Posts Tagged ‘HR best practice’

Start Writing Effective Job Descriptions

Wednesday, August 3rd, 2011

Compliance Tip of the MonthA well written job description is a key component in all phases of the employment lifecycle.  Having a job description for each position and providing the job description to applicants and employees will assist you in:
1.    Recruitment, Interviewing and Hiring
2.    Orientation and Training
3.    Performance Management
4.    Disciplinary Action Support
5.    Legal Compliance and Lawsuit Defense

This template is designed specifically for human resources professionals at dealerships to help you write effective job descriptions. It is a free download, and we recommend using it as often as needed. It is available here:

http://www.kpaonline.com/compliance-resources/hr-resources/whitepapers.html

Who Are You Really Hiring?

Tuesday, May 17th, 2011

If you aren’t doing background checks and drug screens before you hire then you really don’t know who you are hiring.  KPA has found that over 30% of applicants we process through our HR system do not provide complete or accurate information on their application. To make a good hiring decision and to protect yourself in the event of a negligent hiring lawsuit a background check and drug test are a must. I’ll never forget having to testify against a client when I worked for one of the largest background companies in the US. The plaintiff’s attorney asked me if the client could have seen a history of substance abuse and traffic accidents if they had just been willing to spend $60 for a background check. I had to answer yes, the client had access and in fact had ordered background checks and drug tests in the past. Unfortunately a supervisor at the client company shortcut the process and put a person to work without the required background check. The new employee then promptly got drunk on the job and ran a company truck into the back of a car. The HR manager was not aware that the process had not been followed until after the accident had happened.  The settlement reached with the injured parties was over a million dollars.  Lessons learned?

1) Standardize the process for obtaining and reviewing background checks and drug tests.  If possible use software that will automate and force compliance to company policy for not just background checking but for the complete hiring process.

2) Don’t be penny wise and pound foolish.  A background check and drug testing will cost in the range of $60 to $75 dollars if you use a third party. A very small investment to make sure you know exactly who you are hiring.

3) Use a third party provider (they have  expertise, and access to data you won’t have ) but select with care.  Understand how they obtain their data. Make sure they provide compliance assistance as there are a  number of regulations at the state and federal level that govern the use of drug testing and background checks in hiring.

4) Never establish a policy that states “we don’t hire anyone with a criminal record”.  In many states this would be considered discrimination.  Each background check must be reviewed against the actual job and factors such as time since the criminal act, age at the time of the act, efforts at rehibiliationa and the serious of the crime must be considered.  Employers can determine that it is not in their best interest to hire a person with a criminal record but must show that the decision was made fairly and without discrimination.  Providing a ranking using specific criteria is where  third party provider can really add value.
For more information on background checking go to http://www.kpaonline.com/hr/hr-management-system/background-checking-drug-testing.html  or http://tandemselect.com/

Join the conversation: Do you always obtain a background check and drug test on a new hire?

Add Assessment Testing For Better Hiring Results

Tuesday, May 10th, 2011

As employers start hiring again two question we are frequently being asked from our HotlinkHR clients is “how can I make sure I hire person who really fits in here, we can’t afford a bad hire?” and “we’ve got the basic hiring process down but want to take it up a notch, what more can we do?”.   The answer to both questions is to add assessment testing to your hiring process.  Using assessment testing will help you understanding a person’s temperament and communication style which in turn will allow you to obtain better information during interviews, assess “culture fit” and provide insights into how the candidate will work with the  current  team.   Here’s a quick overview of the benefits of adding assessment test to your hiring process.

The 100 Best Companies To Work For-Could Your Company Make The List?

Wednesday, April 27th, 2011

Fortune Magazine just published their annual listing of the 100 best companies to work for.  The companies run the gamut from services (law, accounting, consulting) to construction to non-profits to retail to hi-tech.  Healthcare and Professional Services are the most represented industries on the list but there are also three companies in the automotive market -#15 Mercedes-Benz USA#16 JM Family Enterprise and #81 CarMax.  So are you thinking, it’s easy for these big,  publicly traded companies to be a “best place to work” but not so easy for the average company? Think again, your company may not make Fortune’s list next year but you can learn from and implement the best practices that make a company a “best place to work. Why bother?  Being know as a “best place to work” locally, regionally or within an industry makes it easier to attract and retain the best employees, which has a direct positive impact on your company’s bottom line.  Companies on the “Best Companies to Work For” list have consistently outperform major stock indices since 1998. 

 So what makes a company a best place to work?  According to the Great Places to Work Institute to be a great place to work employees ”"trust the people you work for, have pride in what you do, and enjoy the people you work with.”   The trust factor of an employee  is ” related to management’s credibility, job satisfaction, and camaraderie.”    Providing  fair and competitive pay and benefits, have good hiring practices,  open internal communications, abundant training opportunities, meaningful recognition programs and a committment to diversity all create a best place to work.   To learn more about how any company,  big or small,  in any industry can be a best place to work check out the Great Places to Work website at http://www.greatplacetowork.com/index.php

Join the conversation: What makes a company a best place to work?

EEOC Issues Final Regulations for ADA Compliance

Wednesday, April 13th, 2011

Can you define what is a disability and who is covered under the ADA (Americans With Disabilities Act) and ADAAA (ADA Amendments Act of 2008) ?  The answer to this question of what is a disability  under the EEOC final regulations may surprise you.  Watch this short video to learn about the impact on employers when the Equal Employment Opportunity Commission (EEOC) final revised Americans with Disabilities Act regulations become effective on May 24, 2011.

 

 

 

 

 

Don’t forget “protection” when disciplining or terminating employees

Friday, April 1st, 2011

Remember the “protected” rule when disciplining or terminating employees. Never discipline or terminate an employee in a protected class or an employee engaged in a protected activity without consulting an attorney. Protected classes are race, color, religion, national origin, age (40 and over), disability, veteran status, genetic information sex, familial status, sexual orientation and gender identification (some jurisdictions). Protected activities include lodging a harassment complaint, filing a work comp claim, taking certain leaves including FMLA leave, asking for a disability accommodation or complaining or filing a charge of unlawful activities.

Environmental Health and Safety Start At The Top

Wednesday, March 30th, 2011

A successful environmental health and safety program has to start from the top.  Without executive involvement,  even those programs designed and implemented with the best of intentions,  sputter and frequently fail.  With the increase in regulatory audits management must be an active not a passive participant. Outsourcing training, facility inspections and using software to track and report on compliance can be a terrific cost and time saver but does not replace management oversight. If management is not actively engaged in ensuring a safe workplace employees will not be engaged.

For some great tips on how to create a safety culture in your organization with authentic management engagement watch this  short video by Wayne Curtis, Director of Client Operations for KPA.

Want To Stop Whistleblowing? Give Out Whistles

Monday, March 21st, 2011

Never want to face a whistleblower initiated  investigation or lawsuit? Then encourage whistle blowing. Give your employees “whistles” and tell them to blow them,  asking that they blow them internally first. Creating a strong culture of internal reporting and resolution of issues is the best way to avoid costly government investigations and lawsuits. Plus having documented procedures and policies and a history of following up on employee complaints is critical if you do have to respond to an investigation, audit or lawsuit.

Here are simple steps that give your employees the chance to “blow the whistle” internally and create a safe, ethical and legal workplace culture.

  1. Create a policy for reporting issues or violations that includes:
    • How to report using formal mechanisms such as hotlines and  e-mail mailboxes
    • Communicates the process of voicing concerns, such as a specific chain of command, or the identification of a specific person in the organization
    • Clearly states that no retaliation will be tolerated
  2. Establish a connection between your businesses code of ethics, your safety standards  and performance measurements. Acknowledge and reward those employees who hold themselves to the highest ethical  and safety standards.
  3. Management  Buy In. Upper management must demonstrate a strong commitment to reporting and resolution of issues. Every manager should be trained on the corporate policy and required to have an “open door” policy for reporting issues.
  4. Talk it Up. Top management should make every effort to talk about the commitment to ethical behavior and a safe workplace in memos, newsletters, and speeches. Publicly acknowledging and rewarding employees who report issues sends the message that management is serious about addressing issues.
  5. Follow Up. Managers must investigate all allegations of improper, illegal  or unsafe conditions promptly and thoroughly.  Inaction when an issue is reported is the best way to create cynicism about the seriousness of an organization’s ethics policy.
  6. Check Up. Find out employees’ opinions about the organization’s culture. Conducts an annual employee survey related to ethics, safety and open communications.   Some questions to included are: Do you believe unethical issues are tolerated here? Do you know how to report an ethical issue?  Are you aware of any unsafe conditions?  Are you comfortable reporting issues to upper management?

Join the conversation:  Do you have an internal issues  reporting program?

Does having “Adonis DNA” provide protection under GINA?

Saturday, March 12th, 2011

In the midst of the Charlie Sheen media frenzy, several important questions in the Sheen vs. CBS/Warner Bros. dispute are being overshadowed by the sensational personal videos and interviews.  Should an employee’s personal life affect his/her employment?  What if that employee is making vast quantities of money for himself/herself and the company? Does having “Adonis DNA” provide protection from non discrimination in the termination process under the new GINA (Genetic Non- Discrimination Act) regulation?

With Charlie Sheen’s controversial personal antics, CBS and Warner Bros. finally starting questioning fitness for duty. Some ask why it took this long for them to finally take note of Sheen’s personal actions.  Did it have anything to do with the fact that Charlie Sheen helped make “Two and a Half Men” one of the top syndicated shows on television?  Probably. Other high earners in the entertainment industry, professional sports and business have been given considerable leeway from normal standards of conduct.  But in the end, high earners are not exempt from negative and/or questionable personal public image, even if means the loss of high earnings for the employee and high revenue for the company he/she represents.

Warner Bros. indicated that they fired Sheen because his erratic personal life became a liability for the company and started to affect his ability to perform on the show. Notice that the employer was very careful to focus on the ability to perform the job (fitness for duty) as the reason for termination. While most employees will not have a contract and the employment relationship will be “employment at-will” it is still very important  that the employee is never fired for anything that could be construed as discriminatory. While “ having tiger blood” or being “a rock star from Mars” are not protected classes (at least not yet) employers must ensure that employees are never fired because of race, gender, sexual orientation, national origin. “Adonis DNA” certainly sounds like a genetic issue, but  isn’t covered under GINA (Genetic Information Non-discrimination Act). There may be upcoming legislation to make trolls a protected class after Jon Cryer’s revelation on the Conan O’Brien show.

ICE Crackdown on Employers of Illegal Immigrants

Friday, March 11th, 2011

The office of U.S. Immigration and Customs Enforcement, a unit of the Department of Homeland Security,  announced a new  audit office,  the Employment Compliance Inspection Center.   The center will be staffed with specialists who will reveiw I-9 employee files collected during audits. In the fiscal year that ended Sept. 30, 2010, ICE conducted audits of more than 2,740 companies, nearly twice as many as the previous year. The agency levied a record $7 million in civil fines on businesses that employed illegal workers.  Employers must complete the I-9 form within three days of hire and all documentation must be accurate.

Tamara Lischer, PHR, CA-PHR and HotlinkHR Client advocate dicusses best practices for ensuring your I-9 forms are in compliance.