acolemacx Human Resources, Regulations, Uncategorized

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

acolemacx Human Resources, Regulations, Uncategorized

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

 

acolemacx Human Resources, Training & Development, Uncategorized

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

 

acolemacx Human Resources, Negotiations, Uncategorized

5 Considerations for Effective Workplace Investigations

We recently completed a successful training on effective and legal workplace investigations.  During the recording of our next podcast for Upstate HR, we also discussed workplace investigations and the importance of proactive investigatory processes.  Throughout my career, many of my experiences have provided valuable insight into the importance of effective and efficient workplace investigations.  As leaders, we need to take complaints and investigations seriously, as these issues can escalate into additional problems in the workplace, on social media,  and create stress outside of work.

Below are 5 considerations for effective workplace investigations:

  1. Don’t ignore the issue/complaint. If any employee approaches the organization with a complaint or allegation, we need to take this seriously.  Ignoring or hoping the issue goes away or resolves itself is not the right approach; we need to address the underlying issues.  Ask questions and ensure you understand the details of the issues/allegations.
  2. Never assume: Remember, there are two-sides to every story.  Do not assume that one party is guilty, because we only hear one-side of the story.  In most cases, fact-finding means understanding the entire allegation/situation before making a decision.
  3. Prepare, Prepare, Prepare: Preparing for the investigation interviews and fact-finding is challenging.  What questions do we ask?  What information do we need?  Who should we talk too?  The answer to this is that it depends on the situation.  Creating a template or checklist to ensure consistency and accuracy will help in working through the process efficiently and proactively.  Ask leading questions that force individuals to answer questions with more information, versus “yes” or “no” answers.  The more prepared you are, the more efficient the process will become.  Investigations are not easy and questions that are asked will not always be enjoyable for people to answer.  I have asked many of these questions throughout my career.  Be prepared, and know laws, policies, procedures, contract language, etc. that may be involved or impacted by the investigation.
  4. Neutrality: This consideration defaults back to consideration #2.  Remain neutral throughout the investigation and recommendation process.  This takes practice and is not easy in small organizations.  If you as a leader feel that neutrality is not practical internally, it is not always a bad idea to bring in a third-party to conduct the investigation and draft a finding of facts.  Using a third party all but ensures neutrality throughout the process.
  5. Closure/Conclusion/Recommendation: Throughout my career, I have seen this final step as the biggest hurdle for many organizations.  The investigation is conducted, information is gathered and then nothing happens.  Regardless of the outcome or recommended outcomes, the investigation needs to be closed.  I’m not suggesting revealing confidential information, but we do need to close the loop of communication with the parties involved.  Without proactive communication, we could see increased employee relations issues, decreased employee morale, and potential retaliation issues.  This is one of the most important pieces of the investigation process.

We closed out the podcast yesterday on a positive note.  Not all workplace investigations are negative or lead to discipline.  Workplace investigations are great for process improvement, addressing safety concerns, Six Sigma change, employee engagement, and efficiency.  Regardless, we need to take the investigation process seriously and manage it proactively, by reinforcing rules and policies throughout.  If you are unclear on how to investigate, ask for assistance or hire a third-party neutral to manage the process for the organization.

– Matthew Burr, HR Consultant

 

Below are the for upcoming training’s I will be conducting at Elmira College, Corning Community College (CCC), 247 Compliance and Compliance Online (July & August):

Elmira College: SHRM Certification Exam Prep Course- September through November

Upcoming Corning Community College Training’s

247 Compliance: Performance of Dashboard Using KPIs and Designing

 

Below is a link to our new Podcast Upstate HR:

Recruitment in the Modern Age

iTunes subscription will update you whenever we post a new podcast.

New podcast recently updated.

 

 

 

 

 

 

acolemacx Human Resources, Uncategorized

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