1. Interviewing
2. Record Keeping
3. Temporary Workers
4. Layoffs and Rehiring

Interviewing. It is important to ensure that managers conducting interviews be trained in what they can and can’t say legally during the interview.  We recommend that at least two managers, or a manager and HR person, be present at all interviews. If an applicant calls later with a complaint, you have a witness for what was said. A set of interview questions that are used consistently for all applicants will help ensure that all applicants were treated fairly, and will assist you in determining the most qualified applicant.

Record Keeping. All of your hiring records should be kept for at least two years according to Title VII and Americans with Disabilities Act. This would include all applications of those not hired, advertisements, and interview notes. The Lilly Ledbetter Fair Pay Act has injected uncertainty into the duration of an employer’s record keeping requirements with respect to pay decisions. This guidance is based upon the noted statutory law. In this period of uncertainty, before destroying any documents related to decisions about an employee’s pay, we recommend you conduct an audit of your pay practices, and seek legal council.

Temporary Workers. Many companies, when they are unsure of their long term hiring needs, hire temporary workers. As the business needs are clearer, employers can shift to full-time hiring, or hire the temporary worker. Temporary or part-time workers can be a good option because the company is able to observe the employee’s job skills. However, hiring temporary workers can be costly because many temporary placement firms charge a substantial fee if the employer permanently hires the temporary worker.

Lay-offs and Rehiring. If you have been through a reduction in force, and are considering rehiring, there are a few considerations. In some layoffs, employees are terminated with an expected return date. For instance, many businesses layoff for the winter, and employees are rehired in the spring. This is usually the case when an employer operates under a collective bargaining agreement, or employs trade related employees. However, in our current economy, when the reduction in force is due to business slowdown, layoffs are generally considered final terminations. Unless you made a promise to recall an employee, you are not obligated to do so. You are free to go through the selection process, and choose the most qualified applicant. Be cautious to ensure there are no discriminatory reasons for not returning a former employee, or promises to the contrary, in which case, you would need to restore the prior employees.

Don’t go at it alone.

While the laws governing employment regulations, hiring and terminations are complex, you should realize there are valuable resources available to assist you along your employment travels. Consider engaging the support of a Human Resources Consulting firm, or a Professional Employer Organization. These firms are experts in employment law and can significantly help reduce your risk of making a bad employment decision.

(Source: EPLI Pro, March, 2010 Newsletter)

Disclaimer

Employers will likely encounter large applicant pools due to the number of currently unemployed individuals. This will pose challenges for screening applicants to ensure you find the right employee. Also with many applicants competing for few jobs, there is the increased possibility of claims of discrimination, as many of those who were laid off during the recession may be in protected classes. Applicants that have been in the job market for awhile can be more challenging. For instance, we are seeing an increase in applicants calling back after being turned down for a job saying, “I felt like the interview was going well, until the interviewer asked about —. I think that is why I wasn’t selected.” This makes it all the more important for employers to develop a recruitment plan for finding the right employee. The plan should be consistently followed in order to document the reasons for selecting an individual applicant, and the reasons why others were not.

In this and following posts, we will review the following areas:

1. Job Descriptions
2. Advertising
3. Screening
4. Applications
5. Interviewing
6. Record Keeping
7. Temporary Workers
8. Layoffs and Rehiring

Job Descriptions. The job description is the first step in the recruitment process. A good job description accurately reflects the essential functions of the job. It should include the skills, knowledge, qualifications, and experience required. It is important to include the physical requirements of the job to evaluate applicants with disabilities. An applicant with a disability, like all other applicants, must be able to meet the employer’s requirements for the job. A good job description can assist you in this process of evaluation.

Advertising. Describe the position in the advertisement consistent with the job description. Consider placing key criteria for selection in the advertisement to assist in the screening process. Avoid terms that would have a discriminatory affect, for instance “energetic, young, professional”. You may want to consider local workforce development organizations that work with displaced workers. They may have programs that will assist you in the screening process. Maintain a copy of all advertisements as part of your hiring records.

Screening. The screening process for a large applicant pool can be overwhelming. Consider phone interviews to help sort through resumes or applications. Many employers also use pre-employment testing. While testing tools can assist you in determining the most qualified applicant, they can violate antidiscrimination laws. Therefore, employers should consult a professional before using personality tests or other standard tests, as they might not be in compliance with the law for certain positions. Tests that are generally accepted if applied to all candidates for a position are typing, computer skills test, or job task demonstrations. For instance, if lifting is required, you can ask applicants to show they are able to lift the necessary weight.

Applications. Ensure that your employment application is legal and accurate. You should have a question about criminal convictions with appropriate legal limitations, whether the employee can perform the essential functions of this job – with or without reasonable accommodation -, and can they meet the attendance requirements of this job. An application that complies with federal and state laws is available on our website.

In our next post, we will review Interviewing, Record Keeping, Temporary Workers and Layoffs & Hiring.

(Source: EPLI Pro, March, 2010 Newsletter)

Disclaimer

Due to this timely subject, we invite you to please join us for free training webinar discussing this topic and other health trends in the marketplace.

“Value-Based” Employee Benefits Plan Management

In today’s economic times, benefit plan management is a critical component in controlling your employee overhead costs and in your ability to retain and attract top talent. This informative webinar will provide you with critical information on how you can positively impact your bottom-line and the health of your employees.

In this 60 minute webinar we will cover:

* Why are health care costs so high?
* The health of your organization starts with your people
* What is your “total cost” of poor health?
* Population Health Management: Wellness / Preventive
* Health Risk Assessments
* Resources and tools to manage employee health

REGISTER NOW!

Date: Thursday, March 25, 2010

Time: 12pm (PST)

The webinar will be presented by Peter G. Duncan, CEBS CLU ChFC, Partner at Sidles Duncan & Associates.

Administrative Services Outsourcing (ASO)

There has been a growing interest in offering non-PEO services in recent years. Known as ASO (Administrative Services Outsourcing), this service model offers clients a full range of human resources consulting, insurance administration and payroll services, without requiring the establishment of a co-employment relationship. An ASO relationship is also more commonly known as Human Resources Outsourcing.

Our firm began offering ASO services approximately five years ago, after our sales force experienced challenges to selling co-employment. In some cases, the reasons were tangible concerns, such as a risky blue collar operation with bad losses which was declined workers’ coverage through the PEO, or a small employer with minimum-wage employees that did not meet our minimum contribution levels for health insurance, or a long-term broker relationship which dashed the sales process.

In other cases, the objections were less tangible, but just as real. Prospects could not completely grasp the co-employment concept, felt they would be losing control over their employees, or simply looked at the PEO industry with suspicion. Insurance agents, fearful of losing a commission, didn’t help the sale either.

Recognizing the value proposition a PEO offers to small business, but fearful that the co-employment requirements could hinder sales, we adopted a more flexible, customized approach to selling human resource services. The philosophy was simple – if we already had the in-house experts available to provide a valuable service to a business, why should we force the PEO box – and possibly lose a deal – if the co-employment relationship did not work for a particular prospect?

Full service HR in a flexible environment

In an ASO relationship, clients can either maintain their existing benefits and workers’ compensation insurance plans, or the PEO shops their insurances on the open market. The win-win is obvious – clients maintain control of their own plans, and other concerns about co-employment can be avoided. At the same time, they still gain access to virtually all the PEO’s services. For the PEO, it can charge administration fees commensurate with the services provided, and maintain broader “golden handcuffs”.

The multi-service approach offers the PEO sales staff greater flexibility when consulting and packaging HR outsourcing services. It also promotes a more customer-centric sales approach, as the sales consultant can walk into a first sales call with no preconceived end-game or one-size-fits-all philosophy.

Particularly in today’s volatile economy, many small employers are hesitant to engage in complex, long-term financial arrangements. By its very nature, co-employment is a more involved relationship that is hard to enter, and even more difficult to break. The current economic climate is another reason ASO may be considered a more attractive option for a businesses looking for HR support.

Keep your HR options open

If you are considering using an outside service to assist you with your Human Resources management, take some time to investigate the benefits of both ASO and co-employment. Chances are, one of them will work for your organization, and  you’ll be on your way to simplifying your business operations, reducing your HR risks, and cutting employment overhead.

Co-Employment

Co-Employment is the relationship created between a PEO and its clients, wherein the PEO assists its clients in reducing the risks and responsibilities of being an employer. Co-Employment is defined as the contractual allocation and sharing of employer responsibilities between the PEO and the client. The PEO assumes the role of the Administrative Employer and is recognized as the legal Employer-of-Record. The PEO takes on numerous administrative, and strategic, functions for their clients. These functions include:

• Paying the Employees and Filing Payroll Taxes
• Issuing Workers’ Compensation Insurance Coverage
• Providing Employee Health Insurance Coverages
• Training Management and Staff
• Implementing Risk Management and Safety Plans
• Providing Employment Consulting and Compliance
• Managing Administrative Human Resource Functions

The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day activities relating to their internal operations. They provide worksite employees with the tools, instruments and place to work, and continue to oversee the hiring, firing, establishment of wages, and direction of the workforce. The PEO assists in ensuring that worksite employees are provided with a worksite that is safe, conducive to productivity, and operated in compliance with employment laws and regulations. In addition, the PEO provides worksite employees with workers’ compensation insurance, unemployment insurance, and a broad range of employee benefits programs.

Removing Distractions and Reducing Overhead

By providing these services, PEOs enable their clients to concentrate on their core business without the challenges and distractions associated with the “business of employment.” As a result, PEOs enhance the profitability of their client companies. The PEO’s economies-of-scale enables each client company to lower employment costs and increase the business’s bottom line. The client can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to the monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company’s core competency and grow its bottom line.

In our next post, we will discuss an alternative to co-employment, known as “ASO” – Administrative Services Only. Most of the same services, without creating a co-employment relationship.

For this post we invited our Recruiting Manager, Angela Showell, to share her perspective on what lies ahead.

Recruiting Trends

Most people tend to agree that, as a nation, our economy continues to slowly recover.  However, because California is among the states that was hit the hardest during the market’s downward spiral, I continue to hear a number of concerns from job seekers as well as employers.  The California job market (and most job markets on the whole) are still saturated with an abundance of candidates, a number of whom tend to be largely overqualified for the positions to which they apply.

This results in both the jobseeker(s) as well as employers and hiring managers being equally weary regarding what this ultimately means.  From the jobseekers perspective, especially considering that in many scenarios, days have turned to weeks and months of searching, they’re very nervous that employers are looking to capitalize off of knowing that people are desperate by offering the minimum salary to someone with the maximum skill set.  The opposite side of that coin is that employers feel that, due to desperation, many candidates will accept their (underpaying) positions and leave as soon as the economy rebounds and another higher paying position surfaces.

I know that sounds pretty grim and may not leave a lot of people feeling very optimistic, but there is good news!  In spite of these concerns, I can honestly say that my experiences with both sides directly contradicts what each side is expecting of the other.  Candidates really want the opportunity to come into a new company or environment, and to show off why they deserve to be there. They want to “earn” their keep as well as their pay, even when it’s much less than what they’re accustomed to making.

Similarly, the employers and hiring managers with whom I do a lot of business look forward to the opportunity of having someone who would normally be considered overqualified, come in and really boost the team and the company.  They would then pay the new hire accordingly, often adjusting job title and description to match the caliber of the candidate.

In sum, I’ve always believed that you get out of something what you put into it.  Even when tragic circumstances, like the worst economy in modern history, bring us together it’s something we all have in common and it’s a very interesting bond.  I believe that what will truly help us evolve and move past this terrible set of circumstances is to wipe the slate clean, stop comparing apples and oranges (i.e., previous jobs and future jobs / previous employees and future employees) and let’s give each other the benefit of the doubt so we can move on with a positive view.Thank you.
Angela Showell
Recruiting Manager, CPEhr

HR Solutions

Upon entering the HR Outsourcing relationship with the practice, a CPEhr Human Resources Specialist immediately began to review their policies and employee documentation. Many gaps in employment protocol were identified. An array of new employment forms were created, compliant procedures were implemented and new guidelines were put into practice. The Director and Office Manager received training on proper employee review and termination procedures, and their designated HR Specialist was invited to attend exit interviews and assist in the termination process.

“I have run the office for more than a decade,” says the Director, “But knowing CPEhr is here to guide me through all employee matter offers tremendous peace of mind. Now, instead of being distracted by minor personnel issues, I can focus on the practice. CPEhr has truly become our partner.”

The most critical assistance occurred when the practice decided to outsource their billing function and to layoff the entire department. CPEhr assigned several HR staff to assist in the layoffs, with proper termination procedures, protocol and severance packages that were in the best interest of both the practice and the employees. The Director sums up the incident succinctly: “We could never have done this on our own.”

Real Results

Since joining CPEhr, he feels that the day-to-day protection he experiences in the area of employment exposures is immeasurable. “I now have tremendous peace of mind. CPEhr has become our ‘go-to resource.’ Without this type of relationship we end up making our own decisions, without proper knowledge of the law, and will ultimately make a mistake. You think you can use common sense, but common sense and the law rarely match!”

The Director says the benefits of CPEhr were immediately realized, as the new systems and processes were implemented and functioning within 30-60 days. “I recognize the reality that as the practice grows. So too would the need to hire an HR Manager. However, by outsourcing to CPEhr , we don’t need to spend the money on another hire and can use those funds to invest back into patient care and clinical research.”

Company Background

This medical practice was founded in 1980 with the mission to provide the highest quality health care combined with clinical research and education. It is currently one of the few cardiovascular practices in the country that balances private practice with academic medicine, and runs one of the world’s largest cardiac transplant programs. They currently employ over 30 employees, but are opening two more locations and are expecting to significantly grow their employee base in the coming months.

It was obvious to the Executive Director of this prestigous medical practice that his time would be best spent on providing superior patient care and conducting scientific research. Managing employee issues should have been the last thing on his mind. Unfortunately, it wasn’t.

Business Challenges

As the practice grew in size and prestige, the Director recognized the critical role Human Resources played in his practice. “We do not have a dedicated HR staff,” he explains, “But I understand that human resources can’t be put on the back burner. HR is still a critical part of our practice.” With the lack of sufficient internal HR resources they struggled to standardize employee practices and stay abreast of changing employment regulations. While the Director and his Office Manager continued to personally handle the employee relations, an incident pushed them to consider outsourcing their human resources to a professional firm.

An argument ensued between two front office staff, and the altercation ended with one employee threatening to physically harm the other. The event was witnessed and the employee was let go. A short time later she sued the practice for race discrimination. Even though, at the time, the Director was sure he was doing the right thing, he ended up in an 8 month lawsuit with the EEOC that cost him hundreds of hours of time and distracted him considerably from running the practice. While he ultimately won the case, he realized it was time to work with human resource professionals. He needed a firm who would help him structure an HR system to prevent this from recurring, and to take over the administration of a lawsuit if one ever occurred again in the future.

“As our firm continues to grow and we open new offices, managing the staff in multiple worksites is only going to become more complicated,” he says. He invited CPEhr to present their outsourcing HR solution, and quickly engaged their services.

Our next post will review the HR solutions implemented by CPEhr.

The IRS sets forth clear eligibility guidelines for what determines independent contractor status. The following is taken directly from the IRS website:

Common Law Rules

In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered.

Facts that provide evidence of the degree of control and independence fall into three categories:

1. Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
2. Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
3. Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

Understanding the Implications of Misclassification.

Employers should understand the implications of misclassifying employees as independent contractors.  Employers who misclassify employees as independent contractors may find themselves responsible for employment taxes and penalties, as well for various benefits that the misclassified employee may be eligible for such as health insurance, pension, vacation and sick benefits, worker compensation, unemployment, etc.  It is important for employers to review their 1099s, identify independent contractors who may be misclassified and reclassify them appropriately.

The “Twenty Factor Test”

Perhaps the most famous determinant of independent contractor status is the IRS’s 20 Factor Test. The IRS created the test as a tool to help employers identify if their worker is an independent contractor or employee. Although, a worker does not necessarily have to meet all 20 factors to be considered either an employee or an independent contractor, it is important to view the circumstances of each individual case. You can download a copy of the 20 Factor Test here.

For more information on independent contractor classifications, please contact CPEhr for a complimentary qualification consultation.

Thi Ha, HR Account Manager at CPEhr, contributed to this post.

Disclaimer

In this post we will explore some ways to select training areas and methods.

Selecting Areas to Train

Determining the areas in which to provide training requires an evaluation of those areas of your business that can create opportunities for growth. Once they have been identified, you can then begin providing the training to capitalize on them. On the flipside, you need to see where potential liabilities might lie and train employees to avoid them.

Core Activities Training

This includes training to keep your employees updated in the areas in whcih they work. For example, if you are a software provider and your programmers need to learn cutting-edge programming language or tools, you should consider providing them with a few days of training. With their new found skills, they will provide more comprehensive services and enhance your software products.

If your business is service oriented or customer-facing, programs to educate your employees on how best to interact with customers is essential. Communication, customer service, listening skills, and more are all things that need continual review and brushing-up. The quality of your service will reflect the amount of training your employees receive in these areas.

Management Training

Managers certainly need to be educated on the myriad issues they deal with daily. From motivating staff to managing difficult employees, the list of issues is immense. Providing ongoing education, for even just one or two hours a month, will ensure that your managers learn leadership kills, working with diverse cultures, hiring/firing, discrimination, work laws, safety and more.
In all areas, it’s important for senior management to listen to managers and employees and hear what they think is important. As they are your people on the ground, they are likely well attuned to what they really need to learn.

Selecting a Training Medium

Providing in-person training is definitely ideal with all participants interacting and engaging each other. However, this is not always feasible. In large companies with teams of employees scattered across the globe, sometime using E-learning or webinars will be a highly effective option.

As always, working with your employees to discover what methods work best for them will ensure they learn what they need to.

Creating a Training Program

It is not always practical for small employers to create and implement their own training programs, as the time, staff, and financial resources required are not always available. Procuring the services of an outside training firm is usually a more cost-effective and practical solution. For more information on CPEhr’s Management Training Courses, please contact us at 877-842-4987.