One Question That You Can’t Ask Job Applicants

Overlapping Caution, Warning, Danger and Hazard Tape BackgroundIn an effort to continue working toward closing the gender wage gap, more states are enacting laws that prevent an employer from asking a candidate or applicant for compensation history.

Delaware is the most recent state to sign a law (effective December 2017) restricting employers from asking for compensation history. They can however, consider a candidate’s salary history should the applicant share that information voluntarily. It will still be legal for employers to share the salary range of the positions they are hiring for, and to ask a candidate what their desired salary range is.   Continue reading

New Marijuana Laws Mean Updates to Drug and Alcohol Policies

marijuana-lawsThe nation is undergoing some major changes right now, and not just politically. Not only did voters have to choose a new President, but many states also voted on whether or not to legalize the use of recreational marijuana.

On November 8th, five states voted “yes” or “no” to recreational cannabis. The states who have recently joined Colorado, Washington, Alaska and Oregon, where it was already legal, are California, Maine, Massachusetts and Nevada. Arizona was the only state with this topic on their ballots that for now voted “no”. Continue reading

Five Strategies to Effective Recruiting in a Candidate Driven Market

This is part one of our five-part series about effective recruiting in a candidate driven market.

By: Edna Nakamoto and Jessica Barrett

5 strategies to effective recruitingRecruiting today is not the same as it was even a few short years ago. The market is candidate driven, meaning the talent you’re seeking is receiving multiple offers at a time, being contacted by recruiters regularly, and in the position to change employers easily when their work stops being fulfilling. If you or your team are looking at making your recruiting more effective as you navigate these market changes, or are just jumping into recruiting, join us for our five-part series about effective recruiting in a candidate drive market.

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Three Strategies for Staying in Compliance with Wage and Paid Sick Leave Changes

 

Business cartoon showing businessman with therapist and saying, 'my industry has probably transformed again just since we started this session'.Several states throughout the nation continue to experience significant change as it relates to employment. As of July 1, 2016, still more changes will be going into effect, and employers will need to be ready. These changes, affecting minimum wage and paid sick leave (PSL), can be expected to continue throughout the country.

In response to concern over the need for a living wage, State and municipalities are raising minimum wages and creating  their own PSL laws. A great example is Continue reading

6 Must Follow Steps for Compliant Background Checks

background checks TAM and GoodHire recently joined forces to present a webinar on background checks. They discussed the FCRA requirements that result in the most claims and how to comply, the role and requirements of the EEOC, when and how to use employment credit checks and drug screening, and how ban-the-box laws affect background checks.

In addition to reviewing relevant state laws and consulting with legal counsel, here are six must follow steps to create compliant employment screening policies for your business.

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3 Important Questions to Ask About Employment Credit Reports

CreditWhen New York City passed the nation’s most severe restrictions on employment credit reports in 2015, it joined 11 states and several other cities that limit the practice. Similar legislation is pending in 17 other states and at the federal level.

Even in places that have passed bans, though, exemptions exist. That’s because, despite the controversy, employment credit checks play an important – and in some cases required – role in due diligence around hiring.

The Controversy
A 2012 survey from the Society of Human Resource Management found that 45% of employers run employment credit reports to reduce or prevent theft, while 22% run them to reduce legal liability for negligent hiring.

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California Leads Nation in Gender Pay Reform

equal payFor over fifty years there have been laws in place requiring equal pay for men and women doing the same job. Even so, discrepancies in pay still persist. In California, where the new equal pay law, the Fair Pay Act, went into effect the first of the year, data introduced into legislation shows women being paid 84 cents for every dollar made by their male counterparts.

The Fair Pay Act, voted in with virtually no opposition, aims to make it harder for employers to require employees to do the same work, but pay some workers less because of job titles. Now, companies will be required to really take a look at each position, and the work required, and assess pay based upon the work actually being done. Rather than justifying pay with job titles, employers will need to thoroughly assess job responsibilities and requirements.

This new law may be most beneficial to those in positions typically classified as laborers such as housekeepers. In this example, a housekeeper commonly does the same work as a custodian, but because of their job title, is paid a lower rate.

Pay inequality may exist due in large part to the fact that people don’t know they’re being under paid. Within most companies, the culture is such that discussing pay is strictly prohibited. The Fair Pay Act prevents employers from terminating or punishing workers who discuss their pay with coworkers.

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Why Most Independent Contractors May Be Considered Employees

University Students Holding Question Mark SignsThere are plenty of reasons that some people choose to go out on their own and work as independent contractors: flexible hours, unlimited income potential, control over income taxes, and control over the trajectory of their careers. There are also many reasons companies like to hire independent contractors, two of the most common being scalability and cost.

Some companies question when they should begin to transition from hiring independent contractors to full-time employees, but a more serious question should be, are your independent contractors already employees who have been misclassified? According to the U.S. Department of Labor (DOL), most workers are employees. The DOL issued a guidance in July of 2015 stating that the “misclassification of employees as independent contractors is found in an increasing number of workplaces in the United States…”. The guidance goes on to state that when employees are improperly classified, those workers may not receive protections common in the workplace, such as minimum wage pay, overtime compensation, unemployment insurance, and workers’ compensation. The reality is that this is another one of the situations where “it’s good until it’s not.” Thus, the problem is that employees classified as independent contractors will request to be classified as such until they realize that they are in dispute with their employer, e.g., they are terminated and request benefits normally provided to employees.
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Are You Prepared for Your OFCCP Audit?

Are you ready for an audit? If your organization does business with the Federal Government and if you’re required to comply with any of the below regulations or acts, you are one of over 200,000 businesses subject to an audit by the Office of Federal Contract Compliance Programs (OFCCP).

  • Executive Order 11246, as amended
  • Section 503 of the Rehabilitation Act of 1973, as amended
  • Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended
  • OFCCP’s regulations at 41 CFR Part 60
  • Applicable case law

Whether the audit is a Desk Audit or an On-site Review, there are four possible investigative procedures that will be included.
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