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New to HR? Here Are the Issues to Understand First

Carla Marsh • November 23, 2023

Are you new to HR? Feeling overwhelmed by the vast and constantly changing landscape of employment law? Worried about the risks to your organization? Don’t panic. You’re in the same boat as many others. You don’t need to know everything on your first day or even your first year. HR professionals with decades of experience are still learning new things.

 

For beginners and seasoned professionals alike, the key is knowing what you need to learn more about as you go along. For example, you don’t need to understand every facet of the federal Family and Medical Leave Act when no employee has need for leave, but you should be aware of whether the law applies to your organization and where to find more information when the occasion arises.

 

Below we’ve summarized the HR topics that you should be aware of sooner rather than later. All of these are addressed in more detail on the platform.

 

Accommodations

Accommodations adjust the work environment, employer policies, or job application process to enable people with disabilities or religious needs to perform the essential functions of their job, access employment benefits, or be considered for a job they’re qualified for. Common types of accommodations include modifying work schedules, altering the way job duties are done, reassigning a non-essential job duty (like stacking the monthly 100-lb paper delivery in the storage room), granting additional breaks, providing accessible parking, and offering materials in alternative formats (e.g., Braille, large print).

 

At-Will Employment

In all U.S. states except Montana, employment relationships are presumed to be at will. This means that an employer may terminate an employee at any time, for any reason (except an illegal one), or for no reason at all, and an employee has the same freedom to end the employment relationship. But note: Even though you can terminate someone for any reason, it’s best to have a legitimate business reason and to document it. A terminated employee could always claim they were terminated for an illegal reason, and thorough documentation can help show that wasn’t the case.

 

Benefits

Benefits are the parts of employee compensation that don’t come in the form of a paycheck. Common benefit offerings include medical, dental, and vision insurance, retirement plans, paid training/education, disability insurance, life insurance, and company discounts.

 

Discrimination

Unlawful employment discrimination happens when you treat employees better or worse based on their membership in a protected class. Protected classes—also known as protected characteristics—come from several federal laws, though about half are from Title VII of the Civil Rights Act of 1964. They include race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (40 or older), and genetic information. Refusing to hire or promote someone because they’re 55, gay, or from Argentina, for example, would be unlawful discrimination under federal law. Many states also have their own antidiscrimination laws that protect additional characteristics.

 

Employee Handbook

An employee handbook helps keep everyone on the same page about the company’s philosophy, employment practices, policies, benefits, and expected conduct. Having one isn’t required by law, but it’s a useful resource for both an organization and its people. Employers will often ask employees to sign an acknowledgment that they’ve read and understood the handbook.

 

Employee Training

Most employees don’t begin a job with all of the knowledge, skills, and abilities they’ll be using in the job. Training prepares employees to do the work they were hired to do, do it better over time, and take on new roles and responsibilities as they and the organization develop. Training is also important for compliance—safety and harassment prevention training, for example.

 

Compliance

HR compliance is the work of ensuring that your employment practices conform to federal, state, and local laws. This work requires learning which laws apply to your organization and understanding what they require you to do. New laws are passed every year, especially at the state level. Keep apprised of these changes.

 

Form I-9

The Form I-9 is a federal form that all employers must complete with new employees, within their first three days of employment, to confirm the employee is eligible to work in the United States. This form confirms both the identity of the employee and their employment eligibility. A new version of Form I-9 is being released today, along with an alternative procedure for remote verification, so even HR professionals who have been at this for years will have something new to learn.

 

Job Description

A job description defines the duties, responsibilities, and requirements of the role. It outlines what the job will entail and what knowledge, skills, and abilities are needed to do it. Job descriptions may be useful for setting pay, establishing performance metrics, and developing career ladders.

 

Leaves and Time Off

When an employee requests time away from work, you may have a legal obligation to provide it. Both federal and state laws require leave or time off for certain reasons or under certain circumstances, and more than one leave law may apply at a time. While there is no federal paid time off requirement, many states and localities do require certain leaves to be paid.

 

Onboarding

Onboarding is the (hopefully) formalized process of welcoming a new employee into the organization and setting them up for success. It involves completing any new hire paperwork, giving them time to read the employee handbook and any other important materials, introducing them to people they should know, and anything else that will help them integrate with the team.

 

Performance Management

Performance management is the work of setting consistent performance expectations, goals, and metrics across an organization so that leaders know what good and bad performance looks like, how poor performance should be addressed, and how good performance should be reinforced and rewarded. Leaving performance evaluations and corrections entirely to individual managers can lead to disparate and potentially discriminatory practices, so it should generally be centrally managed.

 

Recordkeeping

There are a lot of rules around recordkeeping: what employee records need to be kept, where and how they should be kept, and how long they need to be kept. Make sure your recordkeeping and storage practices comply with these requirements.

 

Safety and Health

All employers have an obligation under the OSHA general duty clause to provide a workplace free from hazards, and they must also notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye. Additional recordkeeping and reporting requirements apply to organizations in certain high-risk industries.

 

Termination

Termination is the conclusion of the employment relationship, and there are rules employers need to follow when they decide to terminate a worker’s employment. These include requirements around benefits continuation, final pay, and notices a terminated worker should receive on their way out the door. Employers should also take care not to discriminate or appear to discriminate when terminating someone’s employment.

 

Wage and Hour

The topic of wage and hour covers the compliance requirements around pay, including minimum wage, overtime, and employee classification. There are plenty of ways to mess up here, and it’s an area where messing up is likely to be noticed and costly, so it pays to take time to understand and comply with the requirements. It’s also an area in which federal, state, and local laws may differ, so make sure you’re complying with the most employee-friendly requirements.



 

From HR Support Center -

Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.


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By Carla Marsh • September 12, 2024
Question: A candidate told us they have a disability. What do we need to do? Answer from Rachel, SHRM-SCP: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to applicants with disabilities if needed to be considered for a job unless the accommodation causes an undue hardship. If the applicant doesn’t need an accommodation, simply continue to focus on the candidate’s skills and abilities relative to the position you’re hiring for. As you’re likely aware, employers are prohibited from asking about disabilities before offering an applicant the job. As a best practice, you should be asking all candidates—not just those who disclose a disability or appear to have a disability—whether they can perform the essential functions of the job with or without a reasonable accommodation. This can be as simple as adding a question to your job application. It’s important to not make assumptions about a candidate’s ability to perform their job based on their disability. If a candidate, during the post-offer stage, requests an accommodation to perform the essential functions of their job, then you would engage in the interactive process with them to determine what accommodations may be effective. 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. From HR Support Center - Legal Disclaimer : This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
How Skills-Based Hiring Could Expand Your Applicant Pool

How Skills-Based Hiring Could Expand Your Applicant Pool

By Carla Marsh • September 5, 2024
Are you finding it difficult to fill job openings because not enough people are applying? You wouldn’t be alone. One avenue organizations are taking to expand their applicant pool is to forgo the college degree requirement and instead adopt a more inclusive, skills-based approach to hiring. Would such an approach benefit your organization? To help you answer that question, we’ll go over reasons you might want to keep or eliminate the degree requirement and outline what a skills-based alternative could look like. The Upside of the Degree Requirement For employers, a college degree is an early indicator that an applicant may have the basic knowledge and skills needed for a position. It’s safe to assume, for example, that someone with a degree in graphic design can probably do an entry-level graphic design job. A college degree is also a sign that an applicant has likely developed certain soft skills like communicating with peers, completing long-term projects, and meeting deadlines. It’s not a guarantee, of course, but it enables employers to make reasonable decisions about which applicants to advance to a phone screen or interview. The college degree requirement can also serve as a useful tool for employers overwhelmed with applicants. It discourages some people from applying, reducing the company’s applicant pool and the workload of overburdened recruiters and hiring managers. And last, but not least, some jobs really do require a degree. We’re not suggesting you throw this requirement out the window If you’re hiring a lawyer, doctor, engineer, or other professional whose licensure is likely hinged on completion of a graduate degree. The Downside of the Degree Requirement If, however, you’re hurting for applicants, the degree requirement might be working against you if it isn’t absolutely necessary. While a college education is one way people acquire the knowledge and skills they use in their job, it’s rarely the only way to gain those proficiencies. In most cases, a degree is at best a proxy for basic qualifications, not something someone materially needs to do a job. And, aside from increasing your applicant pool, there are other good reasons to eliminate it. According to a study by Harvard Business School, requiring a degree when it’s not essential “particularly hurts populations with college graduation rates lower than the national average, such as Blacks and Hispanics, age 25 years and older.” It can also raise barriers to entry for many young adults. Eliminating the degree requirement means that you’ll need some other way to screen applicants for the necessary knowledge and skills and what’s become known as “skills-based hiring” is a promising alternative. What Is Skills-Based Hiring? Skills-based hiring prioritizes asking applicants whether and to what extent they have the skills needed for the job, not where they acquired those skills or how long they’ve been using them. The existence and quality of those skills is the deciding factor in whether to hire a candidate, not years of education or work history. It makes room for people who would be able to excel in the role, but don’t have the education or work history generally expected for someone with their expertise or ability. As an example, if you were hiring someone into an HR coordinator role, you’d skip asking them if they have a degree and how long they’ve been working in HR or general administration roles. Instead, you’d start with whether they have data entry and conflict resolution skills—or whatever skills you’re looking for in particular—and then ask how they acquired those skills and how they’ve put them to use. The Challenge of Skills-Based Hiring Skills-based hiring will likely add time to your hiring process. You won’t be able to rely on degrees or years of experience as your first screening criteria. You may have to redesign your application so that it effectively asks about skills and enables applicants to tell their story. You might end up phone screening or interviewing more candidates to ascertain whether they truly have the skills they say they have. You might also have to spend more time with recruiters to ensure they know and understand which skills you are looking for and how to assess whether applicants have them. But, if you are looking to increase your candidate pool and find the best person for that role, it will be time well spent. The Advantages of Skills-Based Hiring First, skills-based hiring has the potential to align more closely with business needs because, if done right, it makes you think clearly at the outset about what skills are truly essential, what specific skills would most benefit your organization, and what skills would merely be nice to have. It also gets you thinking about the role’s evolution as the organization develops and needs change. All this can lead to better job performance, lower turnover rates, and higher employee satisfaction because employees are positioned in roles that suit their skill sets and growth aspirations. Second, skills-based hiring can widen your talent pool. By prioritizing skills over formal education or specific career achievements, you can discover candidates who you’d likely overlook despite being highly capable and a terrific fit for the role. This is especially relevant in fields where practical abilities are more important than academic qualifications and formal experience. Most employers would likely agree that they’d rather have an HR coordinator with sparkling data entry skills and the ability to put people at ease than one with a college degree and five years of experience but no typing or people skills. Finally, skills-based hiring can increase the diversity of your candidate pool. You’re more likely to evaluate candidates on their merit, reducing biases related to education, socio-economic background, or work history. This not only supports a more equitable hiring process, but also brings a broader range of perspectives and ideas to your team, enhancing creativity and problem-solving. From HR Support Center - Legal Disclaimer : This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Do We Need to Pay Summer Interns?

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By Carla Marsh • August 29, 2024
Question: Do we need to pay summer interns? Answer from Wendy, PHR: Generally, yes, though it depends on who benefits most from their work. The U.S. Department of Labor (DOL) has adopted the “primary beneficiary test” to determine whether a worker is an employee (who must be paid in accordance with federal wage and hour law) or can be classified as an unpaid intern (a non-employee who is exempt from federal wage and hour law). If the worker is the primary beneficiary of the arrangement—as opposed to the employer—they can be classified as an unpaid intern. If the employer is the primary beneficiary, the worker must be classified as an employee and must be paid minimum wage and overtime under the Fair Labor Standards Act. To determine who the primary beneficiary is, consider the extent to which: The internship provides training that would be similar to what would be given in an educational environment, including clinical and other hands-on training provided by educational institutions. The internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit. The internship accommodates the intern’s academic commitments by corresponding to the academic calendar. The internship’s duration is limited to the period in which the internship provides the intern with beneficial learning. The intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern. The intern and the employer understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee. The intern and the employer understand that the internship is conducted without entitlement to a paid job at the end of the internship. According to the DOL, the test is flexible, and no single factor will necessarily tip the scales. But as a practical matter, if having summer interns is saving your company money or the interns aren’t receiving some kind of academic credit, you should think very hard about classifying them as non-employees. If you’re not sure whether the worker should be classified as an unpaid intern or paid employee, the safer option would be to classify them as an employee. Misclassification can be costly. And as is always the case, you should check state law for any additional requirements. This Q&A does not constitute legal advice and does not address state or local law. Wendy has over 20 years of experience in HR and talent acquisition. She has been writing and talking about HR for 5 years and was an HR podcast host for 4 years. Wendy has a BA from the University of South Dakota. In her spare time, she makes artisan ice cream and volunteers with her daughter's Girl Scout troops. From HR Support Center - Legal Disclaimer : This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
What Do We Do When a Prank Crosses the Line?

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By Carla Marsh • August 22, 2024
Question: We’ve generally been tolerant of harmless pranks, but recently, an employee placed a suggestive picture on a coworker’s workstation and another employee saw it and complained. How should we respond? Answer from Kyle, PHR: It sounds like this prank could have crossed the line into harassment, even though the person who was offended wasn’t necessarily the intended target. As an employer, you have an obligation to prevent and deal with harassment complaints promptly and thoroughly. To that end, follow your standard procedure to investigate the incident and take appropriate action. Be sure to document every step of your investigation and resulting actions taken so you can show you fulfilled your obligations. Having a clear record will also help you ensure similar situations are handled consistently in the future. Going forward, you could prohibit pranks of any sort, but if they remain harmless and inoffensive while also inspiring joy in the workplace, a blanket ban might not be necessary. On the other hand, if most employees don’t enjoy the pranks or they’re significantly disruptive to the workplace, it might be time to lay down some new expectations around professionalism. In either case, employees should understand what lines not to cross and that “just having fun” is no excuse for violating company policies. You can learn more about harassment 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. From HR Support Center - Legal Disclaimer : This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
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