Personnel Records Request in New York State & Paid Family Leave Letter Correction

Occasionally, an employee will request access to their personnel file during the employment relationship or after departing from the organization.  What are our legal obligations in providing this information to current or former employees?  There is currently, “no federal law that requires private employers to provide employees access to their personnel files, but there are many state laws that do grant access.”[i]  The answer varies, based on state specific laws and regulations.  What does that mean for employers in New York State?  Currently there is no law in New York State which permits an employee to examine his or her personnel file.  There is currently an amendment in the New York State Senate to provide public and private employees the right to review personnel files, the bill is in Committee and was proposed initially 2013-2014 and is now being proposed again in 2017-2018.  However, Pennsylvania allows an employee to inspect certain information from their own personnel files maintained by an employer.  Below are websites for New York State, Pennsylvania and the Society of Human Resources Management:

NY State Worker’s Rights Frequently Asked Questions

Senate Bill S2191: NYS Right to Review Personnel File

PA Inspection of Employment Records Law

SHRM Article: Personnel Records Access Legal Obligation Federal Laws & Policies

Again, laws vary state by state.  If you are a multi-state employer, research the specific laws and regulations and be consistent with employees.  Remember to look for (.Gov) or credible website sources, when searching for current state laws and regulations.  If you are required to provide access to employees on all or certain personnel file information, ensure you have a policy in place that is fair and consistent to all employees.

Below is a correction to the draft communication letter, when communicating NYSPFL information throughout the organization.  Correction underlined as regulation has changed, from $1.65 weekly maximum contribution to $85.56 annually:

The cost of Paid Family Leave benefits is paid for by the employee via payroll deductions.  The Company will be deducting a percentage of your average weekly wages (determined by New York State) to fund Paid Family Leave benefits.  The deduction rate, which is set by New York State and is the same for everyone, is 0.126% of each employee’s weekly wage with a weekly wage cap of $1,305.92.  The maximum contribution is currently $85.56 annually.  For example, if the employee’s weekly wage amounts to $1,000.00, the maximum payroll deduction for Paid Family Leave would be $1.26 for that week.  For employees who make more than the state’s average weekly wage of $1,305.92, the Paid Family Leave deduction will be capped at $1.65 per week (0.126% of $1,305.92).  We will be designing and communicating a more detailed Paid Family Leave policy in the future to be effective in 2018.  If you have any questions please contact ____.”

 

– Matthew Burr, HR Consultant

Burr Consulting, LLC

 

[i] https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/copypersonnelfiles.aspx

 

New York State Paid Family Leave Communication Letter

In late July, I wrote a brief article regarding “6 Need to Knows About the New York State Paid Family Leave (NYSPF) Legislation” and will more than likely write a few more articles about the legislation as we approach deadlines and implementation in 2018.  We are still patiently waiting for final rules and regulations to be issued from the New York State Workers’ Compensation Board, which continue to be communicated slowly.  Continue to monitor for any changes that can and will impact your organization.  As we approach 2018, we should begin communicating with employees about NYSPFL and the upcoming payroll deductions (if you haven’t started the deductions yet).

Below is a draft communication letter to consider when communicating NYSPFL information throughout the organization, which can also be used as a memo for a bulletin board or intranet/email message:

“Effective January 1, 2018, employees could be eligible for Paid Family Leave, as permitted under the New York Paid Family Leave Benefits Laws and Regulations.  After this date, eligible part-time and full-time employees may take Paid Family Leave under certain conditions, including: (1) to care for a family member with a serious health condition, (2) to bond with a child after birth or placement for adoption or foster care within the first 12 months after the birth or placement, or (3) because of any qualifying exigency arising from the fact that an employee’s spouse, domestic partner, child or parent is on active duty (or has been notified of an impending call or order to active duty) in the armed forces of the United States.

Paid Family Leave will phase in over 4 years with a gradually increasing benefit amount and duration, as shown below:

The cost of Paid Family Leave benefits is paid for by the employee via payroll deductions.  The Company will be deducting a percentage of your average weekly wages (determined by New York State) to fund Paid Family Leave benefits.  The deduction rate, which is set by New York State and is the same for everyone, is 0.126% of each employee’s weekly wage with a weekly wage cap of $1,305.92.  The maximum contribution is currently $1.65 each week.  For example, if the employee’s weekly wage amounts to $1,000.00, the maximum payroll deduction for Paid Family Leave would be $1.26 for that week.  For employees who make more than the state’s average weekly wage of $1,305.92, the Paid Family Leave deduction will be capped at $1.65 per week (0.126% of $1,305.92).  We will be designing and communicating a more detailed Paid Family Leave policy in the future to be effective in 2018.  If you have any questions please contact ____.”

Other considerations for NYSPFL Communication Letter and/or Policy:

  • Dates for deductions and payroll processing
  • Concurrent use with Family Medical Leave (remember FMLA varies in coverage)
  • Concurrent use of vacation and/or other paid time off
  • Eligibility, job protection and benefits protection regulations
  • Provider information, certification forms and submission processes
  • Approval and denial information

Additional organizational considerations for NYSPFL:

  • FMLA policy updates
  • Handbook updates
  • Labor and employment law posters/legal communication

The letter is designed for proactive communications.  As laws and regulations evolve, the letter/communication tools will also change.  Organizations should consider developing a frequently asked questions list, to assist employees in better understanding NYSPFL laws.  

 

– Matthew Burr, HR Consultant

8 Thoughts on Selecting an HRIS or Payroll Management System

Recently, I conducted a webinar on HRIS and Payroll Management Systems.  As leaders, we need to have a clear understanding of organizational needs for these systems.  Is the organization prepared to implement a new system or upgrade to a different system?  Are either of the systems necessary for the success of the organization?  Will it make the organization more efficient?  Are we prepared to pay for the new system?  Can we internally manage the new system?  There are many questions to consider prior to purchasing a system or buying software.

Below are 8 thoughts on selecting an HRIS or Payroll management system:

  1. Organizational assessment: Do you have the resources inhouse to select a system or should an external consultant (neutral) guide the organization through the process?
  2. Organizational needs: How would a new system work within the strategic plan of the organization?  Who is responsible for processing payroll?  Which reports do we need?  Turnover, terminations, new hires, Affirmative Action and other compliance reports.  Do we want an employee-self service module?  What about cellphone aps?  Will employees enroll in benefits on the new system?  Is it just for payroll processing?  What about all these modules?
  3. Project planning: What is the budget for the new system?  Do we have IT support to manage the new system?  Do we have server space for the new system?  Do we have the time to invest in project planning and project implementation?  As we approach the fall months, open enrollment, holidays and performance reviews will take priority.  Time is important for the success of a major implementation.
  4. Evaluating available systems: Develop a spreadsheet that ranks and rates the available system, based on the needs assessment.  What does the organization need and how will we measure available systems?
  5. Project team: “Critical stakeholders may differ from organization to organization, but the considerations and evaluation committee should at least include members from the following departments: IT, payroll/finance/accounting, HR, compensation, performance management, training, recruiting, operations.”[i] Operations is a major stakeholder in the selection process.  Supervisors, managers and employees will be inputting and approving timesheets.  They need to be included in the selection process.  Slow and inefficient systems take away from operations.
  6. Requesting the proposals: Utilize the RFP process within your organization and seek four to seven bids from vendors.  Include information about the organization, project specifications (organizational needs), high-level budget information and project schedule/implementation dates.  Ensure you leave enough time to evaluate systems, 3-6-month commitments on current pricing schedule.
  7. Trial the systems: The project team should meet with three to four potential vendors.   A demonstration of the systems should be included in the evaluation.  Utilize the evaluation spreadsheet that was developed and be prepared to ask questions.  The entire team should be present during the demonstrations and evaluation discussions.
  8. Make your choice: Upon selecting one or two final systems, a request should be made to each vendor for references and potential onsite visits.  The vendors should provide current or past clients.  If they avoid providing references, this might a red flag during the selection process.

Once the finalist has been selected, the organization should negotiate a service contract.  Other negotiation considerations; training, IT support, cloud support, compliance updates, software updates, warranties, self-service, cellphone aps and modules.  Does the organization need a system with all the bells and whistles?  Ensure that you are not upsold on modules and system add-ons you do not need or will not use.  Hold the vendor accountable to the agreed upon service contract.  If you are unclear on the process seek guidance and welcome advice.

 

– Matthew Burr, HR Consultant

Burr Consulting, LLC

 

[i] https://www.shrm.org/resourcesandtools/tools-and-samples/how-to-guides/pages/howtoselectanhrissystem.aspx

6 Need to Knows About New York State Paid Family Leave

I have written about New York State Paid Family Leave three or four times over the past 8 months, and will more than likely write a few more articles about the legislation as we approach deadlines and implementation in 2018.  We are still patiently waiting for final rules and regulations to be issued from the New York State Workers’ Compensation Board, which continue to be communicated slowly to employers and insurance companies.  Continue to monitor for any changes that can and will impact your organization.

Below are 6 Need to Knows about NYSPFL as we approach 1/1/2018:

  1. Employer Eligibility: Qualifying reasons for leave under current PFL include; bonding with a new child (birth, adoption or placement in foster care), employee providing care for a child, parent, grandparent, grandchild, spouse or domestic partner with a serious health condition and qualifying exigencies arising from military services of the employee’s spouse, domestic partner, child, or parent.  Serious health condition or qualifying exigencies, follow the same guidelines that we see under the Family Medical Leave Act (FMLA)
  2. New York State’s Average Weekly Wage: The current average weekly wage is $1,305.92.  On March 31st of each calendar year, the rate is recalculated by the New York State Department of Labor.  More than likely, we will see this rate continue to increase year over year.
  3. Employer’s Obligation to Fund Paid Family Leave: “Although employers are required to provide PFL benefits to eligible employees, employers are not required to pay anything towards the cost of those benefits. Paid family leave is intended to be 100% employee-funded.”[i]  The Worker’s Compensation Board has yes to publish all rules in this area, continue to monitor for additional updates and new guidelines.
  4. Maximum Deductions: The most that can be deducted is 0.126% of the New York State average weekly wage.  This will be for an employee’s weekly wage.
  5. Insurance or Self-Insure: The employer can forego obtaining insurance and has the option to self-insure. Currently, the employer must elect to do so and file the required paperwork with New York State, no later than September 30, 2017.
  6. Employer’s Offering Benefits That Exceed NYSPFL: If an employer is already offering paid family leave that exceed the legal requirements and pay full salary during leave, the employer may request reimbursement from the insurance carrier for advance payment of benefits.  The employee is not entitled to add-on or double dip NYSPFL or short-term disability.  Benefits are limited to a total of 26-weeks; paid family leave and disability.   

 

As we approach January 1, 2018, continue to watch for updated rules and regulations from the New York State Worker’s Compensation Board.  There are still unanswered questions and areas of the legislation that need to be clarified.  Organizations should now be working with insurance companies or determining if they would like to be self-insured.  Do not wait until the last minute to begin implementing, taking deductions or communicating with the workforce.  The law is complex, seek guidance if you are confused.

New York State Paid Family Leave Resource Website

FMLA & NYPFL – Key Differences

PFLvsFMLA

[ii]

– Matthew Burr, HR Consultant

[i] https://www.bsk.com/media-center/3746-labor-employment-faqs-mdash-things-you-want-and-need-know-about#.WWfMyYVh068.linkedin

 

[ii] Guardian NYSPFL Presentation

25 State Specific Labor Poster Changes

In February, I wrote a brief article regarding the six changes to the federal labor law poster penalties.  The fines associated with these changes and non-compliance (or not updating) with current labor poster regulations did increase.

Labor and employment regulations on these posters at both the federal and state level can and have changed during the year.  They do not always change at the end of or beginning of a calendar year.  As leaders, we need ensure these posters are updated timely with accurate information.  There are times when posting requirements will not change from year to year.  However, the changes we have seen over the past 2-3 years are significant.  Below are 25 state specific labor poster changes to be aware of in 2017:

25 Poster Changes in 2017.jpg

[i]

New York State minimum wage increased at the end of 2016 and will increase again at the end of 2017.  Remember that NYS Paid Family Leave might also be added to the posting requirements in 2018.  Many of our organizations operate in multiple states.  We need to ensure the labor posters are updated with accurate federal and state information.  An updated poster in New York State does not guarantee that the information in any other state of operation is up-to-date.  Review posters in all locations to ensure legal compliance.  Certain payroll companies will provide updated posters, based on the agreed upon contract.  There are services organizations can subscribe, to receive the updated posters when changes are made on the federal, state or local level.  If you are unsure on the legality of your organizations posters, seek guidance.  Do not assume it is up-to-date.  Buying a poster (or downloading the information for free) is much cheaper than paying a fine.  Audits and reviews are always helpful in understanding what changes need to be made!  The website below provides more information on state specific mandatory updates:

Posterupdates.com

 

– Matthew Burr, HR Consultant

 

[i] SHRM.org

New Form I-9 Issued in July 2017

It seems like we just had a new Form I-9 issued in November 2016, effective in January 2017.  We did.  The U.S. Citizenship and Immigration Services (USCIS) published an updated version of the I-9 Form on July 17, 2017.  This new form will be mandatory to verify employment eligibility on September 18, 2017.  The revised form issued on November 14, 2016 can be used through September 17, 2017.  The current storage and retention rules remain the same.  “The new version brings very subtle changes to the form’s instructions and list of acceptable documents, which were created with the theoretical goal of making the form easier to navigate,” said Davis Bae, managing partner of the Seattle office of law firm Fisher Phillips. “Besides changing the wording on the form in almost imperceptible ways, the new version renumbers all List C documents except the Social Security card, and streamlines the certification process for certain foreign nationals.”[i]

Download the new here: Form I-9: July 17, 2017

Below are six, common I-9 Questions:

  1. Returning Summer Employees: If you rehire an employee within three years of the date that a previous Form I-9 was completed, you may either complete a new Form I-9 for your employee or complete Section 3 of the previously completed Form I-9, as long as the original I-9 shows current work authorization.”[ii]
  2. Re-verify a Female Employee Upon Getting Married: There is no requirement to re-verify a female employee or any employee who has a name change, currently.  “One other interesting point about transgender employees: The “Other Names Used field in the form has been changed to Other Last Names Used” to avoid potential discrimination issues and provide increased privacy for transgender individuals and others who have changed their first names.”[iii]
  3. Scan I-9s and Store Electronically: Due to the complexity of the rules and regulations regarding electronic scanning of I-9 Forms, the Society of Human Resource Management (SHRM) recommends using a qualified vendor to store I-9 Forms electronically.
  4. End of Retention Period: Shred I-9 Forms at the end of the required retention period.  However, verify the retention period requirements prior to shredding any documents.
  5. Completion Date of I-9 Form: The form can be completed as soon as you offer an individual the job and the job is accepted. It is best practice to have the offer and acceptance in writing.  Remind employees to bring the required documentation on the first day of work, if you do not require completion prior to the first day.
  6. Expired Driver’s License with a Receipt for Extension:  This is not legal.  “You may accept a receipt for a driver’s license that was requested to replace a license that was lost, stolen or damaged.”[iv]

We have seen multiple revisions to the I-9 Form over the past 10-months.  Remember to use the correct form on the dates required.  Switching the form now will save you time in September 2017.  Review the latest identification requirements and know what is acceptable when you are filling out the form.  Remember to fill out the form completely and ensure that the employee fills in their sections completely, signs and dates.  If you are confused seek guidance, I-9 Forms have grown in complexity and length since 1986.

 

 

Looking for more fast, up-to-date HR advice?

Check out our new podcast, Upstate HR  Recruitment in the Modern Age

Download an iTunes subscription and it will update you whenever we post a new podcast!

 – Matthew Burr, HR Consultant

[i] https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/USCIS-Issues-Revised-New-Form-I9.aspx

[ii] https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/tough-i-9-issues.aspx

[iii] https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/tough-i-9-issues.aspx

[iv] https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/tough-i-9-issues.aspx

 

5 Updates on Job Description

Job descriptions are an important part of the employment relationship.  Once we complete, modify or update the job description, we might assume that the work is done.  However; essential functions, duties, technology, responsibilities, etc. can and change throughout the employment relationship.  As leaders, we need to review job descriptions and ensure these documents are up-to-date with accurate responsibilities and essential functions.  The link at the end of the article provides additional information on legal cases in which a job description protected the employer and one that harmed the employer.

Below are 5 thoughts on job descriptions:

  1. Current and Accurate: Keep all job descriptions current and accurate.  These descriptions can be reviewed during the annual review process or throughout the year.  Ask the employee for input on duties and responsibilities.  They should know the job!
  2. Essential Job Functions: Ensure that the essential job functions section is accurate and up-to-date.  Physical skills should be included in the essential functions or in another area of the job description.  Is prolonged walking or standing an essential function?  What about lifting material?  How many pounds and how often?  This should also be included in the job description.  Do not forget time spent at a desk.  If the job requires 6-8 hours on the computer, this should be included.  This section can be lengthy or detailed.
  3. FMLA Leave: “If the job description is out of date when an employee seeks FMLA leave, create a current and accurate list of essential job functions, indicate in the designation notice that the employee will be required to submit a fitness for duty certification addressing his or her ability to perform his or her specific job, and provide the list of essential job functions with the notice.”[i]
  4. Approval and Signature: My recommendation is to have more than one individual review and approve the job description prior to finalizing the draft.  There should be a signoff/approval process to ensure we have not missed anything.  Once the description is approved, the employee should review and signoff on the job description.
  5. Internet Search: It is easy to search the internet and find thousands of job descriptions.  However, this does not mean the information is legal, up-to-date or fits the job within your organization.  O’net and SHRM are great resources when drafting or updating job descriptions.  These can be used as templates and resources, to help lay the foundation of a job description that fits the needs of your organization.

As jobs and responsibilities change, so too should job descriptions.  As leaders, we should ask for input when modifying and updating job descriptions, to ensure accuracy and employee engagement.  If you are unsure on where to begin or how to draft a job description, ask for assistance.  Do not assume an internet search will provide legal and accurate information.  The case below is an example of when an inaccurate job description harmed an employer and references a case in which a job description helped an employer.

SHRM Saved – Or Sunk – By the Job Description?

 

– Matthew Burr, HR Consultant

 

[i] https://www.shrm.org/ResourcesAndTools/hr-topics/talent-acquisition/Pages/Saved-Sunk-Job-Description.aspx

 

4 Updates on the 2016 Overtime Rule

On June 30, 2017, the Department of Justice released a brief to the 5th U.S. Circuit Court of Appeals, “that the Department of Labor (DOL) intends to revisit the $47,476 ($913 per-week) salary limit set by the rule through new rule-making.”[i]  Recall from the November 2016 district court ruling, which blocked the overtime rule.  The court blocked the rule based on the lack of authority by the Department of Labor to set any salary-level threshold for the exemptions.  The court case has been delayed since March 2017.  The new administration could set a new direction for the Department of Labor, overtime rule, and salary threshold.

Below are 4 thoughts updates on the 2016 overtime rule:

  1. 3-Part Test: This process to determine exemption has not changed in 75 years.  To be exempt, a worker must satisfy the following; be paid on a salary basis, earn a specified salary and satisfy a duties test.  Reminder the exempt levels for Executive and Administrative professionals in New York State will rise again at the end of 2017.
  2. Potential Changes: During his confirmation hearing, Secretary of Labor Alexander Acosta wants to raise the $23,600 threshold to “somewhere around $33,000.”[ii]
  3. New Rule-making: The Department of Labor will revisit the salary level(s) through the rule-making process.  Under the new administration we could see no need for any courts to evaluate the 2016 rule, blocking the overtime rule and new salary threshold.
  4. Appeals Court: The 2016 case has not been decided yet.  We could still see a ruling from the court system on the salary thresholds blocked in November 2016.  Continue to monitor for any potential updates on this case.

Under the new administration we can expect to see changes to the Department of Labor and potential salary threshold increases.  However, this is a federal threshold.  Remember that state thresholds can be higher than federal thresholds, based on exemption status and the duties tests.  This is comparable to what we see with minimum wage increases, state versus federal.  If you are confused about job classifications, duties tests and threshold levels, ask for guidance.  This legislation will could evolve in the court system or under the new administration.

[i] https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/dol-right-to-set-salary-threshold.aspx

[ii] https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/dol-right-to-set-salary-threshold.aspx

-Matthew W. Burr 

6 Thoughts for Non-HR Professionals

We recently completed an HR training in Dallas, Texas, for Non-HR MBA students.  The training focused on the key areas that HR can and does impact in any organization.  Throughout the training we discussed the importance of aligning the HR department with the needs of the employees and organization; not an easy task, but necessary to move forward and progress.  I know the group of 100 MBA students have a new respect for the many hats that HR professionals continue to wear.

Below are 6 thoughts for non-HR professionals:

  1. Organizational Impact: HR can and does have an impact on the direction and strategy of the organization.  The HR function is as important as any other function within the organization.  Know the impact HR can have on the organizations mission, vision, culture, goals and objectives.
  2. Legal Arena: Labor and employment laws evolve and they change rapidly.  Interpreting and implementing legal change, continues to grow in complexity.  Federal, state and local laws can have an impact on the organization.  Ask questions and never assume you have the answer, legislation is one piece.  Remember the case law and amendments.
  3. Onboarding: Onboarding begins when an applicant applies for a job.  This process is critical to recruit and retain top talent.  Managers, coworkers and direct reports have ownership in ensuring the onboarding processes are organized and aligned with the organizations mission, vision and values.  If you were a new hire, what would you expect from recruiting to hire?  Put yourself in their shoes and reverse engineer a great experience.
  4. Training and Development: Training and development are extremely important pieces of the employment experiences.  Have we asked what training is important to the organization?  To the employee?  What can we afford?  Is there grant money available?  What about leadership development training?  Look for local and national opportunities for industry and profession specific training and development.
  5. Performance Feedback: Yes, employees want feedback!  In fact, continuous coaching and feedback, more than once per year will probably be an effective model.  Goals should be aligned with organizations goals and department goals.  These goals should also include training and development opportunities; degree, certification, leadership development, computer system training, financial, stretch assignments, etc.
  6. Conflict Resolution and Communication: The final thought can be the most difficult.  Resolving conflict and ensuring effective communication.  Never easy, but necessary.  As leader’s we will be in situations that require us to have that “difficult” conversation.  Practicing these conversations is never enjoyable, at times necessary to ensure we are prepared.  Communication is essential.  Know your organization and which communication tools are effective for your workforce.

 

6ThoughtsforNonHrProfessionals

These six thoughts are just a few of the important pieces of HR that do and will impact your organization.  As leader’s we need to recognize how these pieces effect our mission, vision, values, culture and employees.  Turnover is costly.  Recruiting is costly.  Training and retraining is costly.  Understanding these six areas’ will take work, but being an effective leader takes work.  Ask for help if you need it, people spend their careers specializing in each of the six areas.  Strategic HR can shape the mission statement, vision, culture, employee engagement and values of any of our organizations.

– Matthew Burr, HR Consultant

13 Common Job Application Mistakes Made by Employers

The Society of Human Resources Management recently published an article, “Top 10 Mistakes Employers Make in Job Applications.”  I decided to add three more to the list, based on my experience.  Most employers nationwide, are still using a job application, handwritten or during the online application process.  As leaders, we need to be aware of the potential issues of not updating employment applications or using a generic employment application.  As laws continue to evolve, so too should our employment application processes.       

Below are the 13 common job application mistakes:

  1. “Including any disability-related or medical questions
  2. Not including an at-will disclaimer
  3. Not including a nondiscrimination statement
  4. Requesting graduation dates in the education section
  5. Asking about arrests and convictions, without appropriate disclaimers
  6. Putting a background check acknowledgement on the employment application (I see this too often)
  7. Not including language telling applicants how to request a reasonable accommodation
  8. Asking for a photograph
  9. Asking about marital or familial status
  10. Asking about citizenship”[i]
  11. Not including a signature section to verify that the applicant is acknowledging the information is true and accurate. Remember a resume or CV is not the same thing as an employment application.
  12. Including a section for a social security number, on either the paper application or by not allowing a person to continue through the applicant tracking system. Do we really need a social security number?  “An employment application should request only information directly related to an applicant’s ability to perform a specific job… general practice, employers should request SSN information only when absolutely necessary.”[ii]  If you do not need it, don’t ask for it.
  13. Using generic employment applications. “Well I found this on the internet, it should be okay.” Ensure that someone reviews the application or helps you develop a new one prior to using it during the hiring process.  Just because it is found on the internet does not make it legal and valid.

Employment applications are an important piece to the recruitment and retention process for all organizations.  Asking irrelevant questions on the application can be a potential liability.  As the laws continue to evolve, we need to ensure our employment application, both paper and electronic are legally compliant and efficient for job applicants.  If you have questions about your application, ask for assistance.  Do not assume that the first Google search will provide a legal job application.  Remember laws vary; federally, state-wide and city specific.  These laws will impact what can and cannot be asked on the employment application.

 

– Matthew Burr, HR Consultant

“Short Name, Proven Results”

 

[i] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/top-10-mistakes-employers-make-job-applications.aspx

 

[ii] https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/socialsecuritynumber.aspx