News

Advising Employees Os A Position Selection

By |2023-01-10T08:03:45-08:00January 10th, 2023|HR News|

Question:
We recently had an open position that two employees were interested in. We’ve made our selection and our chosen employee accepted the role. How do we tell the other employee they were not selected?

LauraAnswer from Laura, MA, SHRM-CP:

We recommend having a face-to-face conversation with the employee who wasn’t selected to let them know that someone else was selected for the role. If you elaborate on your decision not to select this employee for the position, keep the feedback honest and factual. For example, you could let them know that you went with the candidate whose skills more closely match what you were looking for, specifying what those skills are so that the candidate knows what to work on in the future. Factual, job-related feedback like this helps set up the candidate for future success and encourages them to accept, rather than dispute, the decision. Overall, it creates a better experience for everyone.

Assuming you want to keep this employee, you may want to prepare to have a short conversation about their career trajectory, what they could apply for in the future, or how they can grow their skills. They will be understandably frustrated. The feedback will help to foster a more positive and productive conversation about their next career step with the organization.
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

Know Your HR Terms: Protected Classes

By |2023-01-03T10:19:00-08:00January 4th, 2023|HR News|

Know Your HR Terms: Protected Classes

Protected classes—also known as protected characteristics—come from several federal laws (about half are from Title VII of the Civil Rights Act of 1964). Although we’re usually talking about them with respect to employment, they may also come into play in housing, education, and public accommodations.

The characteristics protected by federal law in employment settings include race, color, religion, age (over 40), sex (including sexual orientation, gender identity, and pregnancy), disability, national origin (including ethnicity and accent), genetic information (including that of family members), military service (past, present, or future), and citizenship or immigration status.

While you have a lot of leeway to make employment decisions as you see fit, you’re prohibited from making decisions based on a person’s inclusion in any of these protected classes. Refusing to hire or promote someone because they’re over 40, gay, or from Mexico, for example, would be unlawful discrimination under federal law. Many states also have their own anti-discrimination laws that protect additional characteristics, and employers should make sure they’re aware of those.

We recommend including the full list of applicable protected characteristics in your employee handbook so that everyone is aware of them.

Contact Us

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

What A Good Hiring Process Looks Like

By |2023-01-03T10:06:38-08:00January 3rd, 2023|HR News|

What a Good Enough Hiring Process Looks Like

The last few years have proved challenging for employers trying to fill positions. Low unemployment, among other factors, made the job market much more friendly to jobseekers than to employers keen to hire them. In this highly competitive environment, some organizations upgraded their compensation packages or experimented with other attractive perks, hoping to stand out as the best. Others re-examined their recruitment and hiring processes or sought help from consultants or vendors. Struggling employers may have been tempted to look for a “magic bullet,” that one thing sure to get them more candidates.

Both the desire to offer a great recruiting experience and the eagerness to find a magic bullet are understandable given the state of the labor market. But both have their disadvantages when it comes to recruitment.

Recruitment is not just one thing—it involves a lot of moving parts and relies on multiple people within the organization. A single-minded focus on being the best can lead to unrealistic goals and misaligned expectations. It can also zero in on one part of the process at the expense of others. Using the best technology won’t by itself solve discriminatory hiring practices. First-rate recruiters can’t by themselves elevate subpar hiring managers. Software that lets people apply for jobs via a text message may sound super cool, but it’s not going to be suitable for every kind of industry or brand.

The good news is that an effective recruitment process doesn’t need to be the best or magical or otherwise super flashy. It just needs to be good enough to fill your open positions.

As a standard, good enough can get a bad rap both in the business world and in American culture generally. Many of us want to be the best. Striving to be “the best” is ingrained in our everyday lives, after all. Theme songs from The Karate Kid to Pokémon evoke that feeling. You probably saw more than a few “Best of 2022” lists last month. When we talk about behaviors and procedures we recommend, we call them “best practices.”

But being the best is rarely necessary. Thinking in terms of good enough helps you set realistic goals that are grounded in the real needs of your organization. With a good enough approach to recruiting, you can focus on what you actually need to accomplish.

Let’s examine what good enough looks like in the four basic parts of any recruitment process: the Need, the Search, the Selection, and the Onboarding. What’s good enough for your organization will depend somewhat on the particulars of your situation, but the principles and practices below should help get you started.

The Need
You have an open position—maybe it’s new, maybe it’s a replacement. Regardless, you need to bring someone into your organization. Being good enough at this stage means that those involved in the hiring process (e.g., the recruiters and the hiring manager) can effectively discuss the need prior to beginning the search for candidates. For that, they’ll need a job description, information about what kind of person they’re looking for, and a salary range. Determine who should be bringing what information to the table. After discussing the need, create a job posting. This job posting serves as the source of truth so you can find the right candidates.

The Search
Now begins the actual search. Finding your candidates can feel like one of the hardest parts of recruitment. Good enough at this stage involves sharing the job posting and training interviewers how to compare the incoming candidates to the need, of course, but it also means finding and implementing ways to make the search easier and smoother for everyone. Software can help a lot here, but more important are good practices. Consider what extra work you may be giving to yourself and your prospective applicants. Are applicants required to submit a resume and then manually enter the information on their resume into the system? Are they required to draft and submit cover letters when those letters aren’t necessary or even part of the decision-making process?

The Selection
Chances are you’re not going to be able to pick the best of all possible employees. You might not even have a candidate who checks every box. But you don’t need the perfect candidate; you need someone who can do the job well enough and can grow in the position.

A good selection process starts with training hiring managers on how to review applications, conduct interviews, and evaluate the candidates in a fair, equitable, and compliant manner. It involves providing regular and reasonable updates to your candidates and following up with them when you say you will. It includes extending an offer and providing the selected candidate with a reasonable amount of time to consider it. The process concludes when a candidate accepts your offer.

The Onboarding
The onboarding experience finalizes a new hire’s first impression of the company. A bad experience can cause the new employee to regret accepting the offer and may prompt them to quit at the first opportunity. A great experience, however, can set the stage for a long-lasting relationship.

Fortunately, onboarding doesn’t need to be perfect to be great. The first few weeks on the job are going to feel overwhelming. The new hire isn’t going to remember everything they learned.

Good enough onboarding keeps the process simple, straightforward, and consistent. Set up time for the new hire to complete the necessary paperwork, meet coworkers, read the employee handbook, and complete any training. Time between onboarding meetings and tasks—allowing them to process the information and experiences—should also be built in.

Conclusion
Good enough isn’t about doing the minimum or having the latest shiny new tech; it’s about doing what’s necessary to get the results you want. It means understanding the various pieces of the recruitment and hiring process, setting realistic expectations for yourself and your applicants, and keeping things in perspective as you move from step to step.

For job applicants, candidates, and employees, a consistently good recruitment and hiring process from start to finish is a much better experience than one that is the “best” in one or two areas, but mediocre or subpar in others.

Can An Employee Waive Overtime Pay

By |2022-12-30T09:53:48-08:00December 30th, 2022|HR News|

Question:

Can an employee waive overtime pay with a signed letter?

Kim, SPHR, AAM, CPIWAnswer from Kim, SPHR, AAM, CPIW:

No. An employee can’t waive their right to overtime pay, even if they want to. The federal Fair Labor Standards Act (FLSA) prohibits the waiver of an employee’s rights to overtime pay (and minimum wage) in nearly all circumstances. The only time an employee can be exempt from overtime is when they perform work that qualifies for an exemption under federal (and state) law and meets any other applicable tests or criteria for the exemption.

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

Kim has held many Senior level HR positions including VP of HR and Administration for a California-based Workers’ Compensation TPA, Director of HR for a benefit and risk management company, and board positions with a professional insurance association. Kim spends her free time tracking down her grown sons.

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

More Time Off Requests Than We Can Approve

By |2022-12-21T09:53:28-08:00December 21st, 2022|HR News|

Question:
We have received a lot of time off requests around the holidays, more than we can approve. Can we approve some but deny others?

Answer from Kim, SPHR, SHRM-SCP:

In general, yes. We recommend having a policy for time off that explains how employees can request time away from work and what criteria the company uses to approve or deny requests. For example, you might base approvals on the order in which requests came in, the seniority of those requesting time off, the needs of the business, or some combination of these. Whatever your policy, take care that it doesn’t adversely affect members of certain protected classes. If male employees, for example, had their time requests granted more often than female employees, you could be looking at a discrimination claim.

If the holidays are either busier than usual or a more popular time for time off requests, you might consider a rotating holiday schedule or a set up where employees can sign up for an extra day off either before or after the holiday.

It’s also a good idea to specify how employees will know if their request has been granted and ensure that your managers understand your time off approval process.

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

Kim is a results-driven HR Professional with experience from diverse industries, including but not limited to, transportation, environmental services, staffing, pharmaceutical, market research, banking, retail, software development and education non-profit. In her spare time, Kim enjoys the beautiful view from her home and being with her husband and their German shepherd, Fin.

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

Addressing Employee Performance

By |2022-12-14T15:38:22-08:00December 14th, 2022|HR News|

Question:
While covering shifts for an employee on a leave of absence, we discovered errors in their work. How do we address their performance without seeming retaliatory for taking leave?

JennyAnswer from Jenny, SPHR, SHRM-SCP:

Taking disciplinary or corrective action following a leave of absence is going to come with some additional risk, but there are a few steps you can take to help show that the actions you’re taking are due to the performance issue and not the leave. As is true any time you discipline an employee, the more severe the discipline, the higher the risk. For instance, a coaching conversation is likely to be the best first step because it doesn’t have an adverse impact on their job.

First, document the errors. Be sure that this is the kind of thing you would discuss with any employee. For instance, if this employee’s work was only checked because you were training the temp, but other employees never have their worked checked and may make the same number of undetected mistakes, consider whether this calls for corrective action at all or whether you should conduct additional training and/or implement audit procedures for all employees in this type of position.

Second, when you have a conversation with the employee, focus on the performance issues in relation to your expectations. Don’t propose reasons why the employee made the errors. Simply identify the error and, if it’s not obvious, explain why it’s a problem. If the employee says that the error resulted from a disability, engage in the interactive process to see if there are ways you can help prevent similar errors in the future. Additional information about the interactive process is available on the platform.

Third, if possible and appropriate, give the employee a chance to improve rather than jump to termination. Making a good faith effort to help the employee get back on track helps to demonstrate that the corrective action you took was not retaliatory.

Fourth, document your conversation with the employee, noting any opportunities you are offering them to improve and the timeline for improvement. You can find information on performance improvement plans on the platform.

Nothing you do can absolutely prevent an employee from claiming the corrective action was retaliatory, but these steps may help the employee see that your actions were legitimate rather than retaliatory.

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

Over her 20 years of experience, Jenny has specialized in helping small to mid-sized businesses across a variety of industries reduce their risks and manage employee relationship issues. Jenny holds a Bachelors of Business Administration (BBA) degree in Human Resources Management from the University of Georgia and a Masters of Business Administration (MBA) degree with a concentration in Human Resources Management from Georgia State University.

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

Employees Using Wearable Devices While Working

By |2022-12-07T14:21:01-08:00December 7th, 2022|HR News|

Question:
Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches?

Answer from Eric, SPHR, SHRM-SCP:

Yes, you can expand your policy to include wearables or other smart devices that might cause distractions to your employees while they are working. Here are a few things to consider when revising your policies:

• Focus your policy on the employee’s actions and not the technology itself. If your policy is written broadly enough to keep up with evolving technology, you won’t need to update it to account for every new kind of device.
• Address how mobile devices may affect workplace safety, customer service, productivity, and security. Employees may be more receptive to limits on their use of personal devices if they understand the reasons for it.
• Allow devices to be used during break and meal periods. Employees should be allowed to use their devices when they’re not working, as this time must be their own to satisfy wage and hour laws.
• Smartwatches have health and fitness features, so there may also be reasonable accommodations implications under the Americans with Disabilities Act (ADA). For example, an employee might use a smartwatch to keep an eye on their heart rate or respiration. Learn more about the ADA on the platform.
• You can prohibit the use of devices that may be distracting while employees are working, especially if there are safety issues. Employees can be expected to give their undivided attention to the work you pay them to perform, and if that means smart devices need to be turned off or put away, you’re entitled to make this request.
• You should consider whether employees need to be reachable during the day for emergencies (like most parents). If your workplace doesn’t have a central line or a way for employees to be reached directly, it may be unreasonable to require that phones or devices be turned completely off.
• While you can ask that wearable devices be turned off or put away, you may want to instead limit what employees are doing with their smart devices (e.g., texting). Many people use smartwatches for telling the time, and if their phones are also put away, they may not have another way of getting that information, which could ultimately affect productivity.
• You could also opt to allow limited use when employees are working. For example, a non-customer-facing employee may be able to use headphones and their mobile device to listen to music while completing their work.

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

Eric has extensive experience in HR, leadership, and training. He has held several senior HR positions, including as the HR & Operations Manager for an award-winning interactive marketing agency and as HR Director for a national law firm. Eric graduated with a Bachelor’s of Science in Economics from the University of Oregon.

 

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

Accommodating Employees Scheduling Requests

By |2022-11-30T11:23:29-08:00November 30th, 2022|HR News|

Question:
An employee let us know they got a part-time job and would like to change their hours. Do we have to change their schedule?

Lisa PHRAnswer from Lisa, PHR:

No. An employee wanting to change their hours because they got a second job is not something you’re required to accommodate. Even so, we wouldn’t recommend immediately giving the employee an ultimatum to keep working their current schedule or resign. Instead, we’d suggest talking with your employee about different options to see what you can make work. They may have some scheduling flexibility with their new job. One of their coworkers at your organization may be willing to change or swap their shift. There may also be additional shifts with your organization they could work instead of seeking additional income elsewhere.

If you exhaust these options and are still unable to accommodate the employee’s requested schedule change, you may just need to tell the employee no and let them decide what to do.

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

Lisa is a career copy editor and writer and has been editing HR and employment law copy for almost 20 years. She occasionally writes on HR topics, has been published in Quartz, and was recently interviewed for an article published in Business Insider. She received her PHR in February, 2021.

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

Employies Using LinkedIn

By |2022-11-02T12:53:31-08:00November 2nd, 2022|HR News|

Question:
We’ve discovered an employee is using a title on LinkedIn that is not the title we use at our organization. Should we say something?

Rachel, SHRM-SCPAnswer from Rachel, SHRM-SCP:

It depends. There are many reasons an employee may choose to use a job title on LinkedIn that is different than their official job title with your organization. For one, employees may feel that their job title doesn’t accurately or meaningfully describe the work they are doing. A job title that makes perfect sense internally may not be easily decipherable outside the organization. Numbered titles like Administrative Assistant 1 or 2 don’t, in themselves, tell you which one is higher. Trendy titles like Brand Evangelist may get overlooked in searches.
On the flip side, you may have reasons for wanting your employees to use the title that you have chosen for their position. Likely, you put thought into the role, selecting a title that you believe best reflects the position. You may also want your employees with the same job title to appear similarly on LinkedIn to show consistency across your organization. If your employee is using a title that doesn’t reflect the work they are doing or is extremely embellished (for example, you have an accountant using the job title CFO), it may be causing confusion, both internally and externally, about who does what in your organization.
Before talking to the employee, you should decide if their title use is something that really needs to be addressed. If the title makes sense for the role and isn’t overinflated, you may not want to do anything.
If you decide to reach out to the employee, we recommend a neutral approach. Be curious with them. Mention you saw the job title they were using on LinkedIn and were wondering why they chose that title. Listen and consider their reasons. You can share with the employee that you would prefer that their job title on LinkedIn better reflect the title they have within the organization.
If you’re concerned that the use of inaccurate job titles may be widespread, we’d suggest providing guidance to all employees on how they should list their job title on LinkedIn. This way you establish a baseline and can refer to it in the future.
This Q&A does not constitute legal advice and does not address state or local law.

Rachel has a background as an HR Generalist in a variety of industries. After completing a B.A. in Psychology, she began her HR background in employee relations, staffing and payroll. During her free time, Rachel is an avid kayaker and plans to visit every National Park during her lifetime.

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

Employees Who Quit Without Notice

By |2022-10-31T07:40:05-08:00October 31st, 2022|HR News|

Question:
I have an employee who hasn’t shown up to work the last few shifts and isn’t responding to messages. Can we make a policy that employees who quit without notice won’t get their final paycheck?

Answer from Kyle, PHR:

No, federal law requires you to pay employees for all hours they have worked. While you can and should have a policy defining job abandonment (e.g., if an employee no-shows and no-calls three days in a row, you’ll take that as a resignation), you are not allowed to deduct or withhold pay because an employee quits without notice.

Unless job abandonment happens regularly, it’s probably not something you need to worry about discouraging. That said, there are some practices that may help encourage employees to give notice:

• Allow employees who give appropriate notice to work through their notice period. Sometimes businesses want to terminate employment immediately when someone gives notice, but this only discourages employees from giving notice at all.

• Remind your staff that if they abandon their job, their coworkers bear a lot of the burden.

• Celebrate “good” departures. When employees resign with appropriate notice, publicly show your appreciation for the great work they did and support for the next step they’re taking in their career or lives.

You can learn more about job abandonment, including what to do (and not to do) when it occurs, 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

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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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