News

Part-time Exempt Employees

By |2024-09-03T14:15:37-08:00September 3rd, 2024|HR News|

Question:
We have an exempt employee who is going to be working part-time hours indefinitely. Do we need to switch them to hourly nonexempt or can we simply reduce their salary while keeping them exempt?

Shawna, SHRM-CPAnswer from Shawna, SHRM-CP:

You don’t necessarily need to change their classification, but the minimum salary for exempt employees—which will be determined by federal or state law—can’t be prorated based on the number of hours worked. This means you can only keep the employee as exempt if, after the salary reduction, they still make at least the applicable minimum salary. If their new pay is below the minimum for exemption, you’ll need to reclassify them as nonexempt and pay them based on the number of hours they work.

This Q&A does not constitute legal advice and does not address state or local law.

After working in the mental health field for nearly a decade, Shawna became an HR professional and obtained a masters in Industrial/Organizational Psychology with a Society of Human Resources Management certification. She also holds a Bachelor of Arts in Psychology and a Minor in Sociology. In her free time, Shawna enjoys hiking with her family, backpacking, running, and reading.

Hosting Events For Employees

By |2024-08-07T12:59:20-08:00August 7th, 2024|HR News|

Question:
We are hosting an event and would like to allow our employees to bring a guest. Should we put limits on who they can invite (e.g., their spouse)?

Answer from Kyle, PHR:

The decision is up to you, but we don’t generally recommend limiting who can be a “plus one.” Not everyone has a spouse or significant other, so allowing employees to bring whomever they want is more inclusive and inviting. They’re more likely to attend and have a good time. Not placing limits on who can be a plus one also saves you from having to define terms like “significant other” or “partner” and determining whether certain guests qualify.
That said, depending on the type of event, it could be reasonable to limit guests to those who are at least 18 or 21 years old.
If you opt to restrict who can be a guest, inform employees ahead of time and be prepared to explain your reasoning.
This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

How to Avoid Bad Hires

By |2024-08-02T07:45:48-08:00August 2nd, 2024|HR News|

How to Avoid Bad Hires

Sometimes you hire the wrong person. It happens. Maybe they aren’t as qualified as they claimed, and you’re forced to give them extra training or let them go. Maybe they seemed like a great fit, but quit shortly after starting. Maybe the employee’s work is fine, all things considered, but you can’t help but wonder whether you should have chosen a different candidate.

Nothing you can do will prevent every regrettable hire, but you can reduce the likelihood of one—and all the stress and cost that comes with it—by fine-tuning your processes for writing job postings, interviewing candidates, and making your final decision.

The Job Posting
The goal of a job posting isn’t to attract as many people as possible—not unless anyone could do the job. Effective job postings encourage applications from qualified job seekers while discouraging applications from individuals who either wouldn’t be able to do the job or perform at the level you need. The best postings are engaging, informative, and clear. They build excitement among quality candidates and provide people with reasons to self-select out of the jobs that aren’t right for them.

When drafting the job posting, you have to know what you’re looking for. Describe the knowledge, skills, and abilities needed to do the job as accurately and precisely as you can. Start with what’s most important. Readers should be able to tell right away whether they’re qualified and capable of being successful in the role.

Use language they’re likely to understand and that will help them envision themselves in the role. Be concrete, but concise. Technical jargon and acronyms might be fine if they’re well known in the field, but avoid terms that are more particular to your organization or that may have different meanings to different audiences. Be careful with abstract descriptors like “fast-paced environment,” “deadline-driven,” “long hours,” or “work hard play hard.” A fast-paced work environment, for instance, could mean projects get done quickly and efficiently, but it could also mean that people feel rushed to get their regular jobs done because they’re constantly putting out fires. If you’re not sure how to describe the work or work environment, ask employees what terms they’d use and what those descriptions look like in practice.

The Interview
As with the job posting, the interview process is an opportunity to build excitement for the role, but also to eliminate candidates who looked qualified on paper but don’t truly possess the capabilities to do the job to your satisfaction.

Challenge candidates to convince you that they would be successful in the role. Ask them how they used relevant knowledge and skills in the past and what the outcome was. What did their successes look like? What about their failures? If their answers are vague or elusive, ask for specifics. You don’t need to be confrontational, but you should be direct. Remember, you’re collecting information you’ll use to assess their fitness for the role and compare them to other candidates. Details matter, so take good notes.

When explaining the work the candidate would do or answering questions they have, be upfront about the challenges that come with the job. Don’t downplay the downsides to the point of deception. The person you hire will not appreciate being misled about the position, and if hired they’d likely be more engaged in finding another job than doing the one you hired them to do.

If you have a team of interviewers, talk with them as a group before beginning interviews so they know what you are looking for in a successful candidate, what to prioritize, and where each should focus their questions. After the interviews are complete, meet again as a group to go over everyone’s notes and share feedback about each candidate. Encourage open communication and honest opinions, especially with respect to concerns about skills and abilities. Keep an eye out for discrepancies. This is the time to question everyone’s impressions of each candidate, not go with the flow.

Making Your Decision
If one exceptional candidate clearly stands apart from the others, you probably have an easy decision to make. Make the offer, high five the team, and call it a day. However, your decision might not be so easy. Let’s look at two common reasons.

First, you might not have any candidate who can do the job. If that’s the case, you’ll need to decide whether to cast another net (starting the process over again), or adapt the job itself to the candidate who showed the most potential. For the former, it might help to tweak the job posting, screening process, and interview questions—especially if unqualified applicants are making it to the interview stage. For the latter, you may need to rethink the essential functions of the job and how the duties could be performed by someone that doesn’t fit your ideal qualifications.

The second and preferable possibility is that you have multiple standout candidates and none of them seems the obvious choice. If that’s the case, rank each qualified candidate based on the following criteria:

  • The necessary knowledge, skills, and abilities needed for the role
  • Alignment with the company’s values and culture
  • Likelihood to thrive within the organization and not just “fit in”
  • Opportunity to contribute something new (e.g., expertise, a skill set, connections) to the organization
  • Room, direction, and support to grow within the organization
  • Job fit with what the candidate is looking for
  • Satisfaction with compensation

Your goal with these rankings is to identify the candidate who is most likely to be successful in the role and contribute to the success of the organization. This might not be the “most qualified” candidate. It would be risky, for example, to offer a job to someone who’s likely to be a stellar performer but will leave the moment a better-paying alternative pops up.

By spending some extra time on your job posting, your interview, and how you make your decision, you can feel confident that you are making a smart hiring choice. It won’t always work out perfectly, but you can rest easy knowing you’re doing what you can.

 

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[email protected]
PO Box 6360
Folsom, CA 95630

 

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When are we required to pay for trainings?

By |2024-07-18T11:33:15-08:00July 18th, 2024|HR News|

Question:
When are we required to pay for trainings?

Answer from Kyle, PHR:

In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, class, training program, or similar activity would qualify. If all four of the following criteria are met, you don’t need to pay the employee for the training:
1. The training occurs outside of the employee’s normal work hours
2. The training is completely voluntary (there will be no company-initiated consequences if the employee does not attend)
3. The training is not specifically job related (it may be tangentially related to their job, like most continuing education, without being specific to how they do their job on a day-to-day basis or intended to train them for new job duties)
4. No work for the employer is performed during the training (e.g., reading or replying to emails).
For example, if a software developer wants to learn a new coding language that isn’t even used in the workplace and enrolls in a local college class that meets in the evenings after work, that wouldn’t need to be paid. On the other hand, if a graphic designer needs to learn a new piece of software because it will be used for future work projects, that would need to be paid.

This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Get Permission To Run A Background Check

By |2024-07-11T07:37:43-08:00July 11th, 2024|HR News|

Question:
Do we have to get permission to run a background check?

Answer from Kyle, PHR:

You certainly do! The Fair Credit Reporting Act (FCRA) requires you to get permission from an applicant or employee before conducting a background check. It also has specific notice requirements, such as providing the applicant or employee a summary of their FCRA rights and the appropriate adverse action letters if you decide not to hire them or terminate their employment because of the background check. A number of state laws also have background check requirements.

Legal requirements aside, telling applicants what to expect as part of the selection process is considered a professional courtesy, especially if you’ll conduct background checks or any other kind of screening that digs into history that may not be directly related to the work they will be doing.

You can learn more about background checks, including legal requirements, on the platform.

This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

NEW MINIMUM WAGE FOR HEALTHCARE WORKERS DELAYED

By |2024-06-17T07:43:36-08:00June 17th, 2024|HR News|

California 2024 Midyear Minimum Wage Increases

NEW MINIMUM WAGE FOR HEALTHCARE WORKERS DELAYED
The new minimum wage rates and salary threshold will now take effect July 1, 2024 (instead of June 1). You can find more information on the California Minimum Wage page.

LOCAL MINIMUM WAGE INCREASES
On July 1, 2024, numerous cities and counties across California will increase their hourly minimum wage. The new rates are as follows:

Alameda: $17
Berkeley: $18.67
Emeryville: $19.36
Fremont: $17.30
Long Beach hotels with 100+ guest rooms: $18.16
Los Angeles City: $17.28
Los Angeles City hotels with 60+ guest rooms: $20.32
Unincorporated Los Angeles County: $17.27
Malibu: $17.27
Milpitas: $17.70
Pasadena: $17.50
San Francisco: $18.67
Santa Monica: $17.27
Santa Monica hotels: $20.32
West Hollywood hotels: $19.61

Discrepancies In A Background Check

By |2024-05-29T11:38:51-08:00May 29th, 2024|HR News|

Question:
What do we do if we find a discrepancy in a background check?

Margaret, PHR, SHRM-CPAnswer from Marisa, SPHR:

It depends on the seriousness of the discrepancy, whether the information is pertinent to the job itself, and whether the candidate would be ineligible for the position. You probably don’t need to make an issue of a minor variance like a candidate telling you they started a job in the month of April, but their background check saying they began in May. However, a major difference, such as the candidate apparently not having a college degree they claimed to have or a criminal history they didn’t disclose, likely warrants further review.

If you see a discrepancy, give the candidate an opportunity to explain. If you’re satisfied with their explanation and everything else is fine, you can proceed with the hiring process. If it turns out the candidate isn’t qualified for the job, wouldn’t be permitted to hold the position, or deliberately lied, you can withdraw the offer of employment.

If you end up withdrawing the offer, you will need to follow the requirements of the Fair Credit Reporting Act (FCRA) and any applicable state or local law regarding background checks. Among other things, the FCRA requires you to provide the candidate with a notice that includes a copy of the background check report you used, as well as a notice titled A Summary of Your Rights Under the Fair Credit Reporting Act. Applicants, candidates, and employees have a legal right to dispute incomplete or inaccurate information.

You can find more information about background checks and the FCRA on the platform.
This Q&A does not constitute legal advice and does not address state or local law.

Marisa has experience working in a wide variety of HR areas, including payroll, staffing, and training. Having supported HR functions in various industries, Marisa is able to apply her knowledge to each client’s particular situation. Marisa earned her B.S. in Business Administration and Communications from the University of Oregon. She loves movies, trying new restaurants, traveling, volunteering, and spending time with her three dogs.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Basic Steps of a Harassment Investigation

By |2024-05-22T09:01:55-08:00May 22nd, 2024|HR News|

Question:

What are the basic steps of a harassment investigation?

LauraAnswer from Laura, MA, SHRM-CP:

Investigating a claim of harassment can be intimidating, but we have a great resource available on the platform called Identifying and Preventing Workplace Harassment. For this Q&A, we’ve provided a condensed overview of the steps for an investigation:
1. Select an interviewer. This person should be an impartial manager, company officer, or HR representative. Ideally, they have completed training on conducting a harassment investigation. They should approach the investigation process with a commitment to being fair and thorough. The investigation should be conducted as expeditiously as possible after receiving the claim.

2. Conduct interviews and gather evidence. Speak with the employee who made the complaint (if known), the accused employee, and any witnesses named. The questions asked during the interviews should not lead an interviewee toward a particular response and should not be accusatory in nature. The questions should be unbiased, open ended, and prepared in advance; don’t be afraid to ask follow-up questions. Also think about any documents, emails, photographs, videos, etc., that might exist and assist you in coming to a fair conclusion in your investigation.

3. Make a decision and take action. Once the interviews are complete and all evidence is gathered, decide what the outcome is and document the conclusions and actions taken. If the company determines that the accused employee violated the harassment or other workplace policy, appropriate disciplinary measures should be taken. What qualifies as appropriate will depend on the severity of behavior. A summary of the findings should be placed in the accused employee’s file. The accused employee should be reminded that any retaliation against their accuser is unacceptable.

4. Inform the employee who made the complaint. Alert the complaining employee—and others with a true need-to-know—about the conclusions reached in your investigation. While you don’t need to share the specific disciplinary action taken (if any), the complaining employee should be assured that you took appropriate steps to address the current situation and prevent future harassment. Remind this employee that retaliation will not be tolerated and that they should let you know if they feel they’re experiencing any backlash because of their complaint.

This Q&A does not constitute legal advice and does not address state or local law.

Laura has 9 years of HR experience, spanning public- and private-sector work in the education, transit, and insurance industries. After completing a B.A. in Asian Studies from Knox College, she received her M.A. in Industrial/Organizational Psychology from University of New Haven along with graduate-level certificates in Human Resources Management and Psychology of Conflict Management. Laura enjoys fencing, baking, and cross-stitching.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Employee No Longer Meeting Expectations?

By |2024-05-17T09:39:45-08:00May 17th, 2024|HR News|

Question:
We have a longtime employee who’s no longer meeting expectations. The owner is afraid to hold them accountable because they’re over 40 and therefore in a protected class. What can we do?

Answer from Kyle, PHR:

In general, you shouldn’t let an employee’s protected class status deter you from holding them accountable to your performance expectations. After all, everyone belongs to protected classes. Being in one simply means you can’t be treated differently because you’re in that class.

Now, if your organization has a history of bias in the workplace or of holding members of a certain protected class accountable for poor performance when others aren’t, then you’d be looking at a higher risk of a discrimination claim. Assuming that’s not the case, there’s really no cause for alarm.

If you decide to talk to this employee about their performance, don’t reference their age (for example, by openly speculating that their drop in performance has something to do with their getting older). Instead, focus on how their performance isn’t meeting your expectations and what needs to change. As always, document the performance issues and the steps taken to address them.

You can find more information on protected classes and discrimination on the platform.

This Q&A does not constitute legal advice and does not address state or local law.

Kyle is a professional author, editor, and researcher specializing in workplace culture, retention strategies, and employee engagement. He has previously worked with book publishers, educational institutions, magazines, news and opinion websites, nationally-known business leaders, and non-profit organizations. He has a BA in English, an MA in philosophy, and a PHR certification.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

Formal Training Programs

By |2024-05-08T08:29:15-08:00May 8th, 2024|HR News|

Question:
We are looking to implement formal training programs. What types of training would you recommend we have for all employees?

Shawna, SHRM-CPAnswer from Shawna, SHRM-CP:

Employee training is going to vary from industry to industry, but there are some types of training we recommend for all employers:
• Harassment prevention training explains what harassment is and how to avoid it, how to recognize inappropriate and unlawful behavior, and what the proper channels are for reporting concerns. Harassment prevention training is required in certain cities and states.
• Workplace safety training helps ensure that everyone understands the importance of a safe working environment, how to maintain a safe environment, and what to do in the event of an emergency.
• Cyber-security training helps protect company data from cyber threats. It teaches employees how to implement practices like strong passwords, how to recognize threats like phishing emails, and what to do in the event of a security breach. It’s a good training to conduct regularly as threats evolve and new practices become necessary.
• Job-specific training ensures that each employee has the necessary skills and knowledge to perform their tasks safely and effectively.
• Personal and professional development programs focus on improving skills, facilitating career advancement, and preparing employees for future openings and roles in the company.
• Leadership and management training is a good idea for everyone in or going into a leadership role. This training covers essential leadership skills like effective communication, decision-making, performance management, aligning individual and team goals, and delegation.
This Q&A does not constitute legal advice and does not address state or local law.

After working in the mental health field for nearly a decade, Shawna became an HR professional and obtained a masters in Industrial/Organizational Psychology with a Society of Human Resources Management certification. She also holds a Bachelor of Arts in Psychology and a Minor in Sociology. In her free time, Shawna enjoys hiking with her family, backpacking, running, and reading.

Questions?
Vital Signs Insurance Services, Inc.
PO Box 6360
Folsom, CA 95630
Phone: (916) 496-8750
Email: [email protected]
Fax: (916) 496-8754

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* Jeffry D. Proul, Registered Representative of LifeMark Securities Corp., 400 West Metro Financial Center, Rochester, NY 14623 (585) 424-5672 Member NASD/SIPC Vital Signs Insurance Services, Inc. is not affiliated with LifeMark Securities Corp. CONFIDENTIALITY NOTICE: Communications are Confidential Information of LifeMark Securities Corp. and may also be privileged.
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