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Does an Employer have a right to review an applicant’s social media pages?

July 9, 2012 By Leave a Comment

Is private really private?  If an employer has a right, when do the risks outweigh the benefits?  What are an employer’s rights and responsibilities if social media or textual harassment falls into the workplace?

As an employer you are interested in finding out about the prospective applicant?  Do they have skeletons in their closet?

Gathering information from social media to use in the hiring process can help employers weed out potential problem employees, as well as reinforce a good applicant’s potential for success. Recent studies suggest that nearly 70% of employers have rejected candidates based upon information found online. Such a practice, is not risk-free. Facebook has lowered labor turn over in companies. Previously companies relied on information provided by the candidates for employment and the impressions received during the interview process

Given the lack of guidance on this issue, employers should tread carefully in this area.  Consider the consequences of such practices. From a business perspective, while reviewing or requiring access to “private” social media sites might be justified by a legitimate business reason, it might also be viewed as “snooping” and could limit an applicant pool or lead to decreased employee morale if employees thought big brother was watching all the time.

Many people have found themselves in trouble for accessing private information without permission from the owners of the information. Whereas accessing information can be easy for companies and employers the effects can be detrimental.

Recommended Practices

· Define how and why you should evaluate an applicant’s online presence.  Account for such things as accuracy of information presented, verifiability, and how the information is obtained;

· Consider designating a neutral party, instead of the decision-maker, to conduct the search and filter out protected status information. (Recommend using an HR Consultant) Note that retaining third-party vendors to review information likely triggers the procedural and notice requirements of the Fair Credit Reporting Act;

· Maintain a record of how information was gathered via the Internet or social media and what information was gathered; and

· Train employees responsible for implementing this process.

Do you need help recruiting or reviewing social media profiles? Contact us.

 

Filed Under: Human Resources, Small Business

MA Gender Identity Law

June 25, 2012 By Leave a Comment

Effective 7/1/2012, Massachusetts’ Transgender Equal Rights Bill takes effect.

MA is the 16th state to offer transgendered individuals protection from discrimination.  The law prohibits discrimination on the basis of gender identity in employment, as well as housing, credit and education. Massachusetts’ existing state anti-discrimination law, Chapter 151B, is amended to include “gender identity” as a protected category. Chapter 151B applies to public employers and private employers with six or more employees.

The statute defines “gender identity” broadly as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.”

In addition to protecting individuals who have undergone, or are seeking, sex reassignment surgery, the law also protects individuals who have a sincerely held belief that their gender identity is different from that received at birth. The law does not provide any insight into what characteristics of an individual’s identity are “gender-related.”

Companies should update their policies, handbooks and harassment training to reflect this additional protected category. Employers should also consider training their managers about gender identity discrimination.  If you need help with this important update, contact us.

 

 

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It’s Hot Outside – Do Your Employees Smell?

June 18, 2012 By 1 Comment

Employees with body odor can cause a disruption in the workplace; other employees may feel uncomfortable and unable to perform their jobs. In some cases, managers may feel ill-equipped to deal with this type of situation and seek guidance from HR to provide them with information and resources to use when communicating with the employee about offensive body odor.

It is important for HR to advise managers that such a matter should be handled confidentially and with sensitivity. The body odor may be caused by a medical condition, poor hygiene or an ethnic diet, to name a few examples. If this issue is not addressed appropriately, it may run afoul of the Americans with Disabilities Act or lead to discriminatory claims under Title VII of the Civil Rights Act.

HR or the manager should have a meeting with the employee to bring the matter to the employee’s attention, referring to the company’s dress and grooming policy and/or company expectations. If you do not have a policy, I can help you write one.  The employee should be allowed an opportunity to discuss the matter and to provide possible solutions.  This is a very delicate matter and an experience HR Consultant can help you.   In the event that the employee states that he or she has a medical condition, the employer should reassure the employee that reasonable accommodations will be made.

It is important to recognize that an issue such as this one may cause work stoppage, disgruntled employees and low morale. Therefore, it is important to deal with this situation as soon as you become aware of it.   If you feel awkward dealing with this problem, reach out to me for a consult.

Nancy L. Dube, Principal

(508)769-2294

Nancy@dubeconsulting.com

www.dubeconsulting.com

 

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Top 5 HR Risks to Reduce Turnover

May 21, 2012 By Leave a Comment

If you lose a key employee what impact will it have on your business? Don’t you agree that Employee’s are your most valuable asset?  So what can you do to retain them and mitigate human capital risk?

Let’s first define “human capital risk.”  It is the uncertainty arising from changes in a wide range of workforce and people management issues that affect a company’s ability to meet its strategic and operating objectives.  In a recent survey Fortune 100 leaders reported that the top 5 HR risks are:

 

  1. Talent management and succession planning
  2. Ethics and tone at the top
  3. Regulatory compliance
  4. Pay and performance alignment
  5. Employee training and development

 

Most companies lose talent. Here’s what you can do to prevent it:

Don’t hire out of desperation  Do not just hire an employee because you needed someone to fill the position yesterday. That is what temporary employees are for.

Test skills  If you want to decrease employee turnover,  you should assess skill by testing competencies.  This is one of the tools that will help you determine whether you have found the best fit for each position.

Profile behaviors  The job description should include more than tasks.  You should identify the behaviors of your best employees to ensure you are hiring the right fit.

Pay should be competitive If you’ve gone through the trouble of finding the right person for the job, you want to make sure you can get them to say yes.  Benchmarking the jobs and identifying competition for your labor market is an essential prerequisite.

Say Thank You  Encourage your employees by saying thank you and telling they are doing a good job.  Conduct regular performance reviews.  When management communicates with employees they feel more involved and appreciated.

Conduct exit interviews  When an employee leaves it is very helpful to know the cause of why the employee chose to leave.  Knowing what problems to address, and taking action on them, will eventually reduce turnover.

Start by measuring turnover  Benchmark the cost of turnover against industry competitors.  Then calculate the cost of replacing and training new employees to show the dollars saved and the cost that could have been avoided by turnover.

Determine where to focus retention efforts   You should identify groups of employees whose ability to achieve would significantly impact your organization.  What would be the cost of to your organization if you lost critical knowledge through attrition?

Change your recruiting strategies   Focus on  groups or individuals in key roles.  Identify the skill gaps and the behaviors that make them essential to your organization.  Conduct a job analysis and write job descriptions that match your best talent.

Conduct a salary survey   Identifying similar occupations in your labor market area.  Identify what your competition is paying.  Ask your employees why they stay? Analyze job satisfaction studies to determine what is motivating them.  It may not be money, but you need the answer to retain top talent.

Finally, use a strategic approach to aligning employees with business.  Identify the best behaviors for engagement.  Weigh the gaps between talent capabilities and business goals.  Address your selection/staffing process and the compensation and incentives paid.  Don’t let valuable employee age out or jump ship for a dollar.  Put strategies into play to reduce turnover for your organization.

If you need help, contact us:

Nancy (508) 769-2294

nancy@dubeconsulting.com

www.linkedin.com/in/nancyldube

www.facebook.com/dubeconsulting

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Compliance Update:Criminal Record Law 5/4

April 23, 2012 By Leave a Comment

Legal Update

Significant changes to Massachusetts criminal record laws implemented by the Massachusetts Criminal Offender Record Information Reform Act will become effective on May 4, 2012. The law, which was passed in August 2010, has become well known for its “ban the box” provision that prohibits most employers from asking about an applicant’s criminal history on an initial written application. Other significant portions of the law will go into effect on May 4, further affecting the process through which employers obtain criminal background information about job applicants. Some of the changes specifically affect criminal offender record information obtained from the state (known as “CORI”), and other changes affect any criminal record information obtained by employers in the process of making decisions regarding employment.

Employment-Related Changes Effective May 4, 2012

  • In connection with a decision regarding employment, prior to questioning an individual about his or her criminal history, an employer in possession of the individual’s criminal record information must provide the individual with the criminal history record in the employer’s possession, regardless of the source from which it was obtained.
  • If the employer makes an adverse decision on the basis of an individual’s criminal history, the employer must provide the individual with a copy of the criminal record information in the employer’s possession, regardless of the source from which it was obtained (however, if the employer already gave the individual a copy of the record prior to questioning, the employer does not need to provide an additional copy in connection with an adverse decision).
  • An employer that annually conducts five or more criminal background checks, regardless of the source from which it obtains the criminal record information, must maintain a written CORI policy. The law requires that the policy include certain provisions, including that the employer will: (i) notify the applicant of the potential adverse decision based on criminal record information; (ii) provide a copy of the individual’s criminal history information and the employer’s policy to the applicant; and (iii) provide information concerning the process for correcting a criminal record.
  • CORI may only be shared with individuals within the employer’s business with a need to know the information. In addition, employers must maintain a dissemination log for a period of one year following the dissemination of an individual’s CORI, including: (i) the name of subject; (ii) his or her date of birth; (iii) the date of the dissemination; (iv) the name of person to whom it was disseminated; and (v) the purpose for the dissemination.
  • Employers that make decisions within 90 days of obtaining CORI directly from the state may not be held liable for negligent/discriminatory hiring practices by reason of reliance on CORI (there is currently no such statutory protection for employers using information from private background check companies).

New System for Accessing Criminal Information

In addition to the changes regarding employment-related decisions, effective May 4, 2012, the process for obtaining CORI through the Commonwealth of Massachusetts also will change. Previously, only certain employers that regularly have contact with vulnerable populations were able to access the Massachusetts database containing CORI. As of March 12, 2012, the Department of Criminal Justice Information Services (DCJIS) stopped accepting applications for CORI access, because DCJIS anticipates that beginning on May 4, 2012, a new system, iCORI, will become available to all employers. Once they have registered, employers will be able to access iCORI records for any individual who has signed an acknowledgement form. Employers should be aware, however, that they must retain the acknowledgement forms for at least one year from the date of the iCORI request. In addition, employers may not retain iCORI records for more than seven years after an employee’s last date of employment or the date of the decision not to hire an applicant.

Regulatory Guidance Not Yet Available – Consult an Employment Attorney

Useful Steps for Employers

Employers that conduct background checks on employees or applicants in Massachusetts should review and update their policies and practices to ensure they are in compliance with the new changes to the law. Useful steps to take include:

  • Employers should confirm that they have not included any questions regarding criminal history on any initial employment application completed prior to an interview.
  • If employers conduct five or more background checks per year, they must implement a written CORI policy that complies with the new law.
  • If applicants and employees’ CORI is obtained, employers must maintain the necessary dissemination log.
  • Although the statute is not clear on this point, we recommend that employers provide any applicant whose criminal history will be checked with a copy of the employer’s CORI policy, notification that the employer may make an adverse decision based on criminal background information, and a copy of the DCJIS document containing information concerning the process for correcting a criminal record.
  • Prior to questioning an applicant about his or her criminal background, the employer must provide the applicant with a copy of the criminal record information in the employer’s possession.
  • If making an adverse decision based on an applicant’s criminal background, the employer must provide the applicant with a copy of the criminal record information in the employer’s possession, along with notification that the employer is making an adverse decision and, if the employer has not already done so, provide the applicant with its CORI policy and the DCJIS document containing information concerning the process for correcting a criminal record. In addition, employers are advised to give applicants a reasonable opportunity to respond to the criminal record information before finalizing the adverse decision.
  • Staffing personnel and hiring managers should be trained so that they understand what can and cannot be asked of applicants regarding their criminal records and background, and when the questions may be asked. Specifically, staffing personnel and hiring managers should be aware that they are prohibited from requiring an applicant or employee to disclose: (i) arrests that did not result in conviction; (ii) first misdemeanor convictions for drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace; and (iii) convictions for misdemeanors where the date of conviction or the completion of incarceration (whichever is later) occurred five or more years from the date of the application (unless there was an intervening conviction). Staffing personnel and hiring managers also should understand that they are never permitted to require an individual to provide a copy of his or her own CORI.
  • Employers should ensure that all practices and policies comply with DCJIS regulations, when issued.

Do you need help with hiring? Contact us.

 



 
		

		
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Do Job Descriptions Help Increase Productivity?

		
		
March 19, 2012  By  1 Comment 
		

			


Do you know that a standard job description can increase productivity by as much as 30%?


Before you laugh at me and say that’s not true, let’s look at the job descriptions as a tool to increase productivity.   I am talking about the smaller organizations that list 8-10 responsibilities and call this a job description.  You know the kinds that are very generic in nature typically found on Craigslist.


 


 


 


Here is an example of a machine operator:


    

  1. Entry level
    2. 

  2. Operate and maintain machines
    3. 

  3. May setup machines
    4. 

  4. Mechanical aptitude
    5. 

  5. Might inspect
    6. 

  6. Lift 50 lbs
    7. 

  7. Clean and assemble machine parts
    8. 

  8. Work with a team
    9. 

  9. Rotating shifts
    10. 

  10. Good work ethic
    11. 



This is a list of meaningless and overly broad references to job responsibilities with language that is really too generic and unclear.


How is an employee supposed to understand or value his/her job with a generic job description like this? The simple answer is they will not. Whatever the circumstances, the number of responsibilities should not exceed this, or the job description becomes unwieldy and ineffective.


A job description defines a person’s role and accountability. Without a job description it is not possible for a person to properly commit to, or be held accountable for their job.  I have seen job descriptions which look more like user manuals. They contain 25-30 tasks and should be an operational procedure, not a job description at all.


Are you rolling your eyes right now saying what is wrong with this?  What should be included?


The job description is a building block to your employee relationship.  If you get it wrong, it has adverse impact on goals and profitability. Get it right and increase customer satisfaction. 


The job description should have a standardized format and take into account: the knowledge to do the job, the environment according to Americans with Disability Act (ADA), physical and mental demands and soft skills to execute the job.


Here is an example of the format:




COMPANY NAME: ABC Corporation




JOB DESCRIPTION (Just a header)


JOB TITLE: Machine Operator III                                            


DEPARTMENT: Production                    


REPORTS TO:   Shift Supervisor                    


COMPLETED BY:  John Smith, Human Resources Manager


DATE: 00/00/00                                    


SUMMARY (Just a header)


The Blank will:


    

  • Set up and operate a power and manually operated machine
    • 



ESSENTIAL DUTIES AND RESPONSIBILITIES include the following:


    

  • Load and unload machine
    • 

  • Examine finished products
    • 



EDUCATION and/or EXPERIENCE


High School Diploma and related experience and/or training; or equivalent combination of education and experience.  Knowledge of hand tools desired.


LANGUAGE SKILLS


Ability to read, analyzes, and interpret, etc.


MATHEMATICAL SKILLS


Ability to add, subtract, multiply and divide.


REASONING ABILITY


May work in an environment where multiple projects are being executed at one time.


CERTIFICATES, LICENSES, REGISTRATIONS


Maintains a valid Drivers License


PHYSICAL DEMANDS


The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job….


Lifting, bending, twisting


May lift in excess of 50 lbs.


WORK ENVIRONMENT and ENVIRONMENTAL CONDITIONS


The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.


Frequent exposure to several adverse stimulations or to one which is particularly disagreeable.


___________________                          ____________________       _______________


Employee Name                                               Employee Signature                       Date


____________________                        ____________________       _______________




Supervisor Name                                             Supervisor Signature                      Date




 


When an employee understands how his/her responsibilities individually and collectively impact the organization, he/she will be more engaged.   Do you want help increasing productivity? 


By now you can see there is a lot more to writing a job description than listing responsibilities.   You must comply with the ADA laws when writing your job description.


So why bother to have job descriptions at all if you need to jump through all these hoops, you ask?


    

  1. A well written job description serves as a guide for your employees.
    2. 

  2. It gives them a clear understanding of what is expected of them.
    3. 

  3. It serves as a basis for accountability and protects your business.
    4. 

  4.  It also helps to define the roles so you can justify the rate of pay for each position.
    5. 



Could you use some help creating these job descriptions and increasing productivity for your business? Let me hear from you.    Nancy (508) 769-2294


 


 
		

		
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Every Business Would Benefit from a Human Resource Manager . . .

		
		
March 8, 2012  By  Leave a Comment 
		

			


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Employee Relations or Union Arbitrations; Which one do you prefer?

		
		
February 27, 2012  By  1 Comment 
		

			
 


 












 
 






The National Labor Review Board (NLRB) approved and issued changes, which are coming in April, and will shorten the time between a union petition and an election from an average of 38 days to about 14 to 28 days.  According to Society of Human Resource Management (SHRM), the time between a union petition and election hearing has been shortened, and there is no automatic right to appeal before an election is held.  Because there is so little time for the employer’s campaign, there need to be meetings by the Company about how to head off unionization every day after the petition is filed.


 


A “War Room” should be set up by the Company and ready to respond to a petition for a union, with ample storage for campaign materials, tables, seating, a shredder and access to the Internet. The employer may put a website together on unionization convincing employees to vote against it.  The web, email and social media are methods that unions are using to contact employees, and that is a trend that is expected to grow.  Company websites must counter this organized activity and show why employees are better off without unionization.


 


Once an employer has gotten a petition, they should immediately hold a supervisor meeting to determine the level of understaning each managers has about unions.  Supervisors will be the front line for the employer during the campaign period. They should be trained to provide convincing responses to questions that employees may ask.  Companies should identify who will be their management voice to communicate the employer’s message at meetings. It is very important to select a manager who employees respect.


 


Here is an example:


Employee state wages are low, and the union can help raise earnings.  Supervisors might be trained to respond the market is competitive and that higher pay may put jobs in jeopardy and result in layoffs.


 


Letters campaigns should be mailed to employees’ home early.  This allows the husband or wife to be aware that the union dues can be taken out of their paychecks.


 


Be prepared for unions:


 


1.  Review your policies – recommend open door policies and a bulletin board for employees to air their grievances.


2.  Benchmark employment practices - If a company is behind the market on wages and benefits and can’t explain why, unions will have an easier time organizing.

3.  Conduct employee and management surveys – By asking employees for their input, it will help them realize they have a voice that is heard, even without a union.

4.  Train management - Employers can’t wait until they have a petition for an election to train managers on union preparedness. Supervisors should be responsive when they see employees are unhappy in the workplace.


5.  Know yourself and how you’d organize your own employees - Most campaigns focus on two or three issues, such as wages and health insurance. Find out what your company’s weaknesses are and prepare a response in advance.

6.  Implement risk/response protocol – One of the biggest mistakes is for employers to start talking to employees about unionization without knowing the legal limits for such discussions. This makes it more difficult for an employer to fix problems in compliance with the National Labor Relations Act.


7.  Prepare first round of union avoidance materials in advance – Make sure the materials are available in different languages.


 


Good managers should have the ability to understand what employees are unhappy about. Unions most frequently are organized by unhappy employees who reach out to unions.


 


If you have employee relations issues, we recommend you do not allow them to fester.  Union avoidance begins with diffusing difficult employee situations.  Need help?


 



 








 
		

		
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Management Missteps

		
		
February 14, 2012  By  Leave a Comment 
		

			
If you are like most business owners, you need to get a product out the door or perform a service for a customer. But, you must have people to support you. As a savvy business owner you have analyzed your requirements, written a job description, and selected a mechanism to advertise the position. [Navigating Your Staffing Needs]


So what’s next?


Annual business fluctuations cause periods of high demand that the team cannot meet without outside Human Resource support, which may increase the cost of a new hire.  Conversely, during periods of reduced effort, the team is overstaffed and probably overextended in its financial commitments to various recruitment tools, job boards and advertising. Consider a model using contractors during these high demand periods.


HR Consultants provide flexibility in work hours and skill sets, but the on-boarding process and the productivity time related to training, absorbing the culture, and building internal relationships may drain internal resources and limit the overall return on investment.


So let’s look at the process. . .


One area of major waste is the lack of processes when it comes to hiring. Usually when the process cannot be tracked at all, this is the root of the problem. For example, you have an urgent need for an Engineer. A hundred or more applicants submit resumes for the job. Resumes are delivered to the hiring manager, who examines the top two dozen or so resumes. The hiring manager takes the resumes home that night, reviews them throughout the week and contacts the top eight to ten candidates for an initial phone conversation. He/she then choose five candidates that seem qualified for a formal interview and sets up times for them to meet the team.


Considering the myriad responsibilities that already fall on your team. It is unlikely that all the right steps are being taken to ensure interviews are done in a consistent, fair, effective and productive manner.


Instead, resumes likely are distributed to people who will take part in candidate assessment prior to the live interviews. Each person views the resumes, often guessing what the candidate will be responsible for if hired, but that person probably is not certain what he/she should be asking. Maybe one was told to screen for presentation skills. Another was tasked with finding out why the candidate wants to leave his/her current situation.


Otherwise, there isn’t much guidance for your managers who are probably not well-versed in the intricacies of effective interviewing. So they not only lose time away from daily work responsibilities, they may duplicate efforts, use poor judgment and alienate candidates.


Imagine not defining product requirements or expecting a team to work without a targeted plan. This often happens when there is no well-defined plan for recruiting. Most companies feel they have a recruiting strategy. They predict expected number of hires annually, determine compensation levels, how much attrition to expect and establish a recruitment budget for advertising and agencies. But they often miss the most important step – the process.


Without a systematically executed process, it is impossible to recruit at the most efficient levels. Examine current operations to see where small improvements and enhanced documentation can help cut recruiting waste.  Example: the interview process is a candidate’s first view of your business. It requires a basic overview of your business and defined roles and responsibilities at each stage to ensure successful execution. The current employment market has produced more active candidates than ever before. Some candidates seeking employment are qualified; others may be completely off-target. Hiring managers need a system to evaluate resumes and ensure the best talent is not overlooked. This system must be efficient, as managers cannot afford to spend a lot of time on this process.


Before getting started I recommend:


• Establish standards to review each batch of new resumes.

• Provide managers with a standard process to review resumes.

• Ensure managers know what to look for, how to identify red flags and where to document questions, concerns and notes so interview team participants can follow up on those items.

• Establish standards to track candidate information. This step can save countless hours and money as the organization grows.

• Make certain the company is in compliance with all EEOC guidelines, which will save time and potential costs in the future.


Need help navigating your next hire? Let us hear from you!


Nancy (508) 769-2294


nancy@dubeconsulting.com


www.linkedin.com/nancyldube


www.facebook.com.dubeconsulting


 
		

		
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OSHA Compliance Awareness – What a Drag!

		
		
February 2, 2012  By  Leave a Comment 
		

			
The topic of compliance is huge.  As a business owner you are most likely overwhelmed by the regulations forced on you by local, state and federal labor laws.  As a HR professional it is my job to stay abreast of changes, deadlines and the impact thes regulations can have on your business.  When I talk about this stuff, most business business owners think  that they can overlook, by-pass, or just do the minimum required.  I regret to inform you, but this is not the case!


Fines are very sizable for violating the laws.  Perhaps you don’t think you will get caught.  You can stay just under the radar – think again.  Do you know that the size of your business and the industry matters? OSHA is not the only governing authority.  The Department of Labor also mandates compliance.    Everything from opening your doors to hiring an employee is regulated.  The method used to track attendance, the medium used to pay your employees, the classifications of employees.  I could go on and on. 


For the purposes of this blog, I thought I would begin by raising your awareness of a time sensitive requirement.  On February 1 your summary of OSHA Injury and Illness Log is due to be posted.   Have you finalized your OSHA 300 Form?  Have you prepared the OSHA form 300A? 


If you are an employer whose industry is subject to the OSHA record keeping requirements and you have had more than 10 employees at any time during the calendar year, then you MUST maintain the log.  The summary must be signed by a company executive and posted in a conspicuous location within the workplace from February 1 through April 30.


If you face other compliance issues or wonder if the State or Federal Government will fine you, then you should get some advice.  A labor attorney or HR Consultant work with these mandates and can keep you out of “hot water.”  As for the summary of OSHA Injury and Illness Log, you can find these forms on the OSHA website. If you need help completing them, let me hear from you.


Nancy (508) 769-2294


nancy@dubeconsulting.com


www.linkedin.com/in/nancyldube


www.facebook.com/dubeconsulting


 


 


 
		

		
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