Kate Bischoff SHRM-SCP, SPHR Jen Tourville HR Consultant

Transcription

1 TOP THINGS TO AUDIT IN YOUR HR DEPARTMENT Kate Bischoff SHRM-SCP, SPHR Jen Tourville HR Consultant

2 YOUR PRESENTERS Kate Bischoff thrive Law & Consulting SHRM-SCP, SPHR Jen Tourville Marsh & McLennan Agency HR Consultant 1

3 AGENDA What to Audit? 1. Job vacancies 2. Employment applications 3. Vetting candidates 4. Reporting 5. Files and forms 6. I-9 s 7. Handbook 8. Performance reviews 9. Discipline 10. Termination procedures 11. Training 12. Posters What else? When am I going to do all this? 2

4 CHECKLIST 3

5 1. JOB VACANCIES Federal contractor notices: Pay transparency AA/EEO employer disclosures ADA compliant Gender-neutral language Where posted: Job boards Social media Scraping apps & sites What about referrals? Referrals are a record-keeping nightmare Want them, but could provide additional risk 4

6 1. JOB VACANCIES 5

7 DISPARATE TREATMENT & IMPACT Disparate Treatment: Intentional discriminatory dealing with individuals who have a disability or belonging to a particular group based on their age, ethnicity, race, or sex. Disparate Impact: Refers to policies, practices, rules, or other systems that appear to be neutral, but result in a disproportionate impact on protected groups. 6

8 2. EMPLOYMENT APPLICATIONS What is on your application? When was the last time it was reviewed? Do you make candidates aware of your policies? 7

9 WHY IS VETTING CANDIDATES SO IMPORTANT? 53% of all job applications contain inaccurate information. 34% of all applications contain outright lies. 9% of job applicants falsely claimed they had a college degree, listed false employers, or identified jobs that didn't exist. 11% of job applicants misrepresented why they left a former employer. Negligent hiring cases have had verdicts costing up to $40 million. Employers have lost more than 79% of negligent hiring cases. 8

10 NEGLIGENT HIRING - Yunker v. Honeywell Honeywell employee Randy Landin worked for the company from and Between these dates Landin was serving time in federal prison for the strangulation death of one of his female coworkers. Upon his release from prison, Landin reapplied to Honeywell and was rehired in a janitorial position in the south Minneapolis office. Because of workplace confrontations, he transferred numerous times to other facilities before ending up in the St. Louis Park facility with employee Kathleen Nesser. Nesser was assigned to Landin s maintenance crew and became friends. Landin developed romantic feelings for Nesser, that were not reciprocated, and tension rose between the two employees. Notes were scratched on Nesser s locker and verbal altercations were exchanged before Landin ultimately resigned. Just 8 days after Landin resigned, he waited for Nesser to return home after her shift at Honeywell and shot her close-range in her driveway. He was sentenced to life in prison for first degree murder. Ultimately, after an arduous legal procession, Honeywell was sued for negligent hiring, supervision, and retention and was convicted only on retention (stating that the number of verbal threats, physical confrontations, relocations, etc. throughout Landin s time at Honeywell without improvement as employee is grounds for a negligent retention conviction). 9

11 According to the Workplace Violence Institute, Negligent hiring costs U.S. businesses more than $18 billion annually. 10

12 3. VETTING CANDIDATES What interview questions can I ask? What interview questions are my managers asking? How should I deal with information that is volunteered? 11

13 VETTING CANDIDATES INTERVIEW QUESTIONS Focus on the job Look at job requirements & realities of the job Long hours -- ask about long hours Heavy lifting -- ask about heavy lifting Must be 18 to serve alcohol -- explain need to be 18 to serve alcohol Don t ask about consequences of these conditions, only the conditions Asking outside of the job gets you into trouble Hobbies can elicit information about church going Like to do for fun can elicit information about minority groups What happens if an inappropriate question is asked? Politely move one Deal with the manager later 12

14 GOOGLING THE CANDIDATE Vetting goes beyond reference & background checks, it includes good old fashion sleuthing. Googling the candidate means: Going to involve social media accounts of candidates What, if seen, on social media, will disqualify a candidate? Who should do the googling? When should you google? What to do if you find something? Set disqualifying criteria ahead of time Have HR google Do it late in the process Ask the candidate 13

15 3. VETTING CANDIDATES Are you making conditional offers of employment? Drug testing Background checks Reference Checks Minnesota State Statute Assessments Fitness 14

16 4. NEW HIRE/EMPLOYEE REPORTING Size of your organization Reporting Employees to the State Garnishment MN New Hire Reporting Center Unemployment Payroll reporting Affirmative Action Plan VETS 4212 EEO-1 15

17 5. EMPLOYEE FILES and FORMS Employee files Personnel File Contents Medical File Contents Manager /Supervisory employee files EEO record keeping file contents (recruiting) Safety file I9 Files 16

18 5. EMPLOYEE FILES and FORMS Minnesota Personnel Files 1x every 6 months 7 days/14 days if kept out of state = What to retain and when to shred Minnesota Society of Certified Public Accountants /employee-record-and-retention.aspx FMLA 17

19 6. FORM I-9 New form Common mistakes and how to fix E-Verify nt/2015/i9- guidance.pdf?utm_source=validity+communications&ut m_campaign=da36a43256-conference_electronici- 9_TOFU4&utm_medium= &utm_term=0_c5096bdb5dda36a

20 7. HANDBOOK At will statement Harassment & discrimination policy Compensation policy MN specific laws WESA: Employee record access Sick leave Minneapolis & St Paul sick time rule Federal contractor sick time OSHA 19

21 7. HANDBOOK Technology policy Social media Data security Drug-free workplace Drinking FLSA Exempt & non-exempt Independent contractors Job Descriptions Job analysis Acknowledgement of handbook receipt 20

22 8. PERFORMANCE REVIEWS Do you do reviews? Do you have to? Should you? Do you have a standard process for measuring & reviewing performance with employees? 21

23 9. DISCIPLINE Does your employee handbook include standards of conduct and disciplinary measures? Managers are trained to ensure that company standards are being followed prior to disciplining or terminating an employee? Documentation 22

24 WORKPLACE INVESTIGATIONS What is your process? Interviews Technology assistance Text messages Instant messaging How do you handle investigations? Neutral investigator When to use an investigator beyond HR Who is involved? Documentation 23

25 10. TERMINATIONS Never decide to terminate alone Have a termination checklist Your property Their property Technology interview Final paycheck If terminating, written request within the 24 hours of termination Otherwise, next, regular pay period 24

26 11. TRAININGS New Hire training What do I need to do? Respectful Workplace Harassment/sexual harassment DOT Reasonable suspicion for managers Manager Training 25

27 MANAGER TRAINING Discrimination & harassment Leaves Reasonable accommodations Religious Disability Technology & social media Performance management Discipline 26

28 12. POSTERS Federal: Minnesota: OSHA: (Post OSHA 300A Summary from February 1-April 30 th ) 27

29 WRAP UP 12 ITEMS TO AUDIT 28

30 WHAT ELSE SHOULD I DO? Checklists Technology policy Workplace violence policy & training Workplace bullying policy & training Manager training Onboarding Give feedback formally and informally Mentoring Pay & incentive programs Safety training Emergency training Record keeping Employee Survey? Track turnover HR Metrics Develop a HR department mission statement? (explaining its purpose within the organization?) Does HR have an organization chart that defines the functional responsibilities of each role and who EE s can contact for help? Do you have employment practices liability insurance coverage? 29

31 WHAT DO YOU DO? BEST PRACTICES 30

32 WHEN AM I GOING TO DO ALL THIS? First Quarter Finalize your budgets & staffing plans, including wage changes Review & post compliance posters OSHA Log Review company policies Update your employee handbook Have an attorney review your handbook 31

33 WHEN AM I GOING TO DO ALL THIS? Second Quarter What trainings are you going to offer this year? Harassment OSHA required safety trainings General management training Review your I-9 forms 32

34 WHEN AM I GOING TO DO ALL THIS? Third Quarter ERISA Annual Report (form 5500) and the Summary Annual Report Federal contractors have to submit the VETS-4212 by September 30th. If you are part of the VETS-100 database, you will receive a Notice of Filing Obligation with the information you need. If you have more than 100 employees or are a federal contractor with more than 50 employees, then you have to file an Equal Employment Opportunity Report (EEO-1) by September 30th for the current year. (Changes pending ) What do you want to get done by the end of the year? 33

35 WHEN AM I GOING TO DO ALL THIS? Fourth Quarter Medicare Part D reporting is due (Oct 15 th ) and credible coverage disclosure notices must be sent to Medicare-eligible participants Review time off/pto and accruals Communicate holiday information and start planning for the 2018 holiday schedule Review/prepare inclement weather policies & remind employees Spot-check personnel files/records to ensure are up-to-date Contact managers asking if anything should be included 34

36 WHEN AM I GOING TO DO ALL THIS? Fourth Quarter Prepare ACA 1095-C Reporting forms &1094-C Transmittal forms for the current tax year. Plan for the next year s budget & staffing needs. Schedule a Shred Party on those office days before the end of the year! 35

37 WHAT AFFECTS ME & MY ORGANIZATION 36

38 WRAP UP HR is hard! Know legal stuff & be the owner of the fun stuff Do your best to be in compliance - Better safe than sorry Hiring will continue to be tough in 2017 Make sure the things we do support our goals, commitments, and mission Always ponder questions and ask yourself, is it legal? Minnesota statutes in Employment: Minn. Stat. 181 Minn. Stat. 177 We drive our business partners crazy with consistency BUT Consistency Equals Fairness

39 Questions What Questions Do You Have? 38

40 Legal/regional regulatory statement to be added here if required.