consider the following three factors: (1) the nature and gravity of the offense; (2) the time that has passed since the conviction and/or completion of the sentence; and (3) the nature of the job held or sought. The EEOC’s guidelines are available here.
5. Comply with state laws.  As noted above, several states have laws restricting the information that may be obtained in background checks.  Recently, some states have approved laws that generally prohibit employers from using one’s credit history to make employment-related decisions. Additionally, some states have established limits on employers’ use of criminal records. On the other hand, some states require employers hiring for certain types of positions to conduct background checks, such as those filling positions that involve the care of children, the disabled, or the elderly. Be sure to review your applicable state law to verify that your background check practices comply.
6. Notify applicants.  In addition to complying with any notice requirements of state and federal law, employers should notify applicants early in the hiring process that background checks are part of the company’s selection process.  That way, there are no surprises when the employer makes a conditional job offer that includes the background check requirement. Employers should always obtain written consent before performing any type of background check on an applicant or employee.
7. Apply background checks consistently.  In general, and pursuant federal and applicable state laws, employers have discretion in deciding which positions are subject to a background check, but they shouldn’t be selective in determining which individuals receive background checks. In other words, if an employer mandates background checks for a particular job, the employer should ensure that all individuals who receive a conditional job offer for that position are required to undergo a background check.
8. Ensure confidentiality.  Employers should take steps to protect the privacy of applicants and employees, such as establishing security protocols for background check information and training employees who will have access to such information.

Background checks are an important yet complex aspect of human resource management.  Employers should develop policies and procedures and review them regularly to keep up with ever-changing federal and state laws.

Loaded questions, firing Baby-Boomers, and banning hats in the office: How to protect against discrimination suits with a comprehensive EEO policy

FACT: There were nearly 100,000 claims filed with the Equal Employment Opportunity Commission (EEOC) in 2008. With recent increases in the number of out-of-work Americans, this figure is likely to rise in the coming years; meaning that no business—even yours—is fully immune to discrimination claims.More and more disgruntled employees are alleging discrimination in situations where they may have been passed up for another candidate, they were fired for poor performance, or they weren’t promoted as quickly as they thought they should be. To protect against claims like these, it’s necessary to have a solid, and consistently applied, policy on equal employment opportunities.

Consider these seemingly innocent actions taken by you and members of your staff:

• A manager asks an interviewee, “What year did you graduate high school?”
• To give the company a more professional feel, you issue a policy banning hats in the workplace
• You terminate a 60-year-old woman whose performance has been declining
• You tell several male employees that they “can bring their wives” to the company picnic

Intentions aside, if the employees in the above situations feel that the underlying reason for these or subsequent actions is not based solely on job-related and performance issues, they can claim discrimination based on age, religion, or family/marital status. You would then be left to prove to the court that your actions were not based on personal characteristics, but rather valid job-related circumstances.

Don’t become another statistic: Use the following 8 key considerations when drafting an anti-discrimination policy:

1. Define the purpose. The purpose of your anti-discrimination policy, which is to provide equal employment and advancement opportunities to all individuals, should be clearly defined from the start. As such, employment decisions must be based on merit, qualifications and abilities, without regard to an employee’s (or a potential employee’s) race, religion, sex, national origin, age, or disability.
2. Identify protected groups. Clearly define which groups are protected from discrimination, and keep in mind your state’s civil rights laws when doing so. For example, discrimination with regards to gender identity and sexual orientation is prohibited in certain states, but is not currently protected under federal law. Employers should check their state-specific requirements in order to ensure compliance with the law, provide for appropriate employee protections, and demonstrate the company’s commitment to non-discriminatory practices.
3. Provide examples. Provide examples of the types of employment decisions that are made without regard to one’s protected characteristics. These include decisions relating to selection, job assignment, compensation, discipline, termination, and access to benefits and training.
4. Identify a contact. Let employees know who they can seek out if they have questions or concerns about the company’s EEO practices. Employees with questions or concerns should be encouraged to bring these issues to the attention of their supervisor or the human resources department.
5. Include an anti-retaliation clause. Employees should know that they are protected from retaliation. As such, it’s important to clearly state that no employee will be discriminated against, or discharged, for bringing about a complaint of discrimination or for assisting in an investigation into discriminatory practices.
   

6. Describe the consequences. Clearly describe the consequences for engaging in discriminatory behavior. Anyone found to be engaging in unlawful discrimination should be subject to disciplinary action, up to and including termination of employment.
7. Communicate your policy. All employees should be aware of your company’s policy on discrimination. Hold staff meetings distribute memos, and post the policy in breakrooms so that the severity of the issue hits home. It’s important to not only communicate the policy to your staff, but to stand by it as well. Doing so will demonstrate that you value, and strive for, a discrimination-free workplace.
8. Follow company policy. Having an EEO policy in place is important for communicating the company’s commitment to preventing discrimination in the workplace. However, failing to follow it can leave you susceptible to legal claims. To limit liability you must follow your policy consistently and demonstrate that you exercised necessary care to prevent and correct discriminatory behavior.

By using caution and adhering to the above-mentioned considerations when drafting your anti-discrimination policy, you will be communicating to your employees that discrimination will not be tolerated and that you are committed to providing equal opportunities. And should a discrimination claim arise, employers that follow their policy consistently are demonstrating their due diligence in protecting against unfair employment practices.

10 Cost Saving Strategies for Hiring in a Tough Economy

While hiring in a tough economy does have its advantages, including the ability to be choosy when picking from a larger than usual applicant pool, there is still a considerable cost related to bringing on someone new. Not only must you budget for a new employee’s salary, but you also have to consider the costs associated with posting job ads and conducting background checks as well as the time spent screening and interviewing applicants – and that’s all before they’re even working for you! Once hired, there is the cost and time involved in training and orienting new employees and sometimes a slow learning curve until the new hire gets up to speed.

While hiring a new employee might be necessary, spending big bucks on the process doesn’t have to be. To follow are some simple cost saving measures to consider when looking for talent during tough economic times:

1. Network. Use existing resources to your benefit. Speak with colleagues and peers to see if anyone knows a skilled individual that is looking for work. Word of mouth is much cheaper than an ad on CareerBuilder.
   

2. Internal job postings. Consider if any current employees can fill the open position. When posting jobs internally you save time and money on recruiting and applicant processing, and in most cases, you’re already familiar with the candidates’ work performance. Just remember that when an employee is promoted into a new position, a new vacancy is created, which will inevitably force you to seek external talent, usually at the lower-level.
   

3. Employee referrals. Having an Employee Referral Program (ERP) is an excellent way for employers to generate quality candidates. With an ERP, employers encourage their current employees to recommend qualified individuals for available positions. Employers then offer incentives such as cash bonuses, extra vacation days, and trips for any referrals that result in the hiring of a new employee - much cheaper than the use of print ads, recruiters, or employment agencies!
4. Applications on file. Look to the applications you have on file. Previous candidates may not have been a good fit for you in the past; however, varying requirements, changing business needs, and new openings may make a previously mediocre candidate an ideal one this time around. Sometimes, timing is everything!
5. Post ads on free sites. There are a variety of free job posting websites should look to before posting your opening on some of the more costly job boards, such as Monster or CareerBuilder. Even local newspapers can get expensive! Consider posting jobs ads with local colleges and universities, government employment agencies, or free sites such as Craigslist. Gauge the response you get; ultimately it may be necessary to broaden your horizons and post on some of the more popular and expensive job sites.
6. Thoroughly screen applications & resumes. Weeding out candidates during the initial stages of the hiring process will help you save valuable time down the line. Although resumes can provide some significant details regarding an applicant’s qualifications, it’s important to supplement a resume by requesting all candidates that meet your requirements complete an employment application. When reviewing applications and resumes it’s important to look for signs of attention to detail and thoroughness as well as previous work experience, education, qualifications, and tenure with other employers. All of this information can tell you a lot about a candidate’s overall fit for the open position.
7. Conduct a phone interview. By now, you should have a good idea of which candidates meet your requirements. Those passing your initial resume and application screening should be called for a quick (20 to 30 minute) phone interview. A phone interview is designed to clarify the information supplied in a candidate’s application and resume and to get a general feel for the candidate’s overall fit with the company. Once you have completed phone interviews and narrowed down your applicant pool even further, invite remaining candidates in for a face to face interview.
8. Be picky. There are lots of people looking for jobs right now, which means that you pretty much have the opportunity to be as selective as you’d like. When making a hiring decision, take your time. Review candidate evaluation forms and speak with anyone who had contact with the applicant, this includes the receptionist who greeted the applicant, the person who scheduled the interview, and those that had the opportunity to interview the candidate. Input from multiple sources is always best when making an important decision. Taking time, being cautious, and weighing your options can end up saving you thousands in replacement costs.

9. Conduct background checks. Once you have made your selection decision, now is the time to conduct background checks. Job offers should always be made contingent on the results of a background investigation, so if any negative information does surface, you have the flexibility to rescind the offer. A background check ensures that you are not hiring anyone with a suspect past and confirms the employment and education history a candidate provided during the interview stage.
10. Understand your legal requirements. A lawsuit can cost your business thousands in lost revenue, not to mention it can tarnish your reputation. Make sure you understand all legal requirements as they pertain to pre-employment inquiries and background checks. Interview questions should always avoid anything that might reveal a candidate’s affiliation with a protected class (i.e., their race, religion, age, national origin, disability, or family status). Further, when conducting background checks, employers are mandated to follow the requirements established by the Fair Credit Reporting Act (FCRA). For more information on your legal requirements as they pertain to pre-employment screening, visit the Background Checks section of our state & federal laws.

Hiring a new staff member does require energy, commitment, and most importantly money. But, by implementing some of the cost saving measures listed above, you’ll save on recruitment expenses and costly hiring mistakes.

10 Critical Steps for Ensuring Success in the New Year

With 2009 approaching, undoubtedly you have spent some time reflecting on the past year and are beginning to think about some business plans for the upcoming months. A new year offers an opportunity to start fresh and get back on track. Below are some key business initiatives you should commit to now in order to ensure success in the coming year:

1. Review and update company policies. Policies guide employee behavior and demonstrate company compliance with major employment laws. But, policies that are outdated and no longer reflect company practices can actually cause more harm than good. With the New Year approaching and new labor laws on the horizon, now is the perfect time to review company policies and update them accordingly. Not only will this help to ensure your handbook complies with current employment laws, it will also serve to align your policies with changes to company benefits, work rules, and business practices. Just remember: any changes to your handbook require written acknowledgment from your employees.
2. Update your labor posters. Some important changes to some major labor laws are scheduled for early 2009. These new laws bring changes to your posting requirements. Most notably impacted are several state minimum wage increases, slated to take effect on January 1st. In some states, changes to the minimum wage may require an update to minimum wage postings. Additionally, employers with 50 or more employees will be required to update their FMLA poster to reflect important changes to the law, which take effect January 16, 2009. Failure to post required labor notices can result in fines of up to $7,500 per incident. It’s important to note that posting requirements vary by state. To get a full listing of your state’s posting requirements, click here.
3. Conduct performance reviews. Performance reviews have been proven to minimize employee turnover, improve employee productivity, and save money by utilizing existing staff to their fullest potential. Performance appraisals are also important for making decisions regarding promotions, training needs, salary administration, disciplinary actions, and terminations. As the year end approaches, make sure you are maximizing your available resources by letting employees know exactly where they stand.
4. Audit your business practices. Failure to comply with labor laws can result in hefty government fines, court fees, and a tarnished reputation. Don’t let this happen to you: audit your business practices regularly in order to identifypotential risksand bring polices and procedures up to speed with federal and state-specific standards. Some areas of particular importance include: staffing, compensation, benefits, performance management, and discipline and termination.
5. Develop a hiring strategy. In the past you may have thought bringing on full-timers was the way to go - but, this year, why not create a hiring strategy that meets your specific business needs? Before placing ads and interviewing candidates, you will need to think about why it is you’re looking for someone new. If it’s to fill a void left by an employee who is out on leave, consider a hiring a temporary worker. If it’s to complete a specialized project, the expertise of an independent contractor may be just what you need. If it’s to get some added help during periods of high demand, consider hiring temporary, part-time, or seasonal workers.Just remember to always think about why you need the help and who can best fit your needs before jumping into the hiring process.
6. Conduct background checks. Conduct background checks on all applicants you intend to hire. Not only are background checks required for employers in certain industries or when hiring for certain types of positions, they also help to ward against costly negligent hiring lawsuits. Furthermore, background checks serve tocut down on turnover costs and ensure your new hires have the background and experience the company needs to meet its goals.
7. Improve communication. A business can’t grow if all of its parts don’t work together toward a common goal. Make it your resolution for the New Year to improve communication and teamwork within your company. Consider a company outing to bolster camaraderie or team projects to promote solidarity. Communication in the form of company memos, newsletters, emails, and meetings are also important to ensure everyone is on the same page and is working toward the same goal.
8. Review employee records. Proper recordkeeping practices can be a powerful administrative tool for protecting your business from legal liability and helping you to operate more efficiently. Now is the perfect opportunity to ensure records are organized correctly and that you are retaining the documents that are required by law.
9. Create job descriptions. If you haven’t done so already, now is the ideal time to make sure you have job descriptions for every position within your company. Job descriptions define the essential and non-essential functions of a job and help to clarify who is responsible for what. In addition, the effects of a well-written job description can be seen in the hiring process, during new hire
   orientation, when developing pay structures, and when identifying training needs.
10. Celebrate success with your employees. Don’t forget to acknowledge and celebrate each of your milestones. The best part of creating objectives is the satisfaction that comes from reaching your goals. Be sure you recognize employee achievements and let your employees know their hard work hasn’t gone unnoticed. Simple forms of praise and recognition will serve to drive employee motivation well beyond the start of the New Year.

For a more profitable 2009, consider taking a few of the steps outlined above. Doing so, will help your company to avoid legal liability and allow you to improve upon employee commitment and efficiency.

Shopping for Talent this Holiday Season? 10 Crucial Hiring Secrets Revealed

For some businesses the holiday season is crunch time. This time of year is often hectic for delivery service companies, retail establishments, and many professional service organizations. And with a majority of full-timers using their paid time off to run last minute holiday errands and to spend time with family, trying to meet the added demand can become a real challenge.
You need extra help, but with time running out what can you do? Although it may not be cost effective to bring on additional full-time staff, it may be feasible to hire part-time, seasonal, or temporary workers to help you out during the holiday rush. But, remember to keep in mind: the same rules that apply to hiring full-time staff apply to hiring seasonal workers. This means carefully screening resumes and applications, conducting interviews, checking references, and performing background checks.

Below are some additional guidelines to consider when hiring employees during the holiday season:

1. To hire or not to hire? Before posting job ads and investing the time, money and energy into looking for additional staff, determine why you’re looking to hire. It may be because there is a temporary spike in business or because a valued employee is out on vacation. But before jumping in, you will want to determine if there are others ways to meet business demands. Perhaps rearranging work schedules so that more staff members are on during peak hours, assigning overtime hours, or reorganizing employee responsibilities to allow for more time to be spent on critical projects may help to eliminate the need to hire additional employees. Bottom line: weigh your options and make sure you are maximizing the use of your available resources.
2. Identify critical positions. Identify the positions that need to be filled immediately. Target your recruiting efforts here before moving to the less critical positions. This will ensure you have the necessary coverage when you need it most.
3. Determine your recruiting method. Once you know that hiring additional staff is necessary and exactly which positions are most important in meeting company goals, you will need to decide the best way to reach out to your applicant pool. Typically, the recruiting method used is based on the type of employee you wish to bring on. Hiring temporary workers often requires contracting with a contingency search firm, whereas, hiring for a very specialized type of position may require the expertise of a seasoned recruiting professional. But for lower-level positions, placing a job ad in the local newspaper or on an online job board may be all you need to find the right candidate.
4. Advertise with local colleges. Many college students have a month off during the holiday season and are always looking to make an extra buck. Consider advertising for open positions at local campuses. It’s a cost effective way to fill positions that are only needed for the short-term.
5. Seasonal workers. Seasonal workers are available to work during a certain part of the year. These workers typically put in a full 40 hour workweek for the period in which they work and are often usedin retail stores and seasonal operations, such as ski slopes or theme parks.
6. Temporary workers. These workers are often used to meet business goals while employees are out on leave or to help meet critical project deadlines during periods of increased demand. But beware: you will more than likely have to pay a premium to get these workers – especially during this time of year. Employers utilizing this staffing strategy typically pay a contingency firm responsible for finding, hiring, and paying these temporary workers.
7. Part-time employees. Less costly than hiring full-time staff members, part-time employeestypically do not expect benefits. Although these workers may not put in a 40 hour work week, they can still be particularly valuable during the holiday rush. Working three 10 hour days during the weekend shopping frenzy, for example, may be all that is needed to ensure appropriate coverage.
8. Look for customer – oriented workers. Tis the season of goodwill. It’s important that both temporary and long-term employees understand the importance of customer service. Customers are often rushing around during the holiday season, so it’s important your staff is ready to help ease some of their holiday stress. Make sure anyone you hire this season is friendly, courteous, and helpful when dealing with customers.
9. Don’t make decisions in haste. Just as if you were hiring for a more permanent full-time position, be sure to follow the company’s typical hiring process when looking for seasonal workers. This means be thorough and screen resumes, interview candidates, conduct background checks, and call references. You should never stray from your established procedures just because you think it’s “only temporary”. Who knows? A good hire now may lead into a full-time employee down the road.
10. Consider future needs. Temporary or seasonal work situations provide a good opportunity to “test drive” your employees before you commit. When staff members are hired on a temporary basis it allows you to evaluate their skills and work habits. If you have had some exceptional workers during this busy time of year, consider asking these employees if they’re interested in full-time opportunities.

Staffing can be a challenge any time of the year. But, with a majority of workers looking for full-time positions, finding the right employees for your needs during the holiday season can be nearly impossible. Follow the guidelines listed above to help ensure you don’t spend big bucks to get the coverage you need.

The Dos and Don’ts of Verifying Employment Eligibility

The Immigration Reform and Control Act (IRCA) makes it illegal for an employer to knowingly hire, or to continue to employ, an individual who is not authorized to work in the U.S. In accordance with the requirements established under the Act, employers are required to verify the employment eligibility of all new hires.The United States Citizenship and Immigration Services (USCIS) as well as the Department of Homeland Security (DHS) enforce the requirements placed under the IRCA. Among other things, these agencies are designed to assist employers in maintaining a legal workforce and in protecting the jobs of legally authorized workers.

Verifying an employee’s work eligibility is a process all employers must do. But understanding your responsibilities in the process isn’t so simple. Below are the legal guidelines employers must follow when verifying employment eligibility:

1. Require new hires complete an I-9. Upon hire, all new employees are required to complete an I-9 form and supply related documentation that demonstrates their work eligibility, such as a driver’s license and social security card or a U.S. passport. Acceptable forms of documentation are listed on the last page of the form. Employers are required to examine presented documentation, record the document title and number on the form, and provide their signature attesting to their review of the documents. Employers may, but are not required to, photocopy the documents presented by employees. If photocopies are made they must be retained with the I-9 form. Recently, a new version of the I-9 form with an updated expiration date was released. Going forward, employers are required to use the updated I-9 with all new hires. Click here for the updated form.
2. Retaining I-9s. The I-9 form is not required to be submitted to any government agency; however employers must make it available for inspection by U.S. government officials. The document is required to be retained for three years following an employee’s date of hire or one year following their termination, whichever is later. Because I-9s contain age and citizenship information, it is probably best to retain them in a locked file, separate from other personnel files.

3. Rehired employees. Employers are not required to re-verify the work status of individuals they previously employed if the worker is rehired within 3 years of the initial execution of the I-9 form.
4. E-Verify. Recently, some states have required the use of E-Verify. E-Verify is an Internet-based system available to employers by the Department of Homeland Security (DHS), free of charge. The program links to federal databases to help employers determine employment eligibility of new hires and to verify the validity of new employees’ Social Security numbers. Click here to register. Although E-Verify offers further protection in ensuring employees are authorized workers, employers using E-Verify must still require new hires to complete an I-9. The following states mandate the use of E-Verify when hiring certain types of employees: Arizona, Alaska, Mississippi, Georgia, Colorado, Oklahoma, and Rhode Island. Most of these states require the use of E-Verify among contractors and sub-contractors with a certain number of employees. Check your state E-Verify requirements in the Aliens & Immigration section of our State & Federal Laws.
5. Good faith efforts. Employers must make “good-faith” efforts to comply with the USCIS regulations. This means that employers must follow the requirements of the IRCA and make reasonable efforts to ensure employment eligibility. Employers that can demonstrate their good faith efforts to comply with the IRCA, are typically protected against fines and penalties.
6. Penalties. Employers may be assessed civil penalties for hiring or continuing to employ unauthorized aliens, failing to comply with Form I-9 requirements, or not requiring identification. Failure to properly complete and retain Form I-9 subjects employers to civil penalties ranging from $100 to $1,000. Employers are also subject to criminal penalties for engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized aliens; engaging in fraud or false statements; or misusing visas, immigration permits, or identification documents. Employers that hire illegal aliens can also be debarred from federal contracts for one year.

Employers must make every reasonable effort to ensure new hires are authorized to work in the United States. By following the guidelines outlined above, employers can ward against the stiff penalties associated with failing to comply with USCIS and DHS requirements. For more information on the USCIS and how immigration laws affect your business, visit the USCIS website.

Add Some Pizzazz to your Orientation Program

Employee orientation programs are integral to the foundation of a business. A proper orientation program helps new hires to feel welcome and committed to staying with your company for the long-haul. Many times, though, orientation programs can be very dry and boring. If your company is far from dull, the last impression you’d want to make on new hires is just that!

Using innovative techniques and exciting activities throughout the orientation process may alleviate a little bit of that boredom. Try these ideas to spice up the event and make the orientation process more fun:

1. Name Chain. A lot of times managers are afraid to implement fun icebreakers for their employees because they feel it would be too ‘silly’. However, by partaking in these introduction activities, employees begin to form bonds and get to know one another much faster, setting the stage for a comfortable and friendly work environment. For a simple yet amusing icebreaker, have employees introduce themselves with an adjective that matches their personality. For example, an employee named “Catherine” may introduce herself as “Crazy Cathy”. As each employee introduces his or herself, have them name off everyone who spoke before them. This helps employees to learn both the names and attributes of their co-workers.
2. Scavenger Hunt. Host a scavenger hunt to help employees get acquainted with the office after they have toured the area. Items such as office supplies, supervisor offices, break rooms, and first-aid kits are usually necessary for employees to locate on a regular basis. This activity will get new employees to work together and quickly get familiar with the office surroundings.
3. Flying High. Some of the most important facets of a strong company are their corporate visions and values. Using an interactive game, such as ‘kite-making’, may help new employees to understand and internalize those very values. The game requires you to hang up brightly colored kites with company values written on them. Then, provide employees with index cards that have specific behaviors written on them. Employees should team up and create a tail for their kite using the behavior cards, deciding which behaviors most closely align with what is written on the kite. You may even choose to have the employees brainstorm and create their own cards to match each company value rather than supplying them with the behaviors.
4. The “Newly-hired” Game. This activity will undoubtedly have everyone laughing. Use the structure of the old “Newlywed Game” and apply it to supervisors and employees. Have the supervisors guess how employees would answer specific work-related questions, and use a point-system for rewards. At the end of the day, recognize winners with a medal, gift basket, or other similar reward.
5. Get involved. The last thing employees want to do is sit around and listen to lectures all day about what they will be doing. Have them start right away! Give employees a taste of their job by setting up small assignments for them to do at orientation. This will most likely increase employees’ interest in the job and will help them to hit the ground running.
6. Celebrate. Show your new employees that you are excited they have joined your team. At the end of the day, host a small reception-type event with snacks and refreshments. Invite co-workers so new employees have the opportunity to meet existing staff. This will serve to foster a strong relationship among employees and contribute to a better work environment altogether.

There are many ways to integrate fun activities into the employee orientation program while still meeting the established goals and standards of the company. By making orientation fun, employers maintain employee interest and get them excited about their work; not to mention, employees are more likely to remember things learned at orientation when they enjoy the learning process. Furthermore, by enabling new hires to get to know one another, personal connections are formed that allow for a much more amicable work environment. Forget the boring old lectures and tours, make orientation fun and exciting for your employees!

Hiring Minors this Summer? Be Aware of Child Labor Laws

With most students out of school, or about to finish classes for the summer, now is the time many teenagers begin to look for summer work. Typically these workers find jobs in retail, in the restaurant and hospitality industry, at summer camps, and even in an administrative capacity. Whatever the role, when employing workers under the age of 18, the child labor provisions of the Fair Labor Standards Act (FLSA) must be strictly followed. In addition to child labor, the FLSA, also known as the wage and hour law, regulates minimum wage, overtime, equal pay, and recordkeeping practices.

Child labor laws are intended to protect the health, safety, and well-being of minors. Specifically, these laws govern permissible work ages, pay, hours, and the types of work children under the age of 18 are permitted to perform.

Below are the considerations you should make prior to hiring a minor:

1. Minimum age. The FLSA child labor provision applies to workers under the age of 18. But for a few exceptions, the minimum lawful employment age established by the FLSA is fourteen. Those performing work in agriculture, newspaper delivery, acting and performing, or those employed by their parents are permitted to work if under the minimum age of fourteen.
2. Age verification. While federal law does not require minors to obtain work permits, many states do. Check your state child labor laws to be sure of the requirements for your state. The Department of Labor recommends employers obtain an age certificate issued by the Wage and Hour division and most states consider a birth certificate to be acceptable proof of age. Whatever the document, be sure to include it within the employee’s personnel file.
3. Pay. All employees, including minors, must be paid at least the minimum wage with the following exceptions: opportunity wages and apprenticeship/student learner pay. New hires under the age of 20 may be paid an opportunity wage of $4.25 per hour during the first 90 calendar days of employment. Additionally, the federal wage and hour division may issue special certificates allowing employment at wages below the minimum for apprentices, student learners, and messengers.
4. Hours. The number of hours a minor can work in a given day as well as when he or she can work during the day depends on the minor’s age. Those aged fourteen and fifteen may work only: outside of school hours; for 18 hours during any week in which school is in session; for 40 hours during a week when school is not in session; for 3 hours during any day when school is in session; for 8 hours on a day when school is not in session; and from 7 a.m. to 7 p.m. on any day except from June 1st to Labor Day when the minor may work from 7 a.m. to 9 p.m. There are no federal limits on workings hours for minors ages 16 and 17, however, many states do restrict work hours for these individuals.
5. Types of work. Minors are prohibited from working in dangerous occupations and from performing tasks that present a hazard. Fourteen and fifteen year olds are not permitted to work in construction or repair jobs, operate power-driven machinery, or perform warehouse, manufacturing or mining work. In addition, these workers are prohibited from driving a motor vehicle, assisting a driver, performing public messenger jobs, and transporting persons or property. Other restrictions on the type of work minors are permitted to perform can be found in the Child Labor section of our State & Federal Laws.
6. Safety. Although the restrictions on the types of work minors are permitted to perform are intended to protect these workers from hazards, employers may want to go a step further and create specific safety guidelines and procedures for minors. Consider creating a safety checklist for younger workers that addresses how to use equipment safely, what to do in an emergency situation, and what hazards to stay away from. Even identify hazards with brightly colored stickers and warning signs. Remember that these safety and health procedures shouldn’t solely focus on your younger staff; your entire workforce should be protected by, and aware of, safety protocol.
7. Training. Ensure your managers are aware of child labor laws by conducting training sessions on FLSA and state-specific child labor laws. Managers need to be knowledgeable of permissible work hours for minors and how to create work schedules accordingly. In addition, the types of job duties managers are permitted to assign to minors must also be clarified. In order to be effective, accountability needs be a part of the system. Managers failing to comply with child labor provisions should be subject to disciplinary action.

Although complying with child labor laws may seem like an obstacle, don’t let youth employment requirements intimidate you from hiring qualified summer help. Youths in the workplace typically bring energy and enthusiasm to their jobs and are often a welcome addition to any staff. Just be sure you follow the guidelines outlined above and that you think about an individual’s age as well as company work schedules and safety procedures when bringing a minor onboard.

Unconscious Discrimination: Are You Guilty?

With the abundance of anti-discrimination laws and the growing number of disgruntled employees flooding the courts with EEOC charges, employers need to be extra cautious when making employment decisions. Even seemingly harmless employment actions may be construed as discriminatory if such decisions negatively affect a certain group of people. Intentions aside, in order to combat discrimination claims and ensure fair and equitable employment practices, employers need to elicit measures for preventing discrimination.

But how can you prevent discrimination when you don’t even know you’re doing it? Unconscious or “implicit” discrimination occurs when employment decisions such as, hiring, firing, or promoting are based on subtle, ingrained biases against certain groups. This typically results in a disproportionate number of members of a protected class receiving opportunities. The best way to combat against discriminatory practices is through awareness, accountability, and through the development of systems that ensure all decisions are based on merit and ability rather than any other preconceived notion or engrained bias.

Below are some guidelines for preventing discriminatory behaviors in your workplace:

1. Treat all employees the same. With regards to preventing discrimination claims, one of the most basic ways to avoid problems is by treating all employees (and applicants) alike. Discrimination laws aside, in order to ensure good employee relations and satisfied workers, equality is essential. All employees with similar backgrounds and experiences should be given equal opportunities. A rule of thumb: when making employment decisions make sure you are relying on sound business reasons not personal beliefs or preconceived notions.

2. Only ask job-related questions. When interviewing candidates, only ask job-related questions. Don’t ask applicants if they have children, where their ancestors are from, or what religion they are. If this information is revealed, it can later be held against the employer as a reason for not hiring the individual. And for that matter, don’t ask your employees personal questions that can later come back to haunt you. To err on the side of caution, only ask questions that pertain to one’s ability to perform the essential functions of the job.

3. Broadcast your anti-discrimination policies. All employees should be aware of your company’s policy on discrimination, harassment, and retaliation. Hold staff meetings distribute memos, and post the policies in breakrooms so that the severity of the issue will really hit home. It’s important to not only communicate these policies to your staff, but to stand by them as well. Doing so will demonstrate that you value, and strive for, a discrimination-free workplace.

4. Establish a grievance process. Develop a system for employees to raise concerns if they feel as though they have been discriminated against. A typical grievance process starts at the lower-level and if not resolved, works its way up the totem pole. Employees are encouraged to first raise concerns with their supervisors and if they still aren’t satisfied they should then be encouraged to submit a formal written grievance to management. Management is then responsible for reviewing and investigating the facts at hand as well as reaching an appropriate resolution. If an employee brings to your attention that he or she feels as though they are being discriminated against, you need to take action immediately. Ignoring employee concerns will only serve to support his or her discrimination claim.
5. Train employees. In order to promote awareness, establish a diversity training program. In the event of a discrimination lawsuit, evidence of a mandatory diversity training program is an excellent means of establishing an employer’s good-faith efforts to prevent discrimination.

6. Train managers and supervisors. Hold separate training sessions with your managers and supervisors in order to ensure they are familiar with company procedures for handling discrimination complaints, making employment decisions, and ensuring against retaliation. And with a variety of low cost do-it yourself solutions, diversity training doesn’t need to burn a hole in your pockets.

7. Hold employees accountable. Make it known that employees who do engage in discriminatory behavior will be help accountable. Managers especially, need to be aware of the repercussions that come from discrimination, including suspension and termination.

8. Develop an affirmative action plan. Even if you are not required to comply with federal Affirmative Action requirements, it may be in your best interest to develop an affirmative action plan in order to be sure that when hiring, promoting, and providing access to training opportunities that you are reaching out to all groups.

The Equal Employment Opportunity Commission (EEOC) oversees a variety of anti-discrimination laws, which in aggregate make it illegal for employers to discriminate on the basis of: race, color, religion, gender, age, disability and national origin. Employers need to be sure that when making employment decisions, these protected characteristics do not come into play. By following the guidelines outlined above, you will communicate to your employees that discrimination is unacceptable and that you are committed to providing equal opportunities to all your employees.

Hiring Smart in 2008

Have you thought about how you will be handling your business demands this year? With the New Year underway, you have undoubtedly developed a plan for business growth and increased sales. But, are you appropriately prepared to meet those demands? Developing a hiring strategy for 2008 is the best way to ensure that you meet your goals, while not unloading too much of your profits into unnecessary hiring costs.

In order to reach maximum productivity, employers need to be sure they are hiring the right types of employees for their business needs. In the past you may have thought bringing on a full-time employee was the way to go - but, this year, why not create a hiring strategy that meets your specific business needs? Below are some guidelines that will help you do just that:

1. Match your hiring strategy to your business strategy. A company’s hiring strategy must coincide with its business strategy. For instance, if your business is customer or market driven, you need to figure out how to hire talented marketing personnel in order to maximize market share. To be effective in meeting company objectives, your hiring plan must mirror your future goals.
2. To hire or not to hire? One of the first steps when drafting a hiring plan is determining why you’re looking to hire. It may be because there is a temporary spike in business or because a valued employee is out on leave. But before placing job ads and spending countless hours recruiting and interviewing candidates, you will want to determine if there are other ways to meet business demands. Perhaps rearranging work schedules so that more staff is on during peak hours, assigning overtime hours, or reorganizing employee tasks to allow for more time spent on critical projects may help to minimize the need to bring on new personnel. Bottom line: weigh your options and make sure you are maximizing the use of your available resources.
3. Identify spikes in business. Identify patterns of increased demand, either certain times of the day or certain months of the year, that are particularly busy. For instance, sales in the retail industry spike drastically during the months of November and December. Employers are going to want to make sure they have enough staff on hand during these critical times. A good solution for busy times may be to hire temporary, part-time, or seasonal workers who can help out during the rush.
4. Evaluate your needs and available options. Once you are aware of exactly why you need to hire, look for the type of employee that best fits that need. If you need to bring on someone new to help fill a void left by someone out on leave, consider hiring a temporary worker. If you need to complete a specialized project, consider the expertise of an independent contractor. Just remember to always think about why you need the help and who can best fit your needs before jumping into the hiring process.
5. Identify critical positions. Identify the positions that need to be filled immediately. Target your recruiting efforts here before moving to the less critical positions. And to fill those less than critical positions, it may be more practical to use temporary or part-time workers, leaving the permanent full-time openings for the company’s core positions.
6. Determine the best method for recruiting. Another important consideration when hiring a new employee is the determination of who will be handling the recruiting. Typically, this decision is based on the type of employee you wish to bring on. Hiring temporary workers requires contracting with a contingency search firm and hiring for a very specialized type of position may require the expertise of a seasoned recruiting professional. But for lower-level positions, placing a job ad in the local newspaper or on an online job board may be all you need to find the right candidate.
7. Attract the right people. If you will be handling the recruiting internally, you will need to be sure to place job ads that will attract the types of employees you are looking for. For instance, if you’re looking to bring on a new IT person, the use of internet postings are going to be essential. You also want to be sure to clearly communicate job requirements, so that you don’t receive loads of inquiries from applicants that are under-qualified or those that are extremely over-qualified.
8. Identify critical competencies. When hiring for any position, it’s necessary to determine which competencies are needed for successful completion of one’s job duties. And sometimes these competencies aren’t position based, but company-specific values, such as customer service, teamwork, or innovation. Whatever knowledge, skills, and abilities are needed for the role, be sure to identify them prior to recruiting for the position so that you can find someone that will truly be able to meet your business goals.

By establishing a concrete hiring plan, you can be sure that your hiring efforts are appropriately directed toward meeting your business objectives. Poor planning when it comes to hiring can lead to an understaffed workforce; and sometimes even worse, an overstaffed one. By hiring smart for 2008 you’ll see a huge return on investment by maximizing your human capital.