Human Resource and Labor Laws

Transcription

1 Human Resource and Labor Laws

2 About your Speaker Michelle has been working in the human resource profession for over 20 years and is the founder and owner of HR Synergy, LLC. HR Synergy, LLC provides outsourced Human Resource consulting services to small to mid-size businesses. Michelle is a member of the Society for Human Resource Management, Greater Nashua Human Resource Association, Massachusetts Non-Profit Network, Greater Manchester Chamber of Commerce. Michelle serves on the Board of Directors for the NH State HR Council, and volunteers for Families in Transition and New Horizons. Michelle Gray, President and Founder Michelle is an avid believer that to hold employees accountable for meeting expectations the employer has a responsibility to clearly define the expectations.

3 Today's Session Most Common Labor Violations Cited by DOL Hiring Practices Employee Development Performance Management Systems and Performance Appraisals

4 How to keep your Employer off the Department of Labor s (DOL) Top 10 Violations Report

5 Trying to keep up with all of the regulations can make you want to pull your hair out! HR Synergy, LLC

6 The dangers for noncompliance wage laws are higher than ever before. Employers need to pay attention to these if they want to avoid being on these DOL nonconforming lists. HR Synergy, LLC

7 Fair Labor Standards Act Enforcement Statistics HR Synergy, LLC

8 Let s get started with the Top 10 Department of Labor Violations for 2016 HR Synergy, LLC

9 # 10 Failure to have a written safety plan, joint loss committee and safety summary form filed biennially, as required. HR Synergy, LLC

10 # 9 Failure to secure and maintain worker s compensation coverage and misclassification of employees HR Synergy, LLC

11 # 8 Illegal deductions from wages HR Synergy, LLC

12 # 7 Failure to pay minimum wage for all hours worked HR Synergy, LLC

13 # 6 Illegal employment of workers under 18 (not having proper paperwork, hours violations, or working in hazardous environments) HR Synergy, LLC

14 # 5 Failure to pay minimum pay at their regular rate of pay on a given day that an employee reports to work at the request of the employer. HR Synergy, LLC

15 # 4 Failure to pay all wages due for hours worked, fringe benefits, breaks less than 30 minutes HR Synergy, LLC

16 # 3 Employing illegal Aliens (not having proper documentation for authorization to work in the United States) HR Synergy, LLC

17 # 2 Failure to provide written notice to employees of their wage rate, pay period, pay day and a description of fringe benefits, including any changes.

18 Can you guess what the # 1 violation is? HR Synergy, LLC

19 # 1 Failure to keep accurate records of all hours worked HR Synergy, LLC

20 Break

21 Hiring Practices

22 Overview Federal labor laws that apply to hiring practices Steps for an effective hiring process

23 Benefits of Good Hiring Practices Reduce legal risks and costs Increase productivity Improve morale Decrease turnover

24 Federal Laws Title VII of the Civil Rights Act (15 employees) Civil Rights Act (all employers) Age Discrimination in Employment Act (20 Employees) American with Disabilities Act (15 employees) Fair Labor Standards Act (1 employee) Fair Credit Reporting Act Immigration Reform and Control Act (1 employee) Pregnancy Discrimination Act (15 employees) Uniform Services Employment and Reemployment Rights Act (all employers)

25 Steps for Implementing a Hiring Process 1. Define the position 2. Recruit candidates 3. Prescreen applicants 4. Develop structured interviews 5. Execute interview follow-up 6. Conduct pre-employment testing 7. Make a hiring decision 8. Extend a job offer 9. Conduct pre-employment, post-offer background check 10. Employee complete Form I Complete new hire reporting 12. Comply with federal and state requirements and guidelines

26 Define the Position Review existing job description Conduct ADA analysis Determine exempt vs. non-exempt status

27 Recruit Potential Candidates Employment advertisements What to include? Tips to avoid discrimination Other recruitment sources

28 Prescreen Applicants Resume and application review Telephone screening

29 Develop Structured Interviews Prepare for the interview Questions candidates MAY and SHOULD NOT be asked Sample interview questions Interview dos and don ts

30 Execute Interview Follow-Up Evaluate notes Complete interview evaluation form Verify applicant information Check references Conduct additional background screening, if necessary and permitted by federal and state regulations

31 Conduct Pre-Employment Testing There are important points to remember if you conduct pre-employment testing!

32 Make a Hiring Decision The decisions to hire must be based on jobrelated factors Reasons for NOT selecting a candidate

33 Extend a Job Offer Present the job offer to the candidate Confirm in writing Inform unselected applicants Be sure your job offer does not create a contract

34 Pre-Employment, Post-Offer Background Check Comply with the Fair Credit Reporting Act Background checks must be job-related completed post job offer

35 Form I-9 The Immigration Reform and Control Act requires that all employees complete the Form I-9 on the first day of work to verify identity and work authorization.

36 Complete New Hire Reporting Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P0RWORA), all employers must report certain information on their newly hired employees. Ending welfare as an entitlement program; Requiring recipients to begin working after two years of receiving benefits; Placing a lifetime limit of five years on benefits paid by federal funds; Aiming to encourage two-parent families and discouraging out-of-wedlock births; Enhancing enforcement of child support; and Requiring state professional and occupational licenses to be withheld from undocumented immigrants

37 Federal Recordkeeping Guidelines Certain records should be retained for at least one year from the date of the personnel action to which the records relate. Certain records should be retained for longer periods of time. State laws may be more stringent.

38 Break

39 Employee Development

40 What is? Employee development: The combination of formal education, job experiences, relationships, and assessment of personality and abilities to help employees prepare for the future of their careers. Development is about preparing for change in the form of new jobs, new responsibilities, or new requirements.

41 Training versus Development

42 Let s Test our Knowledge Significant Developments: True (A) or False (B)? There are more horizontal ladders in middle management than upward moves. Companies focus on employee s career steps rather than their core competencies. Careers are now more a series of projects, rather than upward steps in an organization Career development primarily applies to managers. The organization manages employee s careers more so than the individual. The average 32-year old has already worked for 7 different firms.

43 Development for Careers Protean career: A career that frequently changes based on changes in the person s interests, abilities, and values and in the work environment. To remain marketable, employees must continually develop new skills.

44 Four Approaches to Employee Development Interpersonal Relationships Formal Education Job Experiences Assessment

45 Approaches to Employee Development Formal Education These may include: Workshops Short courses Lectures Simulations Business games Experiential programs Many companies operate training and development centers. Assessment Collecting information and providing feedback to employees about heir behavior, communication style, or skills. Information for assessment may come from the employees, their peers, managers, and customers.

46 One way to develop employees is to begin with an assessment which may consist of assigning an activity to a team and seeing who brings what skills and strengths to the team.

47 Assessment Tools Myers-Briggs Type Indicator (MBTI) Assessment Centers Benchmarks Assessment Performance Appraisal 360-Degree Feedback

48 Assessment Tools (continued) Myers-Briggs Type Indicator (MBTI) It is a psychological test that identifies individuals preferences for source of energy, means of information gathering, way of decision making, and lifestyle, providing information for team building and leadership development. This is the most popular test for employee development. The assessment consists of more than 100 questions about how the person feels or prefers to behave in different situations.

49 Assessment Tools (continued) Assessment Centers An assessment process in which multiple raters or evaluators (assessors) evaluate employees performance on a number of exercises, usually as they work in a group at an offsite location. Benchmarks A measurement tool that gathers ratings of a manager s use of skills associated with success in managing.

50 Assessment Tools (continued) Performance appraisals can be useful for employee development under certain conditions: 1. The appraisal system must tell employees specifically about their performance problems and ways to improve their performance. 2. Employees must gain a clear understanding of the differences between current performance and expected performance. 3. The appraisal process must identify causes of the performance discrepancy and develop plans for improving performance.

51 Assessment Tools (continued) 360-degree feedback can be used for development purposes: 1. The rater would identify an area of behavior as a strength of the employee or an area requiring further development. 2. The results presented to the employee show how he or she was rated on each item and how self-evaluations differ from other raters evaluations. 3. The individual reviews the results, seeks clarification from the raters, and sets specific development goals based on the strengths and weaknesses identified.

52 Interpersonal Relationships Interpersonal relationships: employees can also develop skills and increase their knowledge about the organization and its customers by interacting with a more experienced member: Mentoring Coaching

53 Steps and Responsibilities in the Career Management Process

54 Development-Related Challenges Glass Ceiling Circumstances resembling an invisible barrier that keep most women and minorities from attaining the top jobs in organizations. Succession Planning The process of identifying and tracking highpotential employees who will be able to fill top management positions when they become vacant. Dysfunctional Managers A manager who is otherwise competent may engage in some behaviors that make him or her ineffective or even toxic stifles ideas and drives away good employees.

55 Employee Development Summary Employee development is the combination of formal education, job experiences, relationships, and assessment of personality and abilities to help employees prepare for the future of their careers. Training is more focused on improving performance in the current job, but training programs may support employee development.

56 Summary (continued) In modern organizations, the concept of a career is fluid a protean career that changes along with changes in a person s interests, abilities, and values and changes in the work environment. To plan and prepare for a protean career requires active career management, which includes planning for employee development. Assessment can help the organization identify employees with managerial potential or identify areas in which teams need to develop.

57 Summary (continued) Assessment centers combine a variety of methods to provide assessment information. Managers must share the assessments, along with suggestions for improvement. Job experiences contribute to development through a combination of relationships, problems, demands, tasks, and other features of an employee s jobs. Organizations can ensure that women and minority employees receive access to development resources such as coaches and mentors.

58 Summary (continued) For dysfunctional managers who have the potential to contribute to the organization, the organization may offer development targeted at correcting the areas of dysfunction.

59 Break

60 Performance Management and Appraisal

61 Learning Objectives At the end of this module, you will should be able to: Relate individual performance appraisal to the organization wide performance management process. Identify a variety of appraisal methods. Understand your role in the performance management process. Revise performance appraisal statements. Practice performance appraisal interviewing techniques. Have the skills necessary to use the performance appraisal process as a positive enhancement to employee performance.

62 Performance Management and Performance Appraisal Performance Management: Dynamic, continuous process. Improves organizational effectiveness. Strategic goals.

63 Performance Management and Performance Appraisal (continued) Performance Appraisal: Periodic (usually annual) event. Formal review. Last step in performance management process.

64 Performance Management Goals Communication between supervisor and employee. Feedback on performance. Documentation. Development Goals. Alignment with strategic planning goals.

65 Performance Management Process 1. Prerequisites. 2. Performance planning. 3. Performance execution. 4. Performance assessment. 5. Performance review. 6. Performance renewal and re-contracting. Renewal Review Planning Assessment Execution

66 Performance Planning Employees must have thorough knowledge of the performance management system. Meeting between employee and manager. Set goals and measurement standards: Results. Behavior. Developmental plans.

67 Performance Execution Shared responsibility Employee responsibility: Commitment to established goals. Communication and update with manager. Manager responsibility: Feedback, coaching and reinforcement. Resource support. Accurate observation and documentation.

68 Performance Assessment and Appraisal Who should appraise? Supervisors. Peers and team members. Subordinates. 360 degree feedback.

69 What About the Employee? Should employees do self-appraisals?

70 Performance Appraisal Problems Appraiser discomfort. Strictness/leniency. Bias and lack of objectivity. Manipulating the evaluation. Halo/horns effect. Central tendency error. Recent behavior. Supervisor unable to observe behavior.

71 Writing the Appraisal Review Document Are your comments accurate and meaningful to the employee or just clichés?

72 Getting Ready for the Interview Before you start that interview, what do you need?

73 Conducting the Performance Interview Explain the purpose of the interview. Discuss self-appraisal. Share ratings and explain rationale. Discuss development plans. Employee summary. Rewards discussion (if appropriate). Set follow-up meeting. Employee signature. Supervisor recap. Appeals process.

74 Performance Renewal and Re-Contracting Final step in performance management process. Readjust based on insight from completed process. Plan for next performance management cycle.

75 Problems With Assessment/Appraisal Tied to compensation. Employees lack motivation. Manager and employee don t agree on results. Management reluctance. No performance documentation.

76 Issues With Performance Management Legal issues. Untrained raters. Rater errors. Rater distortion. No grievance procedure.

77 Poorly Implemented PM Systems False and misleading information. Increased turnover. Wasted time and money. Damaged relationships. Decreased motivation. Job dissatisfaction. Risk of litigation. Unfair standards.

78 Performance Management Skills Communication. Coaching. Giving feedback. Empathy. Teamwork.

79 Let s Practice Your Performance Appraisal Skills

80 The End!