Hiring Best Practices

1
Hiring Best Practices

• Linda S. Johnson, PHR
• Human Resource Consultant
• Senior Business Consultant
• Corporate Trainer
• Pikes Peak Workforce Center

2
Hiring Statistics

• Department of Labor Statistics
• 1 out of 3 businesses will be sued over an
  employment issue
• 2 out of 3 new hires will prove to be mistakes
  within the 1st year
• 2 out of 3 employees would rather work somewhere
  else
• 9 out of 10 employees will exaggerate during an
  interview
• 9 out of 10 thefts are committed by employees

3
Recruiting

• Recruit Offensively!
• Hire Defensively!
• Resume Lawful Exaggeration!
• Application Truth, right?

4
Resume/ApplicationWarning Signs

• Application
• Typographical errors, deleted text, misspellings,
  poor penmanship, overall sloppiness
• Missing or uncompleted sections of the
  application form
• See resume instead of filling in application
• Phrases such as exposure to, knowledge of,
  and familiar with

5
Resume/ApplicationWarning Signs

• Education
• No appropriate education or course info.
• Attended but did not graduate
• Degree received with a future graduation date
  more than six weeks away

6
Resume/ApplicationWarning Signs

• Experience
• Job-hopping
• Termination, left job by mutual agreement, asked
  to resign or left for personal reasons
• No explanation for breaks in work history
• Regressive work history (step backward in duties,
  career, or salary) without good reason

7
Realities of Interviewing

• 70 of interviewees feel that the interview
  process is a strong indicator of how the company
  operates.
• 39 say their number one frustration is that
  interviewers are not prepared and not focused
  during the interview.
• 38 frustrated by a lack of feedback on the
  status of their candidacy.
• 27 said position descriptions differed from one
  interviewer to another within the same company.

8
The Interview

• A job interview is a formal arranged meeting
  (usually face-to-face) used for the assessment of
  a job applicants skills and abilities.

9
Interview Process

• Introduction
• Interviewer QA
• Applicant QA
• Close
• Administration

10
Assessment

• The goal of an interview is to assess a potential
  employee to see if he/she has the social skills
  and abilities suitable for the workplace.
• Interview questions should be concerned with the
  experience, training, or some other concrete type
  of answer from the candidate.
• KSAs

11
Topics to Avoid

• Arrests or Police Records
• Sex
• Disability
• Age
• Military Service
• Contact Information

12
Topics to Avoid

• Race/Color
• Child Care
• Religion
• National Origin
• Marital Status
• Financial

13
Questions to Avoid

• Leading Questions Tell the interviewee what you
  want to hear.
• Theoretical or Situational Questions The
  interviewee is presented with a situation and
  asked how they would respond. Hypothetical
  questions allow for hypothetical answers.
• Illegal Questions Avoid questions that gather
  information about prohibited/protected class.

14
Interview Follow-Up

• References
• Letters

15
Hiring Tips

• Telephone interviews within 5 days of becoming
  aware of a qualified candidate
• Face-To-Face interviews within 8 days
• Extend an offer within 6 days of the face-to-face
  interview

16
Closing the Deal

• Be careful what you offer an applicant!
• Offer letters can be enforceable contracts
• At-will acknowledgement
• Compensation/bonus terms
• Benefits governed by applicable plan

17
Wage and Hour

• Exempt Status
• Non-Exempt Status

18
Wage Order 24

• Pay overtime for all work in excess of 12
  hrs./24-hour period
• Unrestricted meal period of 30 min. for every 5
  hrs. of work
• Paid 10-min. breaks/each 4-hr. work period
• No deductions except as required by law

19
Wage Order 24

• Employer provides uniforms when specific make,
  logo or material required (May require 50
  deposit refundable upon return by employee
• Time Clocks Rounding, up to 7 min. must benefit
  the employee as well as the employer

20
Wage Order 24

• Deductions for Lawful Charges Indebtedness
• Mandated by local, state, or federal law (i.e.,
  garnishments and taxes)
• Loans, advances, goods or services, equipment or
  property provided pursuant to a written agreement
• Replacement cost due to theft (if a report was
  filed with proper law enforcement agency and
  criminal charges filed within 90 days)
• Employee authorized deductions, if authorization
  is revocable (medical ins., savings, charities)

21
Wages Earned

• Hours Worked
• All hrs. employee is required to be at work, even
  idle time for the benefit of the employer
• Hrs. worked paid no less than minimum wage -
  7.02 (Exception Tipped Employees - 4.00/hr.)
• Travel Time (Exception normal home to work
  travel time)

22
Child Labor Regulations

• Age 14 15
• School Release Permits required during school
  hours
• Cannot work more than 40 hrs./week or 8 hrs. in
  any 24-hr. period.
• After school hrs. cannot work in excess of 6
  hrs./day unless next day is not a school day
• Cannot work (except for babysitters, or employed
  as an actor, model or performer) between hours of
  930 p.m. and 500 a.m.

23
Child Labor Regulations

• Age 14 15 Permissible Occupations
• Non-hazardous occupations in manufacturing
• Public messenger service
• Janitorial and custodial service
• Warehousing and storage
• Retail food service and retail stores
• Occupations in restaurants, hotels, etc.
• Occupations related to parks or recreations

24
Child Labor Regulations

• Age 16 17
• School (work) permits not required
• Cannot work more than 40 hrs./week and no more
  than 8 hrs./24 hr. period (Except Seasonal
  agriculture Minor over 14 can work up to 12
  hrs./day)

25
Child Labor Regulations

• Permissible Occupations at age 16 Older
• Same as Age 14-15 and occupations requiring
  operation of a motor vehicle is operator licensed
• Non-Permissible Occupations age 16
• Transporting or storage of explosives, mining,
  logging, etc., livestock slaughter, roofing,
  excavation operations, wrecking or demotions
  (Exception manual auto wrecking)

26
Colorado Wage Claim Act

• Employers must pay wages at least once per month
  (unless the employer/employee agree otherwise)
• Involuntary Termination
• Wages due and payable immediately
• Exception
• Payroll office not open Wages due within 6 hrs.
  after start of employers next regular workday
• Payroll office is out-of-state Wages due within
  24 hrs. (at worksite, employers office, or by
  mail)

27
Colorado Wage Claim Act

• Voluntary Termination
• Wages earned and unpaid are due and payable on
  the next regular payroll period
• Wages Include
• Salary or Hourly Rate
• Commissions if fully earned (Earned Were
  services fully performed)
• Vacation earned but unused

28
Employment-At-Will

• Employment-At-Will States Either employer or
  employee may terminate relationship at any time
  without advance notice or cause unless the
  employee is hired for a definite period of time
  or there is an agreement limiting the reasons for
  discharge.
• Exceptions Various exceptions created by the
  legislature and the courts such as
  discrimination, public policy, and contract law

29
Employment-At-Will

• Jury Duty Pay
• Hourly employees First 3 days of service, court
  pays 50/day
• Employer may not threaten, coerce or discharge
  an employee reporting for juror service as
  summoned
• Voting and Pay
• Employees who have 3 or more non-work hrs.
  available to vote are not entitled to time off to
  vote

30
Employment-At-Will

• Work Leave
• Holiday Pay Not required by CO wage law
• Sick Pay Not required by CO wage law
• Severance Pay Not required by CO wage law
• Domestic Abuse Employees may request up to 3
  working days of leave in any 12-month period,
  with or without pay, if victim of domestic abuse,
  staling, sexual assault or other crimes related
  to domestic abuse.

31
Employment-At-Will

• Off-Duty Activities
• Employer may not terminate an employee due to
  engagement in any lawful activity off the
  premises during nonworking hours.
• Exception Related to a bona fide occupation
  requirement
• Necessary to avoid conflict of interest with any
  responsibilities to the employer or the
  appearance of such a conflict of interest

32
Job Descriptions

• Written summary of the duties and
  responsibilities of the job
• Include
• Working conditions
• Tools and equipment used
• Relationships with other jobs

33
Recordkeeping Requirements

• Payroll records with info. listed must be
  retained for three (3) years
• Supplemental records, including time cards must
  be retained for two (2) years

34
Recordkeeping Requirements

• Employee Records
• Name, address
• Date of birth (if under 19)
• Sex
• Occupation in which employed
• Time of day and day of wk. which employees
  workweek begins
• Basis on which wages are paid (i.e., hourly,
  daily, weekly, etc.)

35
Recordkeeping Requirements

• Hrs. worked/workday and total hrs. worked/week
• Total daily or weekly straight-time earnings
• Total additions to/deductions from wages/pay
  period
• Total wages each pay period
• Date of payment and each pay period covered

36
Working Files

• Work Samples
• Working Notes Made Regarding Employees
  Performance
• Letters of Commendation
• E-Mails Related to Work Projects and Outcomes.
• Certificates of Completion

37
Working Files

• Quantitative Performance Records
• Disciplinary Notes or Forms
• Factual Details About Work-Related Situations

38
Termination

• Adequate Warning
• Termination Warranted
• Sufficient Proof
• Objective and Consistent Process

39
Termination Problems

• Public Service
• Legal Accommodation
• Illegal Discrimination or Harassment
• Illegal Retaliation
• Illegal Acts

40
Investment

• Organizational Benefits Consistent, equitable,
  early intervention, better morale
• Supervisory Benefits Acknowledge good work, nip
  problems in the bud, team building, retention
• Employee Benefits Accountability of employees
  and recognition of value

41
Employment Law andAgency Resources

• Jury Duty and Pay www.courts.state.co.us
• Voting and Pay www.elections.colorado.gov
• Employer Bankruptcy www.cob.uscourts.gov
• Small Claims Court www.courts.state.co.us
• Discrimination www.dora.state.co.us/civil-rights
  
• Unemployment Insurance www.coworkforce.com/uib
• Workers Compensation www.coworkforce.com/dwe
• Employment and Training www.coworkforce.com/emp
• Wage Order www.dol.gov
• EEOC www.eeoc.gov
• OSHA www.osha.gov

42
Contact Information Linda S. Johnson, PHR Human
Resource ConsultantSenior Business
Consultant Corporate Trainer Pikes Peak Workforce
Center 2306 East Pikes Peak AvenueColorado
Springs, CO 80909johnson.l_at_ppwfc.org
719-667-3787 Office719-667-3753 -
Fax[phone] - Cell