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And for our 900th EmployeeScreenIQ Blog post we have IRONY! When we started blogging many years ago we wrote a lot about the failures of FBI background screening. Well today, for our monumental 90oth post, the story has been written for us!

Fired Due To Error In Background Check, Carroll Woman Still Jobless

Eschol Amelia Studnitz lost her $58,000 accounting job July 31 because a government background check deemed her "unsuitable" for a low-level security clearance. She was stunned. She had no criminal record.

"I kept thinking, 'What could I have done?' " said the 59-year-old Carroll County resident, who goes by the name Amy.

Her shock was warranted: Her firing was based on a mistake. And within days, her employer, Corporate Mailing Services of Arbutus, heard from the Social Security Administration that she could, in fact, work on a new contract handling mail for the agency.

But three bewildering months after her dismissal, Studnitz has not been rehired or found other work in this tight job market. A single woman who's relying on her $405 weekly unemployment checks, she says she is behind on the mortgage for her Manchester home and has a shut-off notice from Baltimore Gas and Electric Co.

"I'm in a jam, a real jam," she said, "and I didn't do this to myself." She wants to regain the job she landed in April 2008, but the company now says it won't rehire her due to supposed performance shortfalls. She would like to sue the government for thousands of dollars of lost income, but could face long odds.

More


Article by, Jason Morris and courtesy of EmployeescreenIQ


HR outsourcing is another option for hiring and recruiting employees. For businesses that are small and growing, having a full HR department does not make sense. So why not consider paying someone else to do it!

As this topic is rather broad, for the purposes of this web site, we will limit the discussion to recruiting and hiring employees or staffing up a business.

Can You Really Effectively Outsource Human Resources?

The short answer is yes but it depends on the size of your company. HR outsourcing is an effective option for small to medium small but growing companies.

It can come in different forms. For instance maybe you only need some part time consulting. You can outsource specific task, such as developing a recruiting plan or helping with the review of resumes. Whatever your need it can be customized to your budget and the size of your company.

Continue reading "HR Outsourcing" »


Getting to the Offer

Hiring employees is the single most critical aspect of recruiting. Poorly handled, the whole thing could blow up faster than you can imagine. What could be worse than getting to a job offer and having the candidate say no thanks.

Reason for the No

There are a few common reasons why a candidate might say no,

The good news is that much of this can be handled or avoided with proper planning and screening.

Elements of a Good Hiring Process

The following are elements of a good offer/hiring process.


  1. Quick Selection Process

  2. Expedient Salary Negotiation

  3. Submit Offer Letter

  4. Clear Pre-Employment Process

  5. Professional Onboarding Process

It does not have be a fast process. What it needs to be is predictable. This means you need to lay out for the candidate the time frame and meet that time frame. When is the decision going to be made? Once made, when does the offer letter come? How long to take a physical and/or drug test? To the extent that you can meet the time line as described, it will inspire confidence in the candidate that this is just your process.

Other Ideas

Once the time and resources have been invested in making a hiring decision, often times it comes down to a couple small items. As I mentioned earlier, too many times I've seen things blow up for the smallest of reasons. Without exception, once the damage is done, it can't be repaired.

For example, we had a client who spent 3 months interviewing candidates until they found someone that was perfect. The sticking issue was a start date. The candidate had a bonus due in 30 days and wanted to make sure there was enough time to transfer his responsibilities to another person. He really needed the 30 days to transfer his responsibilities.

The client offered a signing bonus in their offer letter and asked him to start in the traditional 2 weeks. When they consented to the 30 days, they withdrew the signing bonus because they said it was in lieu of the bonus he was not going to get. This connection was not specifically spelled out in the offer letter.

The mistake the client made was not listening to the candidate. He needed the 30 days to make sure his responsibilities were properly transferred. It was a matter of integrity, a great quality for an employee. Instead they focused on the bonus money.

The Big Picture

In the end, they spent 3 months of time and resources interviewing dozens of candidates only to lose their prize candidate because of a difference of 10 working days.

The lesson here is when the deal comes down to finally hiring employees, don't lose sight of the big picture. I does not mean you have to roll over on everything but make sure you understand what is important to a candidate.

Final Thought

There is one last part of the hiring employees process. Once you have made the offer, it is accepted and your candidate has passed all the conditions of employment, don't forget about the candidates who did not make the cut. Send them a rejection letter letting them know of your decision. Nothing fancy but it should be professional. This just ties up all the loose ends and makes you company stand out from the rest!


Tom Tassinari.jpgAfter 20+ years as an engineer in the R&D world, Tom Tassinari found himself in the recruiting world. By adapting the problem solving and process discipline skills of engineering to the recruiting world, he now works with companies on locating and hiring top talent...with his own techie twist.


In the internet age, free public records are readily available online. Some are useful and important, others need to be viewed with a bit of caution. So which ones should you use?

Best Free Records

The best ones to use are the federal, state and county records. There are a number of records available for free and easily found online. Examples include,

  • Professional Engineers
  • Trades Skills licenses
  • Disciplinary Records
  • Sex Offenders
  • Teaching Credentials
  • Patent Searches
  • and more...

As you can see there is a wealth of information available. It often depends on your state or county if the records are online.

Proper Use of Records

While it is good to look at free online records, it is important to remember they are free, therefore, should be taken as a verification of information already in possession. For example, if a candidate claims to be a registered professional engineer, but the candidate's name is not listed on the state's online database. This does not mean the candidate does not have a PE. It means you should find another way to verify the PE.

Court Records

One should proceed with caution when examining court records. For example in Orange County, CA, the superior court records are available online. Before entering the site there is a disclaimer that warns the user the record is only a public service and subject to errors and omissions. This means if you use these records they are for reference only and should not be assumed as factual.

The end result is that you should read all disclaimers and warnings about the information being provided. Use your information to add to your knowledge of a candidate. Verify what you know. Be sure to seek other means of verification if the information gathered raises questions and you have a great free resource.


Tom Tassinari.jpgAfter 20+ years as an engineer in the R&D world, Tom Tassinari found himself in the recruiting world. By adapting the problem solving and process discipline skills of engineering to the recruiting world, he now works with companies on locating and hiring top talent...with his own techie twist.


Employment drug screening is completely optional for an employer. There are however some things you may want to consider before you decide on your policy.

Who Gets Tested

To be safe it probably has to be every candidate. You should have a workplace drug policy that backs up the testing of candidates.

When To Test

Once you decide to make an offer to a candidate then, like taking a physical, you make the offer contingent on passing the drug test. Never give a candidate too much time to get into the clinic. Make the offer contingent on getting to the clinic and passing the test within a reasonable time frame like 24 to 48 hours. If there is any hesitation or stall, it could be a sign of a problem.

Continue reading "Employment Drug Screening" »


What You Need To Know Before Making The Hire

The employment background check is often one of the last things done before hiring a person. In fact often employers make an offer contingent on passing a background check. The decision is up to you.

Disclaimer: As with all matters that pertain to legal issues you should always seek legal counsel when considering the ramifications and liabilities of having employees with criminal records or anything related to liabilities you may be exposing you or your business to. I'm not a lawyer and I don't pretend to be giving legal advice. Check with your own lawyer who knows your business and your local laws.

Continue reading "The Employment Background Check" »


When the EEOC talks, companies should listen. Because of technology and the internet, there is a new working definition of an applicant. It now includes resumes submitted over the internet or other electronic means. Here is the full text of the changes.

Impact to You?

What this means to you or your company only you or your corporate council can be sure. What we have done in practice to develop good habits is to make sure we document everything. To the best of our ability we capture every incoming resume submission, every fax and hard copy submitted. When a candidate is clearly lacking the job skills, we document it. When a candidate does not return a phone call or email, we document it. When the contact information given sends us to a disconnected number (you would be surprised!) we document it. After a short time, it becomes a habit and really does not take too much time or effort.

Finally, please do not assume this does or does not apply to you and wait for something bad to happen. See the advice of a business attorney if you have any questions about whether this applies to you and your business.

Tom Tassinari.jpgAfter 20+ years as an engineer in the R&D world, Tom Tassinari found himself in the recruiting world. By adapting the problem solving and process discipline skills of engineering to the recruiting world, he now works with companies on locating and hiring top talent...with his own techie twist.


They're lurking in your mailbox - as many as 17 a day, or 70 a week. They are diploma mills, insidious companies that offer academic degrees and diplomas with little or no academic study and without recognition by legitimate educational bodies.

They feed on job applicants who will do anything to enhance their resume. Cheap, easy, and fast is their mantra, and their popularity is exploding in today's marketplace. Employers that don't act quickly face financial loss, litigation, and loss of reputation.

Continue reading "Smoke, Mirrors and Resumes: EmployeeScreenIQ Tackles Growing Threat of Diploma Mills" »


As practically everyone in the world now knows, last week talk show host David Letterman publicly admitted that he has had sex with "women who work for [him] on the show."

Background

Click here to see Letterman's on-air remarks, courtesy of CBS.

One comment Letterman made that has grabbed the attention of employment lawyers and HR gurus is that he hopes to "protect [his] job." He has a right to be concerned.

Most companies have policies that restrict boss/subordinate relationships. According to sources, CBS -- like many employers -- has a policy requiring disclosure of such relationships in an effort to avoid conflicts of interest. It reportedly states:

Continue reading "Lessons from Letterman" »


Employees continue to find new and creative ways to get themselves in trouble (and to cause headaches for HR professionals).

The latest example? According to the Miami Herald, a waitress is suing Hooters based on allegations that her manager harassed her by "sexting" explicit messages and photos.

What is "sexting"? Here's how the always-reliable Wikipedia defines it: "the act of sending sexually explicit messages or photos electronically, primarily between cell phones."

Sexting is just the latest form of harassment to pop up on the legal landscape as technology continues to morph and pervade the workplace. It has the potential to create significant legal risk as some employees appear to believe that (1) texting is far more casual than e-mail or other forms of communication, (2) employers can't/don't monitor it and, thus, (3) the normal rules don't apply -- anything goes.

What should employers do?

"Sexting" should be treated like any other form of potential harassment. Get proactive.

  • Review and update your policies to ensure they are broad enough to prohibit inappropriate texting, instant messaging, tweeting, etc.
  • Educate employees that all of these new forms of communicating create a permanent record that can be retrieved and used as evidence in a harassment case (even if sent from a personal cell phone or computer).
  • Use our time-honored "Mom Test." Train employees to ask themselves this question before they hit "send": Would I be comfortable if my mother read this message? If not, don't send it.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Here's this week's question . . .

Is it unlawful to discriminate against an employee on the basis of his or her weight?

Great question.

A recent Yale University study concluded that weight discrimination is more common than discrimination based on disability, religion, national origin and sexual orientation and only slightly less common than race, gender and age discrimination.

The study also found that women are twice as likely as men to face weight discrimination. Researchers found that women typically start experiencing discrimination when their body mass index (BMI) reaches 27 or higher, while men typically don't unless their BMI is 35 or higher.

So, obesity discrimination appears to be common. But is it unlawful?

As of now, federal law doesn't include obesity as a proteced class. But Michigan and a few municipalities (e.g., San Francisco and Washington, D.C.) do.

Courts have ruled that workplace weight standards could constitute disparate treatment discrimination if they have an adverse impact on a protected class (e.g., women). Moreover, obesity could potentially constitute a disability under the Americans with Disabilities Act (ADA), if it renders an employee unable to perform certain "major life activities." On the workers' compensation front, one court recently required an employer to pay for weight-reduction surgery for a 340-pound employee to increase the chances that surgery related to a work injury would be successful. Click here for more on that case.

The Bottom Line?

The best approach is to stick to purely job-related factors. Anything else can result in bad decisions, hurt employee morale and possibly land you in court.

(Special thanks to Kevin Kopp of Roberts & Stevens for the tip on the worker's comp case discussed above.)

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Recruitment advertising has become such a specific and exclusive field that it has its own mechanics of operations, its own experts to seek advice from and its own distinct significance not just in the arena of marketing available internship and entry level job openings, but also in branding the company as a great place to work.

Therefore, companies are investing a great deal in advertising, fully aware of the many benefits and returns it brings back to their organizations and the role it plays in entrenching "brand" recognition among college students and recent grads. Because of this, many successful organizations are now seeking the experience of advertising agencies to deal with the advertising aspect of their hiring or more precisely, the promotional aspect of their hiring.


Continue reading "Advertising Agencies: Your Greatest Allies In Reaching Quality Candidates Effectively" »


Writing job descriptions can be as complicated as you want them to be. In all my years of recruiting, there are some accepted conventions that seem to be in every good one. Remember the purpose here is to have a clear outline of duties and responsibilities to make the screening process as direct and simple as possible. Putting on my legal hat here,though I'm not claiming to be a lawyer, it also is good practice to have a documented format as part of your hiring criteria. (For more on that contact a good employment lawyer.)

Required Elements

Here the categories that should be addressed are with a brief overview of each:

  • Job Parameters - The basic who, what, where and when of a job. What is the job title and department? Who does it report to? Where is the job located? (if necessary) and what is the schedule (days/hours) of the position if necessary?

Continue reading "Job Descriptions Made Simple" »


In September 2008 Careerbuilder.com released their survey, "One in Five Employers Use Social Networking Sites to Research Candidates." Below were the top concerns hiring managers responded they had when checking candidate's pages.

  • 41 percent: References to alcohol or drug use
  • 40 percent: Inappropriate photos or information posted on their page
  • 29 percent: Poor communication skills
  • 28 percent: Bad mouthing of former or fellow employees
  • 27 percent: Inaccurate qualifications
  • 22 percent: Unprofessional screen names
  • 21 percent: Notes showing links to criminal behavior
  • 19 percent: Divulging confidential information about past employers

Continue reading "Social Network Candidate Screening - Top Concerns " »


How Not to Get Sued by the EEOC

Want to avoid being a defendant in an EEOC lawsuit?

One of the easiest ways to find out what's on the EEOC's radar is to keep tabs on the lawsuits it's filing. Here's the latest, all from just the past week:

1.7 Million Reasons to Prevent Harassment and Retaliation

Lowe's Home Improvement Warehouse agreed to pay $1.72 million to settle allegations of "rampant" sexual harassment in Longview, Washington store.

Two men and one woman alleged that they were subjected to "widespread and repeated" sexual harassment by managers and co-workers, including verbal abuse, sexual assault and promises of a promotion in exchange for sex. The EEOC contended that Lowe's failed to take prompt remedial action and instead fired the three alleged victims.

Continue reading "More Ways to Avoid an EEOC Law Suit" »


The following story isn't anything new to our readers. We've stated time and time again that employers should not use social networking sites as a way to investigate job candidates because the information you find may not be truthful in nature. How do you know that the Facebook profile filled with bad language and borderline inappropriate photos you are looking at is your candidate's creation and not the invention of a former friend, spouse or co-worker with an ax to grind? Denying someone a job based on information found on a social networking site could be asking for trouble.

Continue reading "Facebook: Fact or Fiction? (Or Both?)" »


According to a new study released by the University of Massachusetts Dartmouth, about 90% of US bills contain traces of cocaine. Researchers have said that this could lead to false positive drug test results if the employee handles large quantities of money as part of their job. It could also lead to claims that cash handling is the reason for a failed drug test. Imagine Tony Montana coming into your office after failing a drug test, saying "I never used cocaine, it's because I used to be a bank teller." How much cocaine do you have in your pocket?

90 percent of U.S. bills carry traces of cocaine

The term "dirty money" is for real. In the course of its average 20 months in circulation, U.S. currency gets whisked into ATMs, clutched, touched and traded perhaps thousands of times at coffee shops, convenience stores and newsstands. And every touch to every bill brings specks of dirt, food, germs or even drug residue.

Research presented this weekend reinforced previous findings that 90 percent of paper money circulating in U.S. cities contains traces of cocaine.

"When I was a young kid, my mom told me the dirtiest thing in the world is money," said the researcher, Yuegang Zuo, professor of chemistry and biochemistry at the University of Massachusetts Dartmouth. "Mom is always right."

Scientists say the amount of cocaine found on bills is not enough to cause health risks.

Money can be contaminated with cocaine during drug deals or if a user snorts with a bill. But not all bills are involved in drug use; they can get contaminated inside currency-counting machines at the bank.

"When the machine gets contaminated, it transfers the cocaine to the other bank notes," Zuo said. These bills have fewer remnants of cocaine. Some of the dollars in his experiment had .006 micrograms, which is several thousands of times smaller than a single grain of sand.

(more)


Article by, Jonah Green and courtesy of EmployeescreenIQ


The Wall Street Journal is reporting that the U.S. Department of Immigrations and Customs Enforcement (ICE) is stepping up their efforts to audit U.S. employers who hire illegal workers. According to John Morton, the new chief of of ICE, 654 companies are currently being audited with many more notices to follow.

These efforts are in stark contrast to the lax auditing practices of the previous administration. And the fines are significant. So employers, beware. Make sure you have I-9's in place with a process to ensure you are receiving valid identification. Many employers now have started to use E-Verify and other electronic employment eligibility systems to help with compliance in this regard.

U.S. Intensifies Audits of Employers- Wall Street Journal

LOS ANGELES -- A senior U.S. immigration official said Monday that his agency will intensify a crackdown on employers of workers in the country illegally as part of the Obama administration's new immigration strategy.

John Morton, the new chief of U.S. Immigration & Customs Enforcement, a unit of the Department of Homeland Security, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said.

On July 1, Homeland Security Secretary Janet Napolitano announced an audit of employers to verify whether their employees were eligible to work. Mr. Morton said that 654 companies are currently being audited and that many more employers will be notified soon that they also will be under scrutiny by the government.

"You are going to see audits regularly and on a larger scale," Mr. Morton said during a two-day visit to southern California, his first since being appointed four months ago. "You will see the resuscitation of...civil fines."

More


Article by, Nick Fishman and courtesy of EmployeescreenIQ


I recently featured a video on our HR blog that told folks to "Teach Naked." Though, I still believe this to be true, after my stint at Washington Business Week last week and listening to "my kids'" reactions to the various guest speakers, it seems that having a little bit of something something (a la Quentin Tarantino when he guest starred on Alias) behind you isn't a bad idea. It all comes down to learning styles. I know myself to be a audio/visual learner so if someone wants me to truly get it, it's critical that I get to both see and hear the speaker and maybe even view some images or supporting visuals to really understand the message.

In general my group, who ranged in age from 15 to 19 years, seemed to appreciate the speakers who as a general rule did the following things.

  • Involved them in the discussion.
  • Asked / answered questions.
  • Had good supporting visuals.
  • Used video.
  • Told good stories.

Continue reading "Okay, so not totally naked " »


This is a great example of why to be honest on a job application. This individual is obviously being put between a rock and a hard place, but there are solutions. An employer is going to conduct an employment background investigation and this conviction will likely be found. It is very important for this individual to be open and honest about the past conviction do it does impair her ability to become employed.

When a Background Check Reveals a Misdemeanor

By TODDI GUTNER

Q: A close friend was laid off in January. She is an educated, smart, professional, high performer and team player who has climbed the corporate ladder. She has also been a battered wife for many years. In 1995, she had enough of the abuse and hit her husband with a briefcase. He decided to call the police on her and she now has a misdemeanor on her record. When she applies for an executive position and they do a background check, this "domestic assault" charge appears. Since it was her ex-husband, she cannot get it sealed or expunged. What advice do you have for her?

Candidates with unfortunate histories on their records are often anxious and defensive in interviews. But it's important to be upfront and honest about your record.

A. This is a legal issue as well as a career-transition issue. To that end, your friend may want to get some legal advice about how damaging and discoverable a misdemeanor is on someone's record. At the same time, "it is important that she separate out personal situation from her professional achievements," says Sheryl Spanier, a career coach and consultant. "She will want to create a compelling story about what she has accomplished and what she has to offer," says Ms. Spanier.

First she will have the initial interview process, then the reference and background check to address. Even before she gets to the interview process, she will need to think about and be prepared to handle questions about her background. Often, candidates who have unfortunate histories on their records, are anxious and defensive in interviews and obsess over the potential of being discovered, says Ms. Spanier.

For the most part, companies do background checks late in the job-hiring process when they have a finalist candidate. "She should be upfront and honest about her record and what happened but not until the time when a prospective employer asks to do the background check," says Jo Bennett, a partner with Battalia Winston International, an executive search firm. "At that stage, both the candidate and the employer are sincerely interested in each other and have built up a good level of rapport," she says.

While all candidates offer references to potential employers, your friend will want to "amass character and work references that counterbalance any concern an employer may have about her domestic assault record," says Ms. Spanier.


Article courtesy Jason Morris and EmployeescreenIQ


Hank Williams' song line 'one man's famine, is another man's feast' has proven to be true with the economy in a down spin diploma mills and websites providing fake credentials for references to degrees are seeing rapid growth. It is estimated that there are as many as 3,000 such firms worldwide and more than 700 of them are in the US.

While diploma mills have been around for years a new development has been the emergence of firms providing fake experience certificates and references. This first came to light last year from a report issued by KPMG India. KPMG report revealed the existence of 150-250 such firms, often masquerading as information technology (IT) companies. KPMG India's executive director Rohit Mahajan stated "There are some kind of set-ups that issue fraudulent experience certificates. We have identified almost 150 firms that are fictitious companies." "During our background verification process for clients over the past one year, we found 250 firms that fake experience letters, salary slips and relieving letters to candidates," added Abhay Aggarwal, chief executive of Integrity Verification Services Pvt. Ltd.

Jason Morris, CEO, EmployeeScreenIQ and Past President, NAPBS believes this is not a problem that is likely unique to India. He believes we see it there now because of the high concentration of BPO and Call Centers, but believes as other countries compete for this business we will see these fake experience providers show up there as well. Jason added, "It also is a business that desperation breeds because 'people have to work' so when there is a down turn or lack of opportunities people get creative in finding ways to get a job. When people are desperate they will take any means necessary to support themselves and their family." Jason was prophetic with his comments because with the many of the economies of the world struggling and unemployment souring people are desperate for jobs and making desperate decisions.

More


Article by, Jason Morris and courtesy of EmployeescreenIQ


We've gotten several questions about the rules around furloughs and other reductions in pay. The Department of Labor has issued a timely new guidance entitled Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues.

Here are the highlights . . .

  • If an employer is having trouble meeting payroll, does it still need to pay non-exempt employees on the regular payday?

Yes. Failure to do so violates the Fair Labor Standards Act (FLSA).

  • Is it legal for an employer to reduce the wages or hours of hourly employees?

Yes, as long as minimum wage and overtime laws are followed.

Continue reading "Furlough Facts" »


Want to avoid being a defendant in an EEOC lawsuit?

One of the easiest ways to find out what's on the EEOC's radar is to keep tabs on the lawsuits it's filing. Here's the latest, all from just the past week:

Accommodate Reasonable Religious Requests

Four Caribbean Rastafarian public safety officers asked for religious accommodation because their dreadlocks didn't fit under their hats as required by company policy. When the employer refused, the employees filed claims for religious and national origin discrimination.

In another case, the EEOC sued an employer for refusing to allow a hairstylist to take off Sundays, despite her request to do so based on "sincerely held religious beliefs."

The verdicts: $40,000 settlement in the dreadlocks case and $26,500 settlement in the stylist case, plus injunctive relief including revised policies and training in both cases.

The EEOC's take: "Employers are obligated to explore how they may accommodate employees' or applicants' religious beliefs. In addition to time off for religious services, this may also include accommodations such as allowing time and space for prayer during the workday or, as in this case, making adjustments to grooming and uniform policies."

Click here and here for more.

Don't Retaliate

An employer's only African-American manager complained about unfair treatment. The employer allegedly responded by retaliating against the employee, giving him an unfavorable performance evaluation, putting him on an overly burdensome performance plan and allowing him to be subjected to racial slurs.

In another case, the EEOC sued an employer for allegedly firing an employee in retaliation for her filing a sex discrimination charge.

The verdicts: $40,000 settlement plus equitable relief in the first case and $84,750 settlement in the second case. Click here and here for more.

Reasonably Accommodate Disabilities

The EEOC sued an employer for allegedly refusing to provide accommodations that would have allowed an employee diagnosed with Parkinson's disease to continue a successful sales career. The requested accommodations included moving the employee closer to his assistant to reduce walking and providing computer equipment to reduce writing. Instead of agreeing to the requests, the employer allegedly put the employee on a performance plan due to falling sales and then fired him before the 90-day improvement period expired.

The verdict: $65,000 settlement plus injunctive relief including revised policies and training for all employees. Click here for more.

Address Harassment Immediately

Seven female restaurant employees complained of sexual harassment by male co-workers. When the employer allegedly "did nothing to stop or prevent the abuse," the employees sued.

The verdict: $60,000 plus injunctive relief including revised policies and training for all employees. Click here for more.

Don't RIF Wrong

An employer allegedly terminated six African-American employees under the guise of a layoff and then immediately hired Hispanic employees to replace each of them. The EEOC sued for race and national origin discrimination.

The verdict: $44,700 plus injunctive relief. Click here for more.

Don't let this happen to you. In addition to monetary and injunctive relief, the negative PR resulting from media coverage of the EEOC's press releases can cripple a company.

Stay tuned for more valuable lessons from the EEOC.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Deciding whether to hire someone who has a past criminal record is not an easy process. Federal law prohibits employers from discriminating against those with criminal records. Conversely, one has to weigh the potential liability of having someone with a criminal conviction working at their company. For many HR professionals, it's a "damned if I do and damned if I don't" scenario.

The following article provides a nice description of how HR professionals can take the overall question of "Should I hire someone with a criminal record?", break it down and come to a decision they are comfortable with. But, as with any question regarding the type of information that can or should be used to deny employment, employers should consult with their legal department to ensure compliance with both state and federal law.

If job candidate has a criminal record, ask questions

By Victoria Stagg-Elliott, AMNews Staff - August 10, 2009

If you run a background check on a potential receptionist, and you learn he was convicted of marijuana possession many years ago, can you still hire him?

Or what about offering a job to an otherwise strong candidate who, in answer to the application question, "Have you ever been convicted of a crime?" writes, "Yes, drunken driving, six years ago."

Can you employ them? Should you? What are the risks if you do? What are the risks if you don't?

Considering hiring someone with a criminal background, no matter how minor, is tricky. On the one hand, anti-discrimination laws prevent you from instituting a ban on hiring anyone with a criminal record. On the other, you could open yourself up to a negligent hiring lawsuit if it is determined that you should have known someone was at increased risk of causing harm to patients or staff.

This question is becoming more important, because background checks are easier than ever, meaning that job applicants are more likely to have this type of information disclosed during the hiring process even if the conviction is far in the past.

Also, the percentage of people of the labor pool who answer "yes" to an application question about past convictions is growing. According to the U.S. Dept. of Justice's Bureau of Justice Statistics, in 2007 more than 7.3 million people, or 3.2% of adults, were on probation, in jail or in prison. The agency estimates that if trends continue, approximately one in every 15 people will serve time at some point in their lives.

"A physician has to be so careful," said Linda Stimmel, a founding partner in the Dallas-based law firm Stewart Stimmel. "But I would not have any kind of policy on the subject. I would handle every hire on a case-by-case basis."

So what should you do? Experts recommend asking these questions:

What was the offense? This is key, because a direct link between the crime and the work environment are strong grounds for not hiring someone. That's because an employer could be held liable for negligent hiring. Employing someone with a child molestation conviction in a pediatrician's office would be a clear example.

Most situations are not quite so clear-cut, but other questions may clarify the decision.

More


Article by, Natalie Beck and courtesy of EmployeescreenIQ


The New York Times recently published an interesting, albeit one-sided article on the use of employment credit checks. The article seems to slant towards demonizing employers' use of this background screening tool by highlighting cases where applicants have been denied employment.

There is another important side of the story. And that is the fact that when used properly, these checks allow employers a snapshot into an applicant's personal responsibility and to assess potential risks.

To be fair, a small part of the article addressed the other side and in my opinion began to create a compelling arguement for the use of credit reports.

Continue reading "Should Employers Use Credit Checks?" »


Nurse of the Year is a pretty impressive feather in the cap of a health care practitioner. That type of honor can make can place a nurse looking for a job in high demand. In the case of Betty Lichtenstein of Norwalk, CT, she claimed to have won the Connecticut Nurse's Association's "Nurse of The Year" award in 2008. It turns out Nurse Betty wasn't really a nurse, but she pretended to be one. Oh, and the Connecticut Nurse's Association doesn't exist. In the words of Homer Simpson, "DOH!"

Nurse Betty was hired on by a Connecticut doctor after committing resume fraud and had been treating his patients. Word to the doctor: You might think about ordering a background check next time including a professional license verification and past employment references.

'Nurse of the Year' Charged with Not Being A Nurse

NORWALK, Conn. - A Connecticut woman who authorities say spent more than $2,000 to stage a dinner honoring her as "Nurse of the Year" has been charged with pretending to be a nurse at a doctor's office. Betty Lichtenstein, 56, of Norwalk was charged Thursday.

Prosecutors say Dr. Gerald Weiss believed Lichtenstein was a registered nurse, especially after she was named the Connecticut Nursing Association's "Nurse of the Year" in 2008.

According to the arrest warrant, that association does not exist.

The state's Medicaid Fraud Control Unit began investigating after a patient complained about Lichtenstein.

She faces up to five years in prison if convicted of reckless endangerment and criminal impersonation charges.

Lichtenstein did not return a telephone message for comment.


Article by, Nick Fishman and courtesy of EmployeescreenIQ


In the words of Stanford economist Paul Romer, "a recession is a terrible thing to waste."

By any standard, the past year has proven itself to be challenging, both personally and professionally. But it's important to remember that out of challenge comes opportunity. In fact, just recently, a bank vice president in Washington, D.C., who specializes in small business banking solutions, commented that the number of customers who left or lost jobs and are now "finding their passion" through entrepreneurship and small business is significantly on the rise.

Whether you already are a business owner or leader, or whether the spirit of entrepreneurship is calling to you, there is no time like the present to take a strategic look at your company's business goals and, specifically, your employment and hiring needs. As the marketplace begins picking up steam again, as it surely will, you will want to give your hiring strategy a "tune up" to avoid potential pitfalls and position your company for maximum success to build your bench strength before your competitors do.

Continue reading "Growing Your Business Through Smart Hiring: This Five-Step "Hiring Tune-Up" Will Help You Stay One Step Ahead of Your Competition" »


The entry-level job market keeps getting tougher, primarily because there are more candidates who meet the qualifications for the entry-level jobs employers are posting, but employers can't allow themselves to be discouraged by the volume of applicants. There are ways to reduce the number of unqualified applicants that slip through the cracks with those who are qualified.

But attracting top talent is not only about finding someone who will be able to do the job and integrate well with the company culture, it's also about providing a work environment and compensation that are conducive to longevity.

There are two ways that employers can increase their odds of capturing the attention of the best candidates:

1. Understand and appreciate what employees value most. Recent studies have shown that, contrary to the popular belief among employers, salary is not at the top of the list of candidates' considerations when fielding job offers. Benefits like on-site day care, a good healthcare plan, tuition reimbursement and flex time are some of the benefits that rank higher than salary.

Job satisfaction also seems to be far more important to people than the size of their paychecks, so if a company markets itself and its proffered position in a way that convinces candidates that they will be happy with work they'll be doing, with the company culture and benefits as well, it is likely to attract more of the kind of candidates it desires.

2. Understand and appreciate what makes candidates withdraw from the hiring process "mid-stream."

Another survey, conducted by Integrity Search, Inc. in 1998, documented similar problems to the ones employers are having now and the resulting report offered the following advice.

  • "treat candidates like prospects instead of applicants
  • know what you're looking for and communicate expectations clearly.
  • make sure all interviewers are fully briefed on the position, expectations and salary range.
  • establish a strategy at the start, with clear-cut time frames and procedures, and ensure that everyone follows it.
  • don't let the process go on too long.
  • keep candidates informed about the status of the process."

Continue reading "How to Attract the Best Candidates to Your Job Opportunity" »


July 24 is the new "update your labor law posters" date. As of Friday, July 24, the federal minimum wage will increase to $7.25. I suspect that this increase will affect many of the seasonal employers who use CoolWorks.com so be sure that you know the laws and update your employees' pay accordingly.

Federal Minimum Wage - United States Department of Labor

State Minimum Wage - United States Department of Labor

Another hot topic in Washington is health care reform. Having worked in benefits and having seen first hand how expensive group coverage can be, I personally hope that those in Washington will find a way to help all of the uninsured and under-insured in this country. And, also for the sake of small businesses like CoolWorks.com, who generally are the first to return after a recession, make health care more affordable for them and their employees. We're all in this together. I would love to see a concerted effort by all Americans to take an honest look at their own health situation, and make their voices heard.

I'll get off my soap box now.


Article by,
Kari Quaas
, PHR, Director of West Coast Operations and Manager of On-Line Communities for CoolWorks.com, a job website focusing on seasonal jobs in great places like national parks, resorts, camps and ranches. Her experience as a seasonal employee, recruiter, and former HR Manager helps her to relate to both employers and job seekers to whom she provides guidance and support.


Here's my fourth post live from the Advanced Human Resource Executive Program at the University of Michigan's Ross School of Business.

Want to be a great HR person? Here are the top 10 things you should do right now, according to some of the world's top HR execs:

  1. Stay close to customers and key stakeholders
  2. Understand the business, industry and key competitors
  3. Challenge the status quo and drive change
  4. Design and apply the right metrics
  5. Drive, create and sustain culture
  6. Provide HR tools and systems for effective people management
  7. Focus on the company's wealth creators and key strategic positions
  8. Be accountable for overall workforce development
  9. Develop the company's strategic capabilities
  10. Reward the right behaviors

Continue reading "Want To Be a Great HR Person?" »


Employers have rights but age discrimination can get you into trouble if you are not careful. In the US, it is generally not legal to discriminate based on age. The lone exception is that it is OK to ask if a person is over the legal age to work, 18.
There are other cases like in states where you must be 21 to serve alcohol. In all these cases, you can only ask if there person meets the criteria of being able to prove that they meet the requirement. In other words you can't ask them their age.

Age Related Criteria

While age discrimination is illegal, there are sometimes reasons why a business would want to hire someone within a specific age range. One reason for example might be the cost of someone who has too much experience. You assume that a person who is older would have too much experience and would want too much money.

Continue reading "Age Discrimination" »


Our good friend Jon Hyman at the Ohio Law blog wrote the following post concerning the risk employers face by using LinkedIn. I bet this is one issue many didn't consider before posting a glowing recommendation. I wonder if employers will develop policies that preclude employees for using this functionality in the future as it can be interpreted as a de facto employment reference interview.

Is LinkedIn a Risk for Employers?

One of the more interesting features of LinkedIn is the ability to recommend your connections. In fact, LinkedIn will prod you to recommend others to further complete your profile. For example, my LinkedIn profile is 90% complete, and it tells me I can get to 95% if I recommend another person. Most successful professionals share two personality traits that will cause them to strive for that 100% goal - overachieving and type-A personalities.

Continue reading "Does LinkedIn Pose Risk to Employers?" »


It appears that HR 3149 was introduced yesterday and Referred to Committee. HR 3149 is a bill set to amend the Fair Credit Reporting Act (FCRA) to prohibit the use of consumer credit checks against prospective and current employees for the purposes of making adverse employment decisions. EmployeeScreenIQ and EmployeeScreen University have written about this topic many times in the past. As an industry, pre-employment credit reports are only suggested to be used when necessary and only for the responsibilities of that particular position. In fact, the EEOC and FCRA already have provisions that the adverse information can only be used if it fits within the scope of the job. Most background screening programs only impliment this type of check as part of a much broader search.

Section three of the bill provides some exceptions but does not take into account most of them. We suggest you spend some time reading this bill and write your congressperson to oppose it. We agree the intent of this bill is to get more people to work. However, as with most legislation, there are some unintended consequences. There must be provisions for positions that could be negatively effected by a person with a poor credit history. This 111th Congress has a horrible track record already for not even reading bills before voting. Reach out and make a difference, make them read it, make them amend it!


Article by, Jason Morris and courtesy of EmployeescreenIQ


In this economy, it is easy for employers to make the mistake of thinking that they don't need to spend money recruiting talent when they are already getting tons of applications without even asking. On the surface, this may seem like a great way to save money. But are you really? What exactly are you getting? And how much is it costing you behind the scenes? With so many people out of work, many are desperately trying to find a job and they are applying to positions even if they don't have the best qualifications for them.

This can hurt you in several ways. First of all, do you want your hiring managers spending all that time sifting through tons of resumes from unqualified or sort-of qualified candidates? And, if you hire someone who is not the most qualified, what about the cost of training him only to let him go when he doesn't work out? And, now you have to hire again!

Continue reading "Recruiting Doesn't Have to Stop Just Because We're in a Recession" »


Times are tough and a lot of people have lost their jobs, yet a lot more are still gainfully employed and feeling the stress of their companies' reduced workforces. Many articles focus on how to find and hire stellar employees, but what about retaining the top performers who are already there? A recent query that was sent out to our panel of experts asked just that. Here's how they responded:

Internship expert and career counselor, Penny Loretto believes employers should, "Develop a sense of employee loyalty by meeting employee needs and listening to their concerns; effectively communicate company plans, goals, & aspirations; show appreciation for employee efforts; continue to offer opportunities for professional development & growth; offer employees additional perks and incentives if finances are tight; whenever possible, involve employees in problem-solving and decision-making of the company; maintain a positive work environment where employees enjoy going to work."

Continue reading "Retain Your Best Employees By Letting Them Know They're Valued" »


The employee selection process is quite simple when one candidate stands out above the rest. What if this is not the case?

The best insurance against this is a documented impartial process for finding the right candidate. While it could be that using employee selection tools or testing but these are often geared to very large companies. Good employee selection starts with the main elements of the job description and the success factors. With the job parameters, responsibilities and skills/knowledge and abilities laid out, the interview assessment becomes much more straight forward. The next step is to define which elements are most important and rank or weight them accordingly. 3-4 from each section is sensible and do this before interviewing the candidates.

Continue reading "Employee Selection Process Made Easy" »


Training Doesn't Work

Supposedly, training is an excellent way to build skills and competencies as well as infuse new ideas or ways of thinking into a group. Yet productivity is down, people are complaining or filing grievances, absenteeism is up, errors are becoming all too common and the wrong people are leaving. (Yes, even in this economic climate, the best and brightest of our workforce are finding new jobs.)

The Problem

Most training fails to resolve the problem it is designated to address because it is based on the belief that if people are educated about a problem - i.e. spoken to enough! - the issue will go away. So, we pile people into a room somewhere, give them coffee and pastries - that is if there is any budget left this year! - and hire a trainer who shows an array of multi-colored PowerPoint slides and talks to them for a number of hours on a given skill-building topic.

We keep our fingers crossed that the coffee doesn't run out so the audience can stay awake through the presentation. When it is over we put a tick in the box for "problem solved" and move on to the next challenge.

Continue reading "Top 2 Reasons Training Doesn't Work and What You Can Do About It" »


The Supreme Court ruled 5-4 yesterday that white firefighters in New Haven, Connecticut were the victims of discrimination when they were denied promotions because of their race. Ricci v. DeStefano, No. 07-1428 (June 29, 2009).

The Court's decision reversed a controversial court of appeals decision endorsed by Supreme Court nominee Sonia Sotomayor. The ruling could change the way employers approach discrimination and could make it more difficult for plaintiffs to prevail without evidence of intentional discrimination.

The Ruling

The Court found that New Haven unlawfully threw out a promotion test when the city found that only two Hispanics and no African-Americans who passed were eligible for promotion. The city admitted that it did so out of fear of a "disparate impact" lawsuit from minority employees.

Twenty white firefighters sued, claiming that the decision was discriminatory. The Court agreed.

In the Court's majority opinion, Justice Anthony Kennedy emphasized the clear aim of Title VII: "No individual should face workplace discrimination based on race." He added: "Fear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions." The Court concluded that ruling otherwise would "encourage race-based action at the slightest hint of disparate impact."

Justice Kennedy stated that an employer needs a "strong basis in evidence" to believe it will face liability in a disparate impact suit. The Court found that the city lacked such evidence because the facts showed that:

  • the test was "job-related and consistent with business necessity";
  • the city "turned a blind eye to evidence that supported the test's validity";
  • the city failed to request validation of the test, even though it was available under the contract with the test's provider; and
  • the city failed to consider possible modifications to the test or other alternatives, such as assigning different weights to oral and written portions.

Dissent and Concurrence

In her dissent, Justice Ginsburg predicted that the ruling "will not have staying power." She said that "Firefighting is a profession in which the legacy of racial discrimination casts an especially long shadow" and asserted that the written portion of the test wasn't likely to predict which firefighters were more deserving of promotion.

In his concurring opinion, Justice Scalia seemed to predict that the ruling could be the beginning of the end for disparate impact cases, stating: "the war between disparate impact and equal protection will be waged sooner rather than later."

What Does This Mean for Employers?

Confusion, most likely. The Court didn't exactly give employers a bright-line standard. The old test was a "good-faith basis" for throwing out a test. The new one is a "strong basis of evidence." The most likely result? More litigation and more so-called "reverse discrimination" claims.

The Court's ruling will make it tougher for employers to change a selection process once it's in place. As such, employers have even more incentive to make the process -- and any tests in particular -- as valid, job-related and fair as possible up front.

Some employers will scrap tests altogether. Others will turn to outside experts to validate and/or conduct assessments to reduce potential liability.

What Does This Mean for Sotomayor?

With Sotomayor's confirmation hearings now less than two weeks away, conservative opponents are likely to point to the Supreme Court's reversal as additional evidence of politics-based judicial activism on her part. Sotomayor's backers will likely continue to assert that her position on the suit illustrates her judifical restraint and refusal to ignore precedent.

Stay tuned for more.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


How do you effectively communicate the message that your organization is current to the college students and recent grads you are hoping to recruit? The answer is simple: Offer them the option to text their interest in your opportunities to a cell phone text messaging short code! Is there anything today's students and recent grads do more than text? The answer, quite simply, is no. So, why not talk their language?

What exactly is a keyword and a short code? Do you remember how American Idol asked viewers to text the word VOTE to a four digit number? The word VOTE was their keyword and the four digit number was their short code.

Employers can use keyword advertising in pretty much the same way. You can provide a short keyword (very often only a couple of letters, like your company's initials) for them to text to a short code. A short keyword makes it less likely they will spell something wrong when texting their interest. For example, if your organization's name is Zigmore Pharmaceutical Testing, have them text " ZPT " as that will be a whole lot easier than having them text "Zigmore" or "Pharmaceutical" to your short code. Don't have your own short code? No problem. That's where we come in as we can and do work with you so that you can use our short code in your ad campaigns, whether they're TV, radio, newspaper, billboards, on-line, or any other kind of advertising.

Continue reading "Use Keywords to Speak The Language of Your Gen Y Candidates" »


I first came across this topic earlier today reading Sam Narisi's blog, HR Recruiting Alert. A brilliant piece that originated from an article in last months Wall Street Journal. Applicants are dumbing down their resumes so they don't look OVERQUALIFIED! In Narisi's piece, "The New Lie Applicants Are Telling." he states:

With jobs hard to come by, more and more applicants are lying on their resumes. But they're not the kind of lies you're used to.

As HR pros know, it's not out of the question for candidates to inflate their past job titles and duties, or add academic degrees that were never completed.

But these days, many out-of-work managers are looking for stop-gap jobs and are stretching the truth in a different way -- by "dumbing down" their credentials so they don't appear overqualified.

A lot of formerly high-up employees are willing to step a few rungs down the ladder just to get a steady paycheck. Often, that requires them to convince hiring managers they won't jump ship the moment the market improves and something better comes up.

Continue reading "The New Resume Lie: Look Dumber?" »


Almost nothing strikes fear in the hearts of mangers more than the prospect of having to fire someone. In fact, every time we conduct a poll to find out what topics our Blawg visitors want us to cover in greater depth, the #1 answer is always, always, always terminations.

Ask and you will receive. Click here to access the world's finest suite of termination tools. You'll find:

  • Top 10 Termination Mistakes
  • Termination Red Flags
  • Termination Green Flags
  • Pre-termination Planning Checklist
  • Termination Test
  • Termination Review Checklist
  • Termination Meeting Guide

No one likes to fire anyone. But if you follow these tools, you'll reduce your legal risk, ensure that you're making the right decision and -- most importantly -- treat your employees with the dignity and respect they deserve.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


The New Paradigm for Building the Candidate Pipeline

Traditionally, most companies start the talent acquisition process by opening a job requisition. Corporate recruiters and HR professionals work diligently with hiring managers to define job requisitions and post these openings to job boards as well as the company's own online career site.

With rising unemployment numbers, more job seekers are heading online to search for employment, but unfortunately candidates are hitting a dead end because of the drastic reduction in open jobs (requisitions) that are available on corporate Web sites, and without any alternative method besides applying for a particular job, both candidates and hiring companies are losing out on an opportunity during this recession. In fact, according to the most recent National Online Recruitment Audience Survey (NORAS) the number of online job seekers has risen 50% over the last 12 months. However, as the economy continues to falter, hiring at many organizations is increasingly selective and anticipatory, forcing a ground-breaking paradigm shift in building the candidate pipeline.

As any historian will tell you, it's only a matter of time until the economy begins to rebound and there will be a return in hiring. When the market comes back to life it might be too late for those companies that didn't use the down time to cultivate prospect relationships, as the noise in the recruiting market will reverberate loudly making it harder than ever to market specific jobs to matching prospects.

Continue reading "It's Time to Get Req-less" »


Many a times when there is an issue with an employee, people blame it on the employee and do not realize that their hiring process could be the root cause.

It has been demonstrated by research, that even the best interview techniques; only provide a 50-60% (or lower) chance of hiring the right person for the job, or a person who will perform all required tasks according to the standards required.

Not hiring the right/best person can have a number of drawbacks, such as:

  • Poor employee performance
  • A disgruntled employee
  • Unsettling influence on other staff
  • Higher turnover
  • Wasteful expenditure (e.g. training an employee who will leave soon)
  • And finally, lower performance and profit for the organization.

Continue reading "Is your hiring process helping or harming the organization? " »


Job recruiters locate candidates on behalf of the company who hires them. It is similar to military recruiters and college recruiters but they focus on the business world finding employees for clients. More to the point, the objective of a job recruiter is to find top candidates the company/client would not otherwise find or be able to contact.

Overview of the Service

If you are considering using a search firm, you will find there are any number of executive recruiters out there and it can be difficult to figure out who does what. Simply put recruiters or search firms can be broken down into two major categories and a number of subordinates. The two major categories are contingency and retained search firms. Some firms do both but their major focus is often one or the other.


Continue reading "Job Recruiters" »


Many a times when there is an issue with an employee, people blame it on the employee and do not realize that their hiring process could be the root cause.

It has been demonstrated by research, that even the best interview techniques; only provide a 50-60% (or lower) chance of hiring the right person for the job, or a person who will perform all required tasks according to the standards required.

Not hiring the right/best person can have a number of drawbacks, such as:

  • Poor employee performance
  • A disgruntled employee
  • Unsettling influence on other staff
  • Higher turnover
  • Wasteful expenditure (e.g. training an employee who will leave soon)
  • And finally, lower performance and profit for the organization.

Continue reading "Is your hiring process helping or harming the organization? " »


Up until recently it was nigh on impossible to do searches on the general public without finding a private detective and spending a fortune. Now that we have huge computer databases, this is now a whole lot simpler.

It's now possible, if you use the best websites, to run a number of serperate searches on no fee government websites to find criminal records stored against US passport holders. The problem with this way of working is that you are forced to kick of searches on a multitude of separate web urls and online databases to recover the data records that you are trying to obtain. The records is very often saved differently for each state making data retrieval a laborious process. I'm pleased to tell you that there is now a better solution at a lower cost. A number of large central databases have been set-up by US private businesses that will let you search though all US criminal records on a single website. This results in it being much simpler and much quicker to retrieve the data files that you are trying to find. For a low yearly cost of $40 you can have access to criminal records for all states in the US. All the records are retrieval using a single website which makes the task very easy.

Continue reading "How fast is it to search criminal records?" »


Hiring top performers from a competing organization derails when the new hire comes on board only to realize that he or she has no past in the eyes of the corporation.

Corporations have long sought out highly skilled, or "rock star" talent to join their ranks. By snagging top performers from a high profile competitor, management often satisfies its need to raid the troops from the current "gotta-have-it brand" within their industry sector.

During the course of my retainer with one of the largest franchise organizations in the world, I had the opportunity to see just what happens when brand name talent joins an organization that has not established a protocol for tapping in to the knowledge that such "rock star" employees bring to the table. At a meeting I facilitated with newly hired business consultants, the air was electric with ideas for improving individual productivity and unit performance. Suggestions were flying faster than they could be posted on flip charts. Training came alive that day, because it was based on shared knowledge and enthusiasm for new ways of achieving goals in the business.

Continue reading "Are You Hiring a Rock Star or a Turnover Statistic?" »


For most HR professionals, the Applicant Tracking System (ATS) is a necessary part of the recruiting process. There are currently well over 80 ATS's on the market today, each offering a variety of both general and niche services. With all of the diverse applications and trends, it may be difficult to stay current on new innovations within the industry, such as the adoption of Open Source software models. ATS companies have begun to offer free, customizable solutions to recruiters and hiring managers, making it one of the most attractive solutions for businesses.

The pricing models behind your traditional ATS can range from one-time license fees to software-as-a-service (SaaS), and most recently, free. Many users have grown weary about what free actually means, and have become savvy consumers of anything that presents itself as a "no-cost" solution. While a lot of SaaS model ATS's have many services that are free to use, to access all the functionality, you typically must pay for premium services.

Open source as a business model

Open source tools may be the closest reality to "free" services since, in order to use an Open GL license, the source code must be made available, at no cost, to the general public. That basically means that anyone can download the code and implement the solution without being charged. It also means that users can customize the application to meet their needs without the help of the original providers and developers of the software.

It may seem counter-intuitive for businesses or individuals to publish their work without any of the protections granted by a traditional copyright or patent, but the idea is simple: allow the public to drive innovation, adopt the standard, and grow the utility of the product. However, even though the source code is published, and the product is free to use with no limitations on feature-sets, it may not be in your interest to implement or customize the product yourself, depending on your resources. If this is case, many Open Source software publishers offer professional services, support, and hosting services.

Not your parents' ATS

Most likely, as a user, tester, or researcher of various ATS services, you have often wished for a specific functionality, integration, or module that could help you perform your job better and more efficiently. The real benefit of using an Open Source ATS versus a SaaS or licensed ATS is that your software is constantly evolving with consumer demand. Of course traditional ATS's spend a lot of time improving their products and working with user groups, but Open Source ATS's are not limited by what one particular company can implement, and instead are constantly worked on and improved through a vast, world-wide community of developers and professionals.

The benefit is that you can have access to modules, features, and services that are specific to your needs versus having to buy or license a homogenous service that is trying to be everything to everyone.


Article by, Dayna Racow and courtesy of Kenndy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


A Must-Have in the Electronic Age

An applicant tracking system (ATS) in the electronic age is a must have. With resumes coming in via mail, email, fax, carrier pigeon, (long story) you need a good resume management system to keep track without creating unmanageable stacks of paper.
A good system should accept the various forms of resumes and job inquiries. It should also allow for the capture of contact info along with notes on phone or email interactions. A top end system would also include specific job tracking and a direct web portal where job seekers can apply directly through your company web site.

Why Keep Resumes?

There are 3 very good reasons.

1. The first reason is to save you money. If you search for positions and find a number of candidates but only have 1 position to fill, it would be wise to keep the contact info and resumes of these candidates close by and easily searchable.

Continue reading "Applicant Tracking" »


Your recruitment strategy is the most important step in a company's quest to find top talent. Attracting top talent is how a company succeeds, in good times or bad...especially the bad times. So why do so many companies skip this critical step?

Typical Recruitment Strategy - The Perfect Bad Example

If your company is anything like the ones I have worked with in the past your strategy is something like the following;

The Job Description - Once an order to fill a position is authorized, the hiring manager is asked to write a job description. That hiring manager then appoints someone in the department to write the job description. Usually someone just pulls the last one written for the position and changes around a few words. It is often just a list of what qualifications and experience someone thinks needs to be included on a resume. Everyone is happy it is done and gives their blessing.

Continue reading "Recruitment Strategy" »


Stereotyped Statements As Discrimination Evidence.

Employment decisions based on stereotyping can be illegal.For example, comments suggesting that "women should be home with children instead of working", or that "Hispanics are lazy", or that "older workers can't adapt to change" -- can be used as proof in discrimination lawsuits and sometimes are.

I wrote recently about the case of Chadwick v. Wellpoint. In that case Laurie Chadwick, the mother of four -including a set of triplets -- was denied a promotion because she had "too much on her plate." It's an example of a fairly typical case in which we see gender stereotyping at play.

There was no evidence that Ms. Chadwick's family obligations were actually interfering with her work. Rather, her superiors simply assumed this would occur. The court in Chadwick v. Wellpoint stated: "the assumption that a woman will perform her job less well due to her presumed family obligations is a form of sex-stereotyping and ... adverse job actions on that basis constitute sex discrimination."

What we haven't seen much of -- in fact, haven't seen any of -- are cases in which evidence of gender stereotyping has been used to prove discrimination against a man - certainly not a man who has been accused of sexual harassment.

That's why the new case of Sassaman v. Gamache from the Second Circuit Court of Appeals is so interesting and important. Continue reading ...


Guest post by attorney Ellen Simon, who has been listed as one of The Best Lawyers in America for her landmark work representing individuals in precedent-setting cases. Ellen blogs at the Employee Rights Post.


george lenard.png Article courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Recently I invited Jonathan Herrick the VP of Sales from Sendouts in St. Louis, to deliver a program to my Clients. I've always admired the company culture of Sendouts and it's no coincidence that their sales have increased by 50% during the last two years. It's no coincidence that Southwest Airlines and Zappos are also flourishing. The success of all three organizations is rooted in their company culture.

How would you define your company culture? What are your core values? What does your company truly represent? Your Company Culture is your company's "way of life." Is it your DNA, it's what makes you unique? The companies I mention above have no problem attracting talent. They have all become a magnet for Top Talent because of their culture. When an employee goes to work for Zappos they are trained on the company culture and core values for five weeks! It's no surprise they are one of Fortune's Top 100 companies to work for and have a 99% retention rate! Who does that?

It was revealed in an AMA study that 70% of change initiatives fail because your culture rejects them. That one statistic is enough for anyone to realize the importance of this topic.

Jonathan shared five steps to building a dynamic culture:

  1. Know your culture
  2. Hire tough - Manage easy
  3. Communicate
  4. Rethink outside the box
  5. Four-Wheel Alignment

Continue reading "Does your Company Culture Attract Top Talent?" »


Writing an Appropriate "Dear John" Letter to an Unsuccessful Applicant

Back in 2006, we covered the topic of applicant rejection letters in a post linking to an article in Assessment Council News (Considerations in Rejecting Applicants, on p.4).

Since today's economy is resulting in more applications -- and thus more rejected job applicants -- we decided to give the topic another look.

With today's recession also bringing more employment lawsuits, your company's applicant rejection letters could be very costly if written in a way that could spark legal action. According to Business Management News' article Rejection letters under scrutiny:

Employee lawsuits typically spike during recessions, and this one seems to be no exception. A new government report says job discrimination claims filed with the EEOC climbed 26% in the past two years.

So let's look at a few tips for writing job applicant rejection letters that satisfy important business interests while keeping the company out of hot water.

Applicant Rejection Letters 101: An Opportunity to Build Goodwill

The first good advice about letters to rejected applicants is that you should always send them.

This might seem like common sense, but many businesses try to save money by cutting out this step -- and with the tons of resumes being received during the current recession, who could blame them?

However, businesses need the good will of every customer they can get -- and if you don't send a rejection letter to applicants, you may well alienate them and their families, discouraging them from doing business with you or from applying for another position to which they may be better suited.

Imagine people switching to your competitors or disparaging your company for every rejection letter you don't send and multiply that by the number of resumes you're receiving in response to each of your job postings, and you can begin to see the possible negative ripple effect that could occur.

Can your business afford to save postage at the expense of so many potential lost sales? Continue reading ...


george lenard.png Article by, Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Pinpointing the match takes the right kind of personality assessment

We've written previously about how personality testing provides valuable insights into some of the most important tasks for human resource management and evaluation: identifying new leaders, finding better ways to use the skills of the oldest and youngest generations of employees, and retaining the best existing talent. Yet not all personality testing is the same. Plainly speaking, the more an assessment measures, the more useful it is to predict workplace behavior and the greater the level of understanding it provides on how best to leverage the capabilities of each person.

Crucial factors

Extensive analysis of workplace situations strongly demonstrates that three distinct factors account for much of the variance in both job performance and job satisfaction:

  • Characteristics of the individual,
  • Characteristics of the situation, and
  • Interaction of the individual and the situation.

Assessments that account for all three factors in detail maximize the potential for predicting and understanding job performance and satisfaction - getting the right person in the right place. That means determining whether a given person's personality traits mesh with the requirements of the job that person has or might have. Job requirements go beyond hard skills and experience to include the ability to work with others or lead others productively and effectively, to exhibit and use certain behaviors, and more.

Continue reading "The Right Person for the Right Job" »


Another company is in the news because a former employee allegedly found it easier to take clients' money instead of investing it as promised.

Firm pays $2M for bad hire

Man accused of rape, embezzlement

http://www.bostonherald.com/business/general/view.bg?articleid=1174955

This employee allegedly had over $400,000 in debts before he was hired, a fact easily identified within seconds after running a credit report, which costs about the same as lunch at Applebee's.

And a more comprehensive background check, one that includes education and employment verifications, a criminal records search, a motor vehicle report plus a credit check? Roughly a single day's pay. If the new hire is a financial advisor handling millions of dollars of client assets, a background check probably costs the same as one hour of their salary.

We have seen more stories about embezzlement these days. My colleague blogged on another example just last week. It's saddening but not surprising to see companies get burned because they do not background checks. And while there is FAR more awareness of the need to conduct employment screening compared to 10 years ago, many organizations still have a ways to go in terms of reducing their risk and evaluating potential damage.

Consider this company. It's not only the out of pocket cost to investors this financial services firm has to contend with. There's the hidden expense as well. Current and potential investors who may leave track marks sprinting in the other direction. When all is said and done, this will cost far more than $2 million dollars. It's too bad so much money could have been saved by spending so little in advance.

Article by, Kevin Bachman and courtesy of EmployeescreenIQ


I just came across this release from Carnegie Mellon University entitled "When Is It Safe to Hire Someone With A Criminal Record". The study suggests that a person has been fully rehabilitated after a period of 5 years without any additional criminal records. By no means do I endorse this study. They might be right and they might be wrong. One thought though: just because a person hasn't been charged or convicted of a crime in five years doesn't mean that that they have not engaged in criminal activity. It simply means that if they did, they haven't yet been caught. What do you think?

The new study, which appears in the current issue of Criminology, estimates that after five years of staying clean an individual with a criminal record is of no greater risk of committing another crime than other individuals of the same age. The research comes at a time when President Barack Obama's crime agenda includes breaking down employment barriers for people who have a prior criminal record, but who have stayed clean since their earlier offense.

More


Article by, Nick Fishman and courtesy of EmployeescreenIQ


As noted in a previous article I wrote on Recruiting Trends on the use of social networking sites such as Facebook or MySpace for employment, recruiters and employees should exercise some caution before they simply assume that everything on the web is fair game. There are substantial issues yet to be resolved, such as the impact of information that may be discriminatory to use, privacy interests, protection of legal off-duty conduct, and authenticity and identity. This is an evolving area of law that is still waiting for lawsuits to wind their ways through courts resulting in published judicial opinions. A federal court opinion that appears to be the first published decision that deals with the issue of utilizing a social networking page to deny a consumer an opportunity was rendered by the United States District Court for the Eastern District of Pennsylvania on December 3, 2008. Although this decision involved issues surrounding the awarding of a degree and does not deal with private employers, the case may contain important lessons for employers and recruiters.

In that case, a would be teacher named Stacy Snyder sued administrators from Millersville University alleger that her freedom of speech was violated because material on her MySpace page was viewed, with the eventual result that Snyder was not able to complete a student teaching requirement and therefore did not receive an educational degree needed for a teaching certificate in Pennsylvania.


Continue reading "Stacy the "Drunken Pirate" - a Federal Court Case in the MySpace Age" »


In today's struggling economy many corporations are cutting training budgets. A heightened trend is being observed in which companies are utilizing automated skill diagnostics and employee assessments to continue employee development efforts during difficult economic times, according to research conducted by SkillMeasure LLC.

"These diagnostics measure specific skill sets, and spell out clearly what employees need to do to improve their performance," says Harry Dunklin, Managing Partner of SkillMeasure.

Employees use the assessment results to create a self-paced development plan that takes advantage of available educational resources and materials, often at no additional costs. Follow-on internal coaching cements learning and fosters ongoing progress. It's an effective, yet inexpensive employee development and performance appraisal strategy that quickly pays for itself, and generates significant performance improvement claims the firm.

"More and more client companies are coming on board. They get the diagnostics model. They're taking advantage of technology to engage a larger segment of their workforce, and they're already seeing the positive impact on their training ROI," says Dunklin.


Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


An evolving workplace trend - the move to location-independent workplaces - is revealed in a new report on workplace trends by Citrix Online, a division of Citrix Systems, Inc., provider of virtualization, networking and software as a service technology. The report, Worldwide Workplace: The Web Commuting Imperative, explores how this trend is projected to change the ways in which people live and work, and how it will lead to online access and collaboration technologies enabling full performance without the constraints of location.

The findings illustrate the paradox between what businesses and workers perceive to be important to success and the realities of the workplace. The report compares and contrasts attitudes of workers and owners of small businesses in the United States, the UK and Australia.

Continue reading "Workers Trade Pay Cuts for Remote Workplace Options" »


One of the critical challenges for organizations today is building a deeper reservoir of successors at every level, according to Bersin & Associates report, Enterprise Learning, Recruiting and Talent. In today's market, companies who are still hiring are "hiring up," meaning they are trading up for talent that might otherwise have been unattainable. When attempting to attract, identify, and retain this outstanding talent, organizations must remain highly focused on the knowledge, skills, abilities, and "fit" of candidates (i.e., hire and retain capable, committed, and aligned talent).

More than any other measurable asset--including actual performance metrics--the initial measurement (i.e., as a result of recruitment and selection tools) and on-going diagnosis (i.e., assessments and engagement surveys) of candidate and incumbent capability, commitment and alignment are the strongest "leading indicators" an organization has at its disposal for predicting operating results.

Continue reading "Recruiting Capable, Committed and Aligned Talent...Today" »


In our most recent Question of the Week, we asked you to identify your #1 employment law headache. Your top answer? Medical leave.

We're here to help. Last week, we updated you here on all the recent FMLA changes. Now, here's a handy summary of recent changes to the ADA via the ADA Amendments Act (ADAAA):

What is the ADAAA?

The ADAAA overturned several U.S. Supreme Court decisions that the bill's sponsors felt too narrowly interpreted the ADA. The Act was the result of a bipartisan effort that included various prominent business groups, including the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce.

What Did the ADAAA Change?

Here are the highlights:

  • Mitigating measures. One of the biggest changes was the rejection of Supreme Court cases requiring "mitigating measures" to be taken into account in determining whether an individual has a disability. Under the ADAAA, technology, equipment, devices and other similar aids would no longer be part of the equation. Notable exceptions: glasses and contact lenses could still be considered.
  • Remission. A condition that is in remission or episodic qualifies as a disability if it would substantially limit a major life activity when active.
  • "Substantially Limits" Loosened. The ADAAA loosened the definition of "substantially limits" by rejecting a Supreme Court ruling that the phrase should be considered a "demanding standard" and EEOC guidance that it should be defined as "significantly restricted."
  • "Major Life Activities" Expanded. The ADAAA provides specific examples of "major life activities," including "major bodily functions" such as "immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions."
  • "Regarded As" Narrowed. The ADAAA excludes from "regarded as" claims minor/transitory conditions lasting six months or less.

Yikes. I'm Confused. Whom Should I Call?

When it comes to ADA issues (especially accommodations), your first call should always, always, always be to the Job Accommodation Network (JAN). JAN is a FREE service that helps employers address disability-related issues proactively and reasonably. Click here to visit JAN's official site.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


"Companies recognize that if the Employee Free Choice Act passes it will have an impact on their business, but few are being proactive and strategically preparing for the increased labor costs," says Richard Fine, a senior consultant at Hay Group who recently published a survey of companies on the Employee Free Choice Act. "Instead, we're seeing companies take a wait-and-see approach. It's as if they see the rain coming, but aren't getting out their umbrella."

Corporate Pro-action: EFCA

While the majority of respondents are not projecting labor costs, most (64%) are already taking some actions regarding EFCA.

  • 64% of those taking action are planning, considering adding, or increasing supervisor management and training programs
  • 47% are planning or considering improvements to unit climate and engagement
Source: Hay Group

"Ultimately, whether or not an organization becomes unionized comes down to management," added Fine. "The most effective way to avoid organized labor is to create and sustain a strong employee value proposition, embodied by trust, open communication and employee engagement. Employers should be taking the time now to ensure their employees are engaged to avoid a dramatic increase in labor costs later."

Other key survey findings from Hay Group's Employee Free Choice Act Survey

  • More than 80% of respondents said executives at their organization are concerned about EFCA.
  • Approximately 90% of respondents indicated the amount of HR time and resources spent on union avoidance would increase if EFCA passes.
  • Of those, half thought HR time and resources spent on union avoidance would increase by 10-24%.
  • Nearly 35% of respondents expect EFCA to increase employee pay at their organization.
  • Approximately 16% of respondents indicated that they have projected the costs associated with a union joining their organization. The majority of those respondents believe total labor costs will increase by more than 10%, and many believe it will increase by more than 25%.
  • More than 70% of respondents rated their current work climate with hourly employees as positive or very positive.
  • However, only 35% of respondents administer employee opinion surveys to address union avoidance and vulnerability.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


I think everyone in the world probably knows what TMI is, but for those not fluent in the short message acronyms, TMI is "Too Much Information." Essentially, it is about certain individuals' propensity to share too much information about themselves or any topic under the sun. Typically, when one hears too much information the reaction is to cringe and/or experience general malaise at why so much was shared. TMI happens too much.

Why is this on my brain today? Well, often and particularly now that the summer working season is about to begin, the number of times that members of our social network bring up drug testing and smoking weed increases. For the record, I'm no fool, I know that lots of people in the seasonal world imbibe, BUT, my work experience is in HR and safety management and I've got a low level, if not zero level, of tolerance for idiots those who violate health, safety and DOT policies. I've administered drug and alcohol testing programs for the DOT (bus drivers) and I've heard every excuse in the book for why someone failed a drug test. "I swear, I wasn't smoking. I was at a party and everyone else was smoking. Not me." "Dude, I use hemp oil in my cooking." Well, I have not heard all of them, but enough to know that generally people will lie about their use because they just are mad that they got caught. I've also been involved in performance / discipline events with employees who simply made bad choices. There are good reasons the rules exist and certainly if I am in a role to enforce them, then that's what I do.

Continue reading "TMI " »


Social networks are here to stay. Right now Facebook says they have 110 million users worldwide. It can be a valuable insight into a person's life and character. On the other hand, it should be used within the context of legal hiring practices.

What are Social Networks?

Facebook and Myspace are examples of the phenomenon of people networking over the internet. Essentially people are given a personal web site where they interact, socialize and network within communities. Communities can organize socially, geographically, by workplace or any other number of ways people can interconnect. It is done by making a post to their web site in the form of pictures, words, videos etc.

How Can They Help?

The simple answer is to search for the person you are about to hire and see what it says! Actually it is not that simple. Users can make their profiles public or private. If a person makes their profile private you need to request to be added to their network. As a potential employer it is unlikely that would be appropriate so what you are left with is the public profiles.

Continue reading "Social Networks: Tools for PreEmployment Screening" »


First and foremost, companies need to understand that HR is an exercise in sales and marketing. At least the component of HR related to recruiting. It's very difficult to recruit top talent without tackling the problem from a sales and marketing perspective. Luckily, we can look towards sales and marketing experts for help, and we can understand how great companies market and sell their products and services and how that translates to recruitment.

The second key point is that recruitment marketing is more than just advertising on job boards. Advertising is only one component of marketing. There are many others.

Finally, we can look at numerous examples of big companies that do focus on recruitment marketing - experimenting with different initiatives, technology and strategies. Deloitte created a very popular Facebook page. Sodexho has a well-known corporate HR blog (http://sodexocareers.blogspot.com/). Intel has a vast library of employee videos and a content-rich career site (http://www.intel.com/jobs/index.htm).

Big companies are investing in their recruitment marketing initiatives.

Continue reading "Recruitment Marketing: Not Just for Fortune 500s" »


Hiring Manager Alert: If you have a problem with candidates taking other positions during your interview and hiring process, it's likely that you've gotten your candidates from job boards, newspaper ads, and so on...which means that it's also likely that you've contacted them late in the job search cycle.

To avoid this problem, the solution is simple: work with a recruiter. A recruiter prescreens candidates for you, eliminating the waste of your time and productivity on a candidate who ultimately won't be available.

Continue reading "Are Your Job Candidates Taking Other Offers Before You Get Through Your Hiring Process?" »


Building talent communities now, delivers a competitive advantage later

Why should organizations pay attention to their recruiting strategy now when many are faced with hiring freezes, reduced HR budgets and other challenges as a result of the turbulent economy? Because what they do today will determine their success in the future.

When the economy starts to rebound, organizations will begin to hire again and those that have planned for their future talent needs will gain a significant competitive advantage. By having a recruiting strategy that focuses on building talent communities - organized groups of people with the right skills and attributes that can be placed in the right position quickly- they will have access to higher quality candidates when and where they need them. However, with an eye on the future, one thing everyone should be asking themselves is how can we do this better?


Continue reading "Are You Thinking About Your Recruiting Strategy?" »


The legendary H-1 lottery deadline is fast approaching and candidates are scrambling for job offers and immigration lawyers. With less than two weeks to go, people are rushing to get their cases prepared in time for April 1st, 2009, the day of the H-1 lottery for Fiscal Year (FY) 2010: winners of the lottery will be able to work as of October 1st, 2009. The US immigration system is composed of visas and Green Cards: one of the best known is the H-1 visa, also called the H-1B visa and is for people with a 4-year degree or equivalent. There are 65,000 H-1 visas available for issuance annually; in FY 2001 through 2003, that number was 195,000. Excluded from the count are people who work at universities and non-profit organizations. Of the 65,000 H-1 visas, 1400 are reserved for Chilean nationals, and 5400 are reserved for nationals of Singapore. Renewals are not counted against the cap. The H-1B visa requires a Specialty Occupation, defined as a field requiring theoretical or technical expertise in a specialized field. The only exception to the rule is that it also allows for fashion models.

In the past, people could apply on or after the first of April, and there was no rush past a couple of months. Recently, however, the first day of April has caused such a rush of applications that the annual quota is exceeded on the first day of applications. The H-1 visa is one of the few visas that allows for dual intent and people with this visa may apply for a Green Card while being on this visa.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


A recent survey by recruitment software company Standout Jobs and HRMorning.com reveals that 43% of the companies polled are pulling their spending from Internet job boards and re-directing those resources to better showcase their brand to potential employment candidates.

The shift away from job boards is a response to current market conditions, which have made more high-value candidates available to companies looking to capitalize on the market's turnaround with strategic hires, reveals the survey. And while the current market remains grim, optimism still dictates many of the respondents' near term hiring plans, with more than 30% planning to increase hiring during the second and third quarter of 2009: adding the fourth quarter raises that number to 41%.

Continue reading "Recruiters Placing More Emphasis on Corporate Branding" »


Barry Nixon, Executive Director of the National Institute for Prevention of Workplace Violence, Inc. was kind enough to author a guest article for employeescreen University on how employers can assess their risk to workplace violence. Of course, employment background checks can help on the front end, but check out Barry's advice and how employers can take steps to evaluate their workplace and prevent such incidents.

Workplace Violence Prevention: Assessing the Risk to Your Business

Continue reading "Assessing the Risk of Workplace Violence to Your Business" »


Nick wrote about a similar topic earlier this week! In Nick's posting he references an Ohio "hold harmless" law that allows employers to give thorough references on past employees.

I recently found this posting on HR Recruiting Alert that lends the same message. In it the author sites the case 'Luttmann V. Tiffany and Co.'

What should companies say when they get reference calls about a former employee who was fired for misconduct? Here's some help from a recent court ruling.

An employee's boss caught him tampering with the company payroll system to lower his federal tax withholding. His actions were against company policy, and he was fired.

Continue reading "It's Always OK To Tell The Truth!" »


On Tuesday, March 10th, the highly controversial Employee Free Choice Act (EFCA) was introduced in both the US Senate and House of Representatives. The bill (H.R. 1409, S. 560), which is sponsored by House Education and Labor Committee Chair Rep. George Miller (D-California) and Senator Tom Harkin (D-Iowa), would amend federal labor laws in several critical areas, significantly impacting how employers address union organizing activity.

As has been reported widely in the media, EFCA allows unions to become employees' bargaining representatives on the basis of a "card check" process, thereby depriving employees of the right they presently have to vote in secret-ballot elections. A lesser-known, but equally important, provision of the bill mandates arbitration of initial collective bargaining agreements when the parties cannot come to agreement on their own. EFCA also provides triple back pay to employees who are the victims of employer unfair labor practices ("ULP's") during an organizing campaign or in the period leading up to a first contract, allows for civil fines upon employers of up to $20,000 per violation for willful and repeated ULP's committed during the same time period, and enhances the ability of the National Labor Relations Board to obtain injunctions in federal court against employers with respect to organizing campaigns or initial contract negotiations.

Continue reading "Employee Free Choice Act (EFCA) Introduced in Congress" »


The Employee Free Choice Act (EFCA) has now officially been introduced in Congress (S. 560 and H.R. 1409).

To review, EFCA has four main components:

  • effectively eliminating the secret ballot in union elections;
  • speeding up the election process;
  • imposing binding arbitration if an agreement isn't reached within 120 days; and
  • expanding penalties for employer violations.

Where can I find more on EFCA? For all the info you could ever want on this topic -- including more detailed descriptions, analyses from both the union and employer perspective as well as the odds it'll ever pass -- just type "EFCA" in the SEARCH box above and you'll get a slew of posts.

What should employers do now? As discussed in my post this morning, the #1 thing employers can do to prevent getting a union is to treat employees consistently and fairly and with dignity and respect. In addition, employers should:

  • assess potential impacts of EFCA on your company -- specifically, whether any employee groups are particularly vulnerable to a union organizing effort;
  • educate management on EFCA's main provisions and what they mean; and
  • educate employees that signing a union authorization card -- even without EFCA -- could do away with their right to vote.

Don't expect a resolution anytime soon. The congressional debate on EFCA could last months and compromises are likely to be proposed.

Stay tuned for more.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


The most recent "American Workplace Insights" survey from Adecco Group North America gives great insight into the state of mind of America's workforce.

  • The stresses and strains of the current economic situation have caused many Americans to consider unethical conduct on the job.
  • In addition, a staggering number of Americans report that the recession has caused a negative impact on their mental health.

This Friday's jobs report numbers will draw our attention to the unemployed, but what are the effects of a steady stream of bad news on those of us with jobs?

Mental Health Impact

The recession has caused many Americans to develop unseen illnesses.

1 in 5 employed people report that the recession has had a negative impact on their mental health.

  • This can have a huge negative impact on morale and productivity at work.
  • Coworkers' emotional suffering is "contagious."
  • Employees working while mentally "absent" are often unproductive and may pose a safety threat.
  • People often "self-medicate" in response to stress and depression, so increased drug and alcohol abuse among your workforce is a significant possibility.

So this is no time to cut back on your Employee Assistance Program (EAP)! Continue reading ...


george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Millennials can answer the talent crisis - and personality testing will help

As we enter 2009, one of the most frequently repeated cliches is that the recent stock market misery will force Baby Boomers to postpone their retirements - or perhaps will keep them from even being able to retire at all. This is a short-sighted reaction to recent events, and ignores the long-term demands both of business strategy and of demographics. Whether because of job mobility or simply the ongoing need for innovative thinking, smart companies will always seek to identify, train, develop and retain new management talent as business needs and economic trends dictate. That will be inseparable from the inevitable retirement of Baby Boomers, whose 80 million-strong presence in the workforce cannot forever remain an immovable object - not with the equally large number of Millennial generation workers in their 20s ready and eager to assume job responsibility.

Every company thus will need to identify where leadership and talent gaps are likely to occur through active promotion, retirement of current managers and normal attrition. The company should then plan a strategy to develop talent internally, or source it externally, or both. According to a 2008 study sponsored by Birkman International and Stanton Chase, only 18% of U.S. companies have a talent acquisition plan in place, with 31% saying they've planned but have not implemented one, while 51% have done neither. That must change if companies are to avoid a future managerial crisis.

Continue reading "Baby Boomers Are NOT Immortal" »


The EEOC will publish proposed regulations on the Genetic Information Nondiscrimination Act (GINA) in the next few days.

GINA was signed into law on May 21, 2008. It imposes strict confidentiality requirements and prohibits employers from taking adverse employment action based on genetic information. Click here for a detailed summary of the law.

The EEOC is required to implement regulations by May 21 and key provisions will go into effect November 21. Here's a sneak preview of what to expect from the new regulations, based on advance copies provided by the EEOC. The regulations:

  • specify that drug and alcohol tests aren't "genetic tests" covered by GINA;
  • define "employee" to include current employees as well as former employees and applicants;
  • address exceptions in which employers may be allowed to obtain genetic information in limited circumstances (e.g., FMLA disclosures); and
  • specifically prohibit any form of retaliation against a person who opposes acts unlawful under GINA.

Once the regulations are officially published, a 60-day comment period will begin. Among other things, the EEOC is inviting comments on the proper scope of the "genetic testing" definition.

To comment, visit the EEOC's official e-Rulemaking portal here.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Hi All,

In President Obama's address last Tuesday to a joint session of Congress, he spent a significant amount of time discussing how US citizens, predominately Millennials-Gen Y, need to get an education past high school. Considering the US is facing a labor shortage of 35 million skilled and educated workers over the next 30 years (based on a combination of lower birth rates, mass Boomer retirement, and students not going to college or finishing), this is certainly something that needs to happen. But can it?

Unfortunately, the current trends show that half of the students who go to college actually graduate. And 75% of the fastest growing careers require a college degree. So something does need to happen to increase the number of college graduates the US cranks out in order for our country to remain competitive globally, and for US companies to sustain and achieve growth.

Here's one stat for a reality check: According to the US Bureau of Labor Statistics, by 2010, US corporations and small and medium-sized businesses (SMB's) will be short 10 million workers. That's the first wave of the 35 million I mentioned above, so the shortage is already HERE.

Continue reading "Can Obama's Call for Getting a College Education Fix the Massive US Labor Shortage of Educated Workers? " »


One fine day Americans are going to wake up to find that Congress and the President have enacted transformational changes to our immigration laws. Landmark legislation will pass that ensures both the security of our borders and our economic competitiveness. Those who deserve to live and work in the United States will be allowed to do so, and those who do not will be excluded. And all this will be done without building an ugly wall between us and our neighbors to the north or south.

In my dreams.

In reality, things are likely to be a little more complicated and a little less tidy. That's the way immigration law works. Because it applies to millions of people in all their varieties and circumstances, immigration law rarely is as fair or as efficient as those affected by it would like it to be, a fact to which many recruiters can attest.

Consider two big immigration changes that are pending, one of which will affect virtually every employer in the United States. Despite the impact these developments are likely to have both have flown beneath the public's radar.


Continue reading "Big Immigration Changes Fly under the Radar" »


The global economy has gotten so bad that Japan and some countries in Europe have tried to save jobs by implementing "work-sharing" programs. Here in the U.S., employers are equally concerned with keeping employees on staff, while still cutting costs. Their response is to implement furloughs. Furloughs are unpaid days off and Dr. John Sullivan, in his article for ERE, Employee Furloughs Can Be a Bad Alternative to Layoffs, clearly disagrees with this solution.

According to Sullivan, furloughs are used instead of layoffs by companies that "lack the courage to look employees in the eye and terminate them." He goes on to list the many ways that furloughs can ultimately do more harm than good.

Continue reading "Furloughs Only Work for the Military" »


I have participated in quite a few training programs over the years. I have been fortunate enough not to have any that I found disappointing. Not everyone is so lucky. Starting on a new entry level job is always scary, and training classes can be stressful, especially when they're poorly managed. Maneeza Aminy, client support manager of training for Advent Software, in her article, Your Top 10 Training Mistakes, says that often the culprit in disappointing training programs is none other than the trainer himself.

Aminy lists the primary reasons many training programs fall short of the intended mark from the lowest to the highest - a la David Letterman.

10. If I can't hear you, I will stop listening.
9. Don't set the expectation of failure. In other words, don't walk in the door making excuses if you know you'll be teaching under less than ideal conditions. "If things are not going great, but you're doing great with what you have, that speaks very loudly," Aminy says.
8. Who is in charge? YOU are! There's usually at least one person in every training class who tries to steal the show. A strong, confident trainer will know how to nip this in the bud in a way that earns the respect and cooperation of the entire class.

Continue reading "Top 10 Training Don'ts From Someone Who Knows" »


New FMLA Regulations Took Effect January 16, 2009, Significantly Impacting FMLA Law
On November 17, 2008, the US Department of Labor issued long-awaited updated regulations governing the Family and Medical Leave Act (FMLA), effective January 16, 2009.

The Department said the amended regulations would "help workers and their employers better understand their rights and responsibilities, and speed the implementation of a new law that expands FMLA coverage for military family members."

But, as Steve Bruce of BLR states, "the new rules are neither simple nor succinct: The preamble alone is 556 pages, and the final regulations are just under 200 pages."

We listed key proposed changes to the FMLA regulations in a post back in March. For the most part, it appears the final regulations embody the key changes proposed, as summarized in that post.

DOL Explanation of Changes in Employer Notice and Leave Designation Obligations Under New FMLA Regulations

According to the Department of Labor:

The final rule consolidates all employer notice requirements into a "one-stop" section of the regulations to clear up some conflicting provisions and time periods.

Further, the final rule clarifies and strengthens the employer notice requirements to employees in order that employers will better inform employees about their FMLA rights and obligations, and allow for a smoother exchange of information between employers and employees. Continue reading about FMLA ...


george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Many would argue that for every rule, there are exceptions. We are willing to concede that this is one of those, if only for the safety and security of government agencies and the lives of their employees. But as it stands, we still believe that the use of social networking sites to determine whether or not an individual should be hired is a big no-no for the majority of businesses. Unless having an online profile represents a security issue (as is the case here), employers should refrain from using sites like Facebook and MySpace as a hiring tool.

Social networking websites make recruiting spies difficult

By Ken Munro, SC Magazine - February 3, 2009

A social networking world makes it harder for the intelligence services to recruit a spy without a profile.

Imagine the scene. James Bond enters the HQ of a criminal mastermind intent on world destruction. Waiting for him are a host of henchpersons, all armed to the teeth.

"We've been expecting you, Mr Bond," says the evil Blofeld, stroking his white Persian cat. "We saw your Twitter update."

The UK's universities are a prime recruiting ground for our intelligence services. Clever, well-versed students apparently make excellent espionage agents.

Herein lies the problem: if you're planning on having a second identity for undercover work, it doesn't help if your photos, friends and real name are splattered all over various social networking sites. Try finding a student at a university who hasn't done just that.

The UK's intelligence agencies are worried. From schoolchildren on Bebo, through Facebook-obsessed young professionals, to well-networked CEOs on LinkedIn, having an online presence is a must in this day and age. But with the explosion of social networking sites, it has become virtually impossible to find recruits who don't have some sort of an online trail.

More


Article by, Natalie Beck and courtesy of EmployeescreenIQ


Trish Bertuzzi's recent post, Interviewing Inside Sales Reps: 5 Rules, has a few points that I agree with, and some that I don't. I agree with her that hiring mistakes can be costly (which is why you should use a recruiter), and I also agree that it is helpful to determine those key characteristics that make for a successful medical sales rep, and then hire accordingly. (I even wrote a post on that very subject.)Her 5 Rules (and my two cents):

1) Always do your first interview over the phone. I agree - that way you can jump off as soon as you know that they are a "no". No obligatory hour interview. I know candidates won't like to hear this, but sometimes it is just not a fit.

2) Hire someone who has the experience to sell what you sell. Not always. There are amazing reps out there that have not sold your particular product or even used your selling system, but who would still be a great addition to your team and to your numbers. I have placed many candidates with sales experience, but no experience in medical sales, into a wide variety of medical sales positions: laboratory sales, medical equipment sales, pharmaceutical sales, and many other areas of healthcare sales. They've been very successful.

3) Have a well-defined interview process. This is great - need to see more of this.

4) Ask the candidate to send you an e-mail recapping their impressions of your interview process. Interesting. I have had clients use other tests in the process to evaluate it- I guess this is the same.

5) Ask for last year's W2. I think that asking for the W2 for last year seems out of line. For some reason, this seems like an encroachment on privacy to me. Does anyone know of a company that does this? Any opinions? Known facts about this?

Article by, the medicalsales recruiter


Article courtesy of the Recruiting Blogswap, a content exchange service sponsored by CollegeRecruiter.com, a leading site for college students looking for internships and recent graduates seeking entry-level jobs and other career opportunities.


Corporate recruiting departments have been working with staffing agencies since the first employment agency in the United States, Engineering Agency, was founded in 1893. Although working with staffing agencies is expensive, until recently there have been few other ways for companies to supplement their internal recruiting capabilities.

A single corporate recruiter may handle up to 60 simultaneous job openings. It simply is not possible to conduct quality searches for this many positions. Many corporate recruiters also have human resources responsibilities, which make it even more difficult to find the time to recruit for so many openings. Therefore, companies turn to staffing agencies to ensure critical openings get filled.

In the last three or four years, progressive companies have discovered a better alternative: Working with an offshore recruiting partner can increase recruiting productivity by 30 to 50 percent while lowering staffing agency costs by up to 80 percent.

Sound too good to be true? While these types of results are certainly possible, they are not always achieved. The quality of many offshore recruiting firms is inconsistent and some firms are less than totally reputable. So selecting the right partner is critical.

The concept
Many of the tasks involved with recruiting mid to fairly senior ($50,000 to $130,000) information technology, finance, and accounting professionals are not done face-to-face. Recruiters often identify candidates through Internet-based sourcing and then communicate with the candidate using the phone and e-mail. These "back-office" activities can be performed equally effectively from a lower cost center--offshore. The majority of offshore recruiting firms are located in India, but some offshore recruiting firms can be found in other Asian, Eastern European and Latin American countries.

Offshore recruiting services
Offshore recruiting firms provide a range of services. Full lifecycle recruiting allows corporate recruiting departments to outsource recruiting functions that do not require in-person interactions. Tasks can include sourcing, candidate interviewing and qualification, negotiating pay rates, administering online tests and conducting background and reference checks.

Internet-based sourcing and/or candidate screening services are simpler than full lifecycle recruiting, yet can free up to 50 percent of corporate recruiters' time. The offshore sourcers and recruiters work as "assistants" to the corporate recruiters and typically provide support for the most critical and time sensitive job openings. The offshore team performs the time-consuming tasks and leaves the highest-value, highest-touch tasks to the corporate in-house recruiters. As a result, corporate recruiters can close up to 50 percent more job openings, focus on complex tasks requiring the greatest skill, provide a more positive experience for candidates, and delight their hiring managers through presenting higher quality candidates.

What to look for in an offshore recruiting partner
Selecting an offshore recruiting partner can be confusing. The "sales pitches" of many firms sound suspiciously similar. Oftentimes, these "me too" firms end up competing almost solely on price. This can be dangerous because at a certain price point, it becomes impossible to provide quality sourcing and recruiting services without significantly cutting corners--or worse.

Recruiting is not a commodity business. It would be foolish to hire an internal recruiter based solely on the cost of the recruiter and with no regard to the recruiter's capabilities and experience. The same is true when hiring an offshore recruiting firm.

The checklist below outlines thing to look for when selecting an offshore recruiting firm. With careful due diligence in selecting a partner, the promise of offshore recruiting is likely to be realized.

Challenge: Recruiters who are not trained

Solution: Offshore recruiting firms work on low margins and some cannot afford to hire experience recruiters or provide training. Insist on the offshore firm providing bios of the recruiters on your offshore team. Verify that the recruiters have received training and be skeptical of firms that claim to provide on-the-job training.

Challenge: Recruiters who do not speak clearly

Solution: Insist on speaking with the recruiters on your offshore team. Verify that the recruiters have received voice and accent neutralization training.

Challenge: Recruiters who do not understand the nuances of American business

Solution: Some offshore recruiters will not understand the urgency of American business or the importance of delivering on commitments. Some will be hesitant to say "no" or "I do not understand" to an American client. Verify that the recruiters on your offshore team have experience working with Americans and training in American business practices.

Challenge: Recruiter turnover

Solution: Turnover of recruiters in India is extremely high and can undermine performance. High turnover is mostly caused by the enormous demand for experienced international recruiters. Other reasons include health problems from working the night shift, proposals for arranged marriages that stipulate no night shift jobs, and leaving a job to take care of an ailing family member--even when the ailment is not life threatening. The level of turnover is much lower in offshore firms that offer their recruiters higher pay and better opportunities to learn and advance professionally. Ask your offshore firm about their recruiter attrition rates and retention programs.

Challenge: Lack of processes

Solution: The offshore firm should have well-established work processes and procedures to monitor the progress of each job opening. Ask detailed questions about the work process and make sure there is experienced management overseeing the recruiting team.

Challenge: Poor infrastructure

Solution: Effective offshore recruiting is not possible without quality infrastructure for both voice and data. Talk with your offshore team to confirm voice quality is acceptable and check to make sure the offshore firm has redundant ISPs in case of an outage.

Challenge: Disreputable companies

Solution: Some offshore recruiting firms, especially those competing on price, will cut corners. Some common dishonest practices include billing "dedicated" recruiters to more than one account, not fully staffing teams that are supposed to have multiple recruiters, not providing backup recruiters when recruiters are absent and submitting candidates to multiple clients (be especially leery if the offshore firm has its own U.S. staffing agency). Make sure that your agreement is with a U.S. firm in case there is a need to enforce disputes.

Challenge: Contract terms

Solution: Some firms insist on long-term contracts that provide little recourse if performance is not acceptable. Look for firms with flexible contract terms.

Article by, Hank Levine and courtesy of Kenndy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) has delayed the implementation of a new rule and new Form I-9 (Employment Eligibility Verification) governing the types of acceptable identity and employment authorization documents that employees may present to their employers.

The rule and new form were scheduled to go into effect today (February 2), but USCIS pushed back the effective date until April 3, 2009.

Unless the rule is delayed again, employers must use the revised Form I-9 for all new hires and to reverify any employee with expiring employment authorization beginning April 3. The current version of the Form I-9 (dated 06/05/2007) will no longer be valid as of April 3.

Under the new rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9. Under previous rules, a U.S. passport and all List B documents are acceptable for the Form I-9 even if they are expired.

The new rule will also add to List A of the Form I-9 foreign passports containing specially-marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI).

The rule makes other, technical changes to update the list of acceptable documents. The revised Form I-9 includes additional changes, such as revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.

The department says the delay will provide the agency with an opportunity for further consideration of the rule and also allows the public additional time to submit comments. USCIS has reopened the public comment period for 30 days, until March 4, 2009.

Full Article


Article by, Jason Morris and courtesy of EmployeescreenIQ


In November, George wrote a brief review of the Employee Free Choice Act (EFCA).

That review, and today's renewed discussion, have taken on an urgent importance in a political climate in which the EFCA could become law this year. DW

Card Check and Other Key Provisions of the Employee Free Choice Act.

If passed, the EFCA would mandate some radical changes in the process by which employees decide whether or not to unionize. Among the changes:

  • Requiring union recognition based on "card-check," in which a majority of employees sign cards provided by the union to indicate an interest in being represented by that union. Currently the employer may recognize a union based on cards, but always has the right to insist on a secret-ballot election.
  • Mandating that businesses and new unions agree to a contract within 120 days of the union being approved; otherwise, the agreement would be subject to mandatory federal arbitration.
  • Sharply increasing penalties for unfair labor practices (firing pro-union employees, for example).

Obviously, business interests have come out strongly against the bill, particularly the sections that require card-check recognition and impose union contracts through binding arbitration. Also obviously, labor leaders favor the bill, claiming that it is an essential step to protect organizing employees from anti-union employers.

But given the chaos of a foundering economy and one of the most exciting Presidential elections in recent memory, most people's attention has been directed elsewhere. Continue reading about the EFCA ...


george lenard.png Article by Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Yesterday, Congress sent President Obama the Ledbetter Act - expected to be the first piece of legislation he signs.

We discussed the Act in detail here. In short, it makes it easier for employees to sue for pay discrimination, even if the discrimination dated back several years.

The Act is in response to a 2007 U.S. Supreme Court ruling that required employees to file pay discrimination claims within 180 days of the employer's initial discriminatory pay decision. The Act would extend the statute of limitations another 180 days every time a new discriminatory paycheck is issued.

The President invited Lilly Ledbetter -- the Act's namesake -- to accompany him on his train trip to the Inauguration. She said last week that the President "assured me that he would see me in the White House when they sign the bill."

Advocates of the Act argued for overturning the Supreme Court's decision because it rewarded employers who managed to keep pay discrimination secret for six months. Opponents argue that the Act renders the statute of limitations meaningless and will lead to an explosion of lawsuits and trial lawyer fees.

Stay tuned for more.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


You're a stay at home mom -- or dad. You have one or more children, and you've decided that you want a work-life balance that allows you to attend to your parenting and other responsibilities.

But you'd also like an income, a chance to interact with adults during the day and the opportunity to keep your options open. After all, your children will grow up, and you may want to return to office-based work someday.

Welcome to "Give A Mom A Job!," a new site that seeks to unite stay at home moms and dads seeking a flexible, part-time source of income with companies that have an immediate need they can fill.

Perhaps best of all, it's free to employers and job seekers alike.

Continue reading about jobs for stay-at-home parents ...


george lenard.png Article by, Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


You're a stay at home mom -- or dad. You have one or more children, and you've decided that you want a work-life balance that allows you to attend to your parenting and other responsibilities.

But you'd also like an income, a chance to interact with adults during the day and the opportunity to keep your options open. After all, your children will grow up, and you may want to return to office-based work someday.

Welcome to "Give A Mom A Job!," a new site that seeks to unite stay at home moms and dads seeking a flexible, part-time source of income with companies that have an immediate need they can fill.

Perhaps best of all, it's free to employers and job seekers alike.

Continue reading about jobs for stay-at-home parents ...


george lenard.png Article by, Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


You're a stay at home mom -- or dad. You have one or more children, and you've decided that you want a work-life balance that allows you to attend to your parenting and other responsibilities.

But you'd also like an income, a chance to interact with adults during the day and the opportunity to keep your options open. After all, your children will grow up, and you may want to return to office-based work someday.

Welcome to "Give A Mom A Job!," a new site that seeks to unite stay at home moms and dads seeking a flexible, part-time source of income with companies that have an immediate need they can fill.

Perhaps best of all, it's free to employers and job seekers alike.

Continue reading about jobs for stay-at-home parents ...


george lenard.png Article by, Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


While reviewing a set of about 30 employment applications for one of his clients facing an EEOC allegation of hiring discrimination, George started seeing patterns in the mistakes that the job applicants were making that led to their being disqualified.

Sadly, the disqualifying factors George saw -- such as failure to provide all information requested or even to sign and date the application -- were often reflective not so much of the applicants' true unsuitability for the job as of their failure to treat the application form with the necessary care.

This post is a direct result of George's observations while doing that work, presented with hopes of helping employers and job seekers alike.

Employers Should -- and Often Do -- Apply Rigid, Unforgiving Criteria When Screening Applications

Because of laws governing the hiring and firing of workers, employers must pay close attention to how they read and act upon job applications.

Hiring one applicant despite an unexplained two-month gap in employment history makes it much harder to defend not hiring another whose application shows an unexplained five-month gap. And if the latter charges discrimination, the employer has a problem.

Is the difference between two and five months significant? What about three months?

Far easier to have a policy of not hiring anyone whose application contains any unexplained gaps -- period.

Bottom line: [S]eemingly minor errors, omissions and discrepancies acquire an importance many applicants fail to appreciate -- becoming "red flags" and thus automatic reasons for rejection. This is nothing personal -- it's what the company feels is necessary to protect itself. Continue reading about application errors ...


george lenard.png Article by Dawn Wolfe and courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Is anyone sick of my rants about why it isn't a good idea to use Social Networking sites when conducting background checks on your job candidates? If you answered yes, you might not want to read this post.

A company called Yasani is now offering a free internet search tool which will allow employers to view a candidate's online persona whether on Facebook, MySpace, LinkedIn and get this, online shopping wish lists! So let's get this straight, if I've posted that I would like to buy a new flat screen TV, an employer can decide not to hire me?

Are you kidding me?

Here are a couple reasons why employers could get into hot water using sites like these when making hiring decisions:

  • There is no way to authenticate the information for accuracy
  • Anyone can establish a profile in anyone's name and post whatever they like
  • Photographs can be doctored
  • Evaluating these sites provides access to personal information such as religion, personal beliefs, sexual orientation, race, etc.
  • How do you evaluate the information found consistently?
Do you really want to spend the time defending yourself for discrimination and negligent hiring practices?

If you are interested in learning more about this topic and other Technology Trends in Background Screening, please sign up for a free webinar I will be conducting for JobMachine on January 29th.

By the way, I have been told by numerous attorneys that using sites such as Facebook and MySpace for employment screening purposes violates the user agreement that users must agree to when signing up for these services.

Still think this is a good practice?


Article by, Nick Fishman and courtesy of EmployeescreenIQ


There are some recruiters who think campus visits are a luxury rather than a necessity. John Flato would disagree. In his article for ERE, 5 Reasons to Maintain a Strong Campus Recruiting Program During This Economic Downturn, he explains why maintaining a campus presence is important, regardless of the economy.

Flato's list points out why smart companies continue recruiting on college campuses even when financial times are tough.

1. Improve the quality of the talent you are able to recruit
2. Block and tackle competitors - "Smart companies know that this is a great time to take market share away from competitors, and this goes for talent, too," Flato says.
3. Thwart looming retirements and a drain of intellectual capital - baby boomers will be retiring soon; maintaining a steady influx of talented new hires prevents any gaps caused by attrition.
4. Campus continuity pays off - a break in recruiting on campus could lead to a loss of connection, familiarity and trust, making things more difficult once recruiting programs are reinstated.
5. Campus recruiting is the most cost-effective way to source and retain top diverse talent.

The best-managed companies with visionary leaders will seize the opportunity to exploit the current economic morass. College students looking for internships and recent college graduates looking for entry level jobs want some semblance of security, too. Companies that maintain a campus presence even when times are tough send the message that they are stable, they are secure ... they are a safe bet.


The new FMLA regulations go into effect this Friday, January 16. So, what does this mean for employers? Here's what all employers with 50 or more employees must do by that date.

Use the New Forms

The Department of Labor (DOL) has created new model notice, certification and designation forms.

  • Notice. Click here for the new notice form, which must be given to employees within 5 business days of the leave request.
  • Certification. If an employee will be required to certify leave, the certification form should be given to the employee (along with the notice form) within 5 business days of the leave request. Click here for the form for an employee's condition, here for the form for a family member's condition, here for the military exigency form and here for the form for military service member conditions.
  • Designation. The DOL has created a new designation notice to indicate whether (1) leave is FMLA-qualifying, (2) paid leave substitution will be required and (3) a fitness-for-duty certification will be required to return from leave. The form must be provided within 5 business days of the designation determination.

Continue reading "Are You Ready for the New FMLA?" »


Not long ago, ERE published an article by John Zappe about background checks and how some employers us them to discriminate against minority applicants - particularly African-Americans. The criminal conviction or arrest is a smokescreen used to hide the employer's true motives - i.e. bigotry - for firing or refusing to hire them. The previous article involved a woman, Charlene Clarke, who had a job offer rescinded by Madison Square Garden when a background check unearthed a 5-year-old misdemeanor assault conviction. Clarke contended that Madison Square Garden hiring authorities used her past mistake as an excuse to discriminate against her because she's African-American.

Zappe cites a different case in his article, "Add 'Review Background Screening' to Your List of Resolutions," for ERE. Douglas El made the same claim when he was fired from his job driving mentally and physically disabled people for SEPTA; however, El's conviction for juvenile homicide trumps Clarke's misdemeanor assault by a mile. SEPTA, like Madison Square Garden, used safety as the reason for dismissing El. When El filed a lawsuit, SEPTA hired a criminologist to testify that "a person with a criminal record is more likely to recidivate, even if, as in El's case, the conviction was 40 years old."

Should El be denied the right to work because of a crime he committed when he was only 16 years old? SEPTA would say yes. Had El's conviction been less serious, he might have stood a better chance. The fact that his attorneys didn't hire an expert of their own to rebut SEPTA's criminologist was also unhelpful.

Because of cases like El's, Zappe recommends employers test the policies of their pr-employment screening procedures against the EEOC's own guidelines for criminal convictions and against the SEPTA court's declaration that "discriminatory hiring policies accurately but not perfectly distinguish between applicant's ability to perform successfully the job in question."

Cases like Clarke's and El's raise a lot of questions about background checks and how they're used for screening job applicants.


How Will the Recession Impact Juries in Workplace Disputes? That is the (Important) Question

Several employment-law attorneys, including myself, have been asked to comment on the possible impact that the recession could have on juries in workplace disputes. Given that I defend management in such suits, the following is my take on the situation.

In This Recession, Business Leaders are the (Perceived) Villians

I would expect present economic circumstances to generally favor employees in employment jury trials as to liability, if not damages. I'm thinking of the typical case involving alleged discrimination in termination of employment, which for years has been the bread-and-butter of many employment law practices, my own included. Continue reading about George's employment law prediction ...


george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Sometimes technologists are prone to exaggeration. What I mean by that is shiny new technologies are impressive, and they put butts in seats for conventions, seminars, and webinars.

I've spent the last four years telling you that social media is coming, and that as recruiters, we need to be involved before candidates and hiring managers cut us out of the loop. If we do our jobs well, we'll continue to be the go-to source for the employment experience. This applies to internal recruiters as well as third party firms.

Our job is to know where candidates spend time, and meet them where they live.

So what happens when an increasingly networked public recognizes that the same tools we use to source (linkedin, blogs, facebook) can be used to get them jobs? Recruiters start looking for a new industry (and mortgage isn't coming back anytime soon).

Continue reading "Blogger Starts Helping Out VoIP Candidates" »


Just a gentle reminder that employers must start using the new I-9 form starting on February 2.

Click here to read the mind-numbing regulations and to see the beautiful new form. The official form will be posted on the U.S. Citizenship and Immigration Services (USCIS) web site on or before February 2.

According to USCIS, "[t]he biggest difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired." The new I-9 also reduces the number of acceptable documents. "An expansive document list makes it more difficult for employers to verify valid and acceptable forms and single out false documents compromising the effectiveness and security of the Form I-9 process," said a USCIS representative.

The new form eliminates three documents from List A (the temporary resident card and older versions of the employment authorization card). It adds to List A the new U.S. Passport Card, certain foreign passports containing "machine-readable immigrant visas" and passports for certain citizens of the Marshall Islands and Micronesia. It also includes changes to the employee attestation section.

The USCIS' I-9 handbook will be update to reflect the new form and will be available on the USCIS web site soon.

Employers who fail to use the new form could be subject to monetary penalties.


Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Technology has changed the face of recruiting. Our success is still dependent on developing strong working relationships with our candidates and clients - our internal hiring managers. Technology helps us work more efficiently and has greatly enhanced "sourcing" capabilities, but it's important to also remain high-touch. The following tips will help you master this balancing act.

TIP #1 - Communication
The four generations in our current job market each views technology very differently. Baby boomers don't necessarily text message, while Gen Y feels that is the best way to communicate. It's important for all recruiters to study the traits and characteristics of each generation to communicate effectively.

Utilize all forms of communication, but realize every third contact should be a conversation if you want to become a trusted advisor to both your clients and candidates.

TIP #2 - Planning
It doesn't make a difference whether you plan on line or utilizing a manual planner. The important point here is that you are planning out your day BEFORE leaving your office. If you are not a planner start out by writing down the six things closest to the money you have to do the next day and you commit to getting them done!

TIP #3 - Interviewing
Most recruiting organizations have a system they are using to track candidate updates and clients. It is important that you utilize these systems to accurately track pertinent information. If you are not computer savvy, you might want to hire a teenager to help you enter information.

When trust is established and answers are changed due to a higher level of trust, it is easy to change information on your clients and candidates, enhancing your ability to make accurate mtches.

Continue reading "High Tech - High Touch" »


While the formal implementation of social networks and Web 2.0 tools within corporate intranets is still in the early adopter phase, new research shows that an increasing number of organizations are informally experimenting with and benefiting from the use of these tools for business purposes. The study, conducted by global professional association and think tank Human Capital Institute (HCI), along with integrated talent management software provider Cornerstone OnDemand Inc., reveals that more than half of the companies surveyed use communities of practice/groups and chat/instant messaging (IM), with other popular applications including corporate social networks (49%) and blogs and/or wikis (39%).

For the comprehensive report, Leveraging Social Networking & Web 2.0 Collaboration Tools in Enterprises, HCI polled nearly 200 senior human resources (HR) professionals regarding their use of corporate social networks and Web 2.0 applications for business purposes - particularly for learning and talent management.

Continue reading "Corporate Social Networking Trends in Talent Management" »


In a previous post, I wrote about how important it is to engage new hires the moment they walk in to start their new jobs. Lee Salz of SalesArchitecture.com wrote an article for ERE - "The New Employee's First Day" - that illustrates that point beautifully.

Salz created a composite character, Steve Harmon, and sent him to work for a company -probably also a composite - called Newman Industries. Newman Industries did everything right when they recruited Steve, a much sought after candidate. Sadly, Newman Industries made the mistake that many employers, according to Salz, make when recruiting top candidates - they didn't follow through.

Like a lot of employers, Newman Industries put all of their time, money and effort into wooing Steve away from the job he already had and completely forgot about making preparations for his first day at work. As a result, Steve introduced himself to a receptionist who had never heard of him, got assigned to a cubicle that still contained the belongings of the previous occupant - which he was asked to throw away - and spent all day trying to meet with his elusive mananager, Jamie. And those are just a few of the indignities Steve suffered.

By the end of the day, Steve was thoroughly disillusioned. Newman Industries wasn't what he thought it would be when he first accepted their offer. When his wife asked him how his first day of work went, Steve replied, "'I'm really happy that I didn't pull my resume off the job boards or tell the recruiters that I was off the market, because I don't know if this is going to work out. We'll have to see.'"

"The company thought they had Steve when he accepted the offer. That was their error. They failed to recognize that they had only completed the next step of the process," Salz explains. What Newman Industries lacks is a program that will preserve the positive impression made during the recruiting and interviewing process once the new employee arrives on his first day, he concludes.

Although Salz's scenario was specifically about recruiting and hiring salespeople, I believe his advice applies to any employer trying to recruit and hire the best college students looking for internships and recent college graduates looking for entry level jobs.

It should also be noted that Steve was a "passive candidate," which probably made Newman Industries feel even more proud of their accomplishment. Unfortunately for them, all that time and money was in danger of going down the drain before Steve had even been given a company email address. In this economy, it's safe to say that companies can ill afford to make such a costly mistake when hiring new employees.


The U.S. Department of Labor's Employment and Training Administration (ETA) and Employment Standards Administration (ESA) publishes a final rule that modernizes the H-2A program for employing foreign workers in temporary or seasonal agricultural jobs, and enhances important worker protections.

"These reforms will improve the operation of the H-2A program for agricultural employers and help ensure that the employment of temporary foreign workers does not adversely affect U.S. workers," says Secretary of Labor Elaine L. Chao.

Many of the program's regulations have not been updated in more than 20 years. Last year, only about 75,000 positions were certified to be filled by legal H-2A workers, while there are an estimated 600,000 to 800,000 undocumented workers employed on America's farms. The changes will update the H-2A program to improve the process for hiring legal foreign agricultural workers when no U.S. workers can be found. Unlike the proposed AgJOBS legislation, which would arbitrarily slash agricultural workers' wages, the revised H-2A regulations will set required wages according to prevailing local market rates, a methodology that has been used successfully in other temporary worker programs. Regulatory updates include reducing unnecessarily duplicative filing, and federal and state government review of applications. Required employer recruitment for U.S. workers will begin earlier, thereby giving U.S. workers additional notice of available jobs, and employers will be required to submit an initial recruitment report to the department prior to receiving certification.

The rule establishes enhanced penalties for violations and new tools to ensure employer compliance, including audits, revocation of approved labor certifications, increased debarment authority and substantial increases in fines - up to $100,000 for violations resulting in serious injury or death of a worker. The rule also will prohibit employers and recruiters from charging fees to workers for access to jobs, a practice that in the past has led to many reported abuses. The Office of Management and Budget has cleared the rule: the rule will take effect January 17, 2009.


Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Given these tough economic times, more and more employers are facing RIFs. One RIF-related question that employers frequently ask is: How much severance is appropriate in exchange for a release of claims?

A recent Right Management study answers that question and more. Right Management is a subsidiary of Manpower and the world's leading provider of integrated human capital consulting services and solutions across the employment lifecycle.

According to the study, U.S. employees receive the least amount of severance in the world, with many countries paying more than twice as much on average for certain positions. Below are the mean weeks of severance paid in the U.S. per year of service:

Voluntarily Separated

Top Executives: 2.76
Senior Executives: 2.23
Department Heads/Managers: 1.55
Professional/Technical: 1.39
All others: 1.23

Involuntarily Separated

Top Executives: 3.04
Senior Executives: 2.49
Department Heads/Managers: 1.78
Professional/Technical: 1.60
All others: 1.44

Never, ever, never pay severance unless an employee signs a release. According to the study, most U.S. companies (96%) follow that practice.

According to Right Management President Doug Matthews: "Severance can be used as a strategic tool to differentiate an organization in the tough war for talent and should be directly aligned with a company's business strategy and brand value. Severance benefits should be consistent with the values and culture an organization espouses."

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Even in Current Economy, Employee Retention Top Concern, Survey Shows

A recent survey suggests today's employers are most worried about hanging on to good employees and bringing in new ones, even in the current economy. When asked about their greatest staffing concern, nearly four out of 10 (39 percent) senior executives interviewed cited employee retention, while 22 percent said recruitment. Productivity and employee morale were each named by 17 percent of respondents.

The survey was developed by Robert Half International and conducted by an independent research firm from Sept. 15 to Oct.15, 2008, and is based on interviews with 150 senior executives from the nation's 1,000 largest companies.

Executives were asked, "What is your greatest staffing concern?" Their responses:

  • Retention: 39%
  • Recruitment: 22%
  • Productivity: 17%
  • Staff morale: 17%
  • Other: 3%
  • Don't know: 2%
"Many firms are operating with lean teams in which every staff member plays a key role in the business, making retention a greater concern," said Max Messmer, chairman and CEO of Robert Half International and author of Human Resources Kit For Dummies, 2nd Edition (John Wiley & Sons, Inc.). "Companies that lose top performers may not only experience declines in productivity but also incur significant costs in replacing these professionals."

Messmer added that within a few specialties, recruiting in-demand skills remains a challenge. "There continues to be a shortage of skilled job candidates for positions such as credit and collections specialists and staff and senior accountants, and companies may not be able to offer generous perks and incentives to attract them."

Robert Half International has more than 360 staffing locations worldwide and offers online job search services at www.rhi.com.


With anywhere from 4% to 10% of global companies undergoing layoffs, many employees find themselves in one of two categories: survivor or laid-off employee. In a time where high performance is critical, organizations that conduct layoffs may find that the survivors are disenchanted, de-motivated, and disengaged-characteristics that can drag down the fiscal health of the entire company. Global provider of talent management and retention solutions, Kenexa Research Institute (KRI) examines what is needed to support engagement of survivors and where companies may fall short. According to the analysis from the Kenexa WorkTrendsâ„¢ database, employee engagement is statistically and practically lower for employees whose organizations have conducted layoffs in the past 12 months than it is for employees working in organizations without layoffs. In addition, the survey finds that both layoff and no layoff groups of employees need to feel confident about their company and in their future. Of those employees in organizations who have experienced layoffs in the past 12 months, however, fewer employees feel confident: only 43% of employees with layoffs report confidence in the future of their company, as compared to 61% of employees with no layoffs. Further analysis reveals where survivor employees are most vulnerable. In fact, 35% of the workforce whose companies have laid-off workers in the past year feel confident in their senior leaders, as compared to 45% if no layoffs. Nearly the same percentages apply for employees who feel they have a promising future at the company (35% if layoffs and 43% if no layoffs). "The results of this analysis provide companies that are undergoing-or planning to undergo-layoffs invaluable insight into how to keep survivor employees engaged," stated Jack Wiley, executive director, Kenexa Research Institute. "After the chaos of downsizing, it is imperative that leaders work hard to re-instill confidence in the viability of the organization, as well as set up support systems for work stress. The aftermath of layoffs is messy, but unwavering leadership can heal their organization more quickly by equipping employees to do more with less in their attempts to meet and exceed customer needs." The survey also found that the percentage of companies undergoing layoffs range widely from country to country, with Brazil reducing the most (10%) and Japan and Russia, reducing the least (4%). In addition, 43% of laid off workers are 25-34 years of age, and clerical and professional workers bear the brunt of the layoffs, 29% and 22% respectively

Four key themes emerged as drivers of engagement for survivors:

  • Building confidence in the organization and leaders;
  • Instilling optimism for the future;
  • Caring for employees (e.g., managing stress and work/life balance, ensuring safety, offering adequate pay, supporting their community); and
  • Training the survivors to keep the business running and serving customers.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Guest post by Dawn Wolfe

Human Capital -- Truly Your Company's Greatest Asset

In this economy, measuring your bottom line or your company's success on Wall Street isn't enough.

Instead, says Denise Kingsmill, deputy chair of the United Kingdom's Monopolies and Mergers Commission, "Directors need to transform the airy cliche about people being their greatest asset into a guiding principle of business strategy."

Yes, hiring and retaining employees costs money -- and money may be in short supply in your company right now.

But do you know:

  • How much it costs you to lose an employee?
  • If your compensation structure helps you keep the people you want to keep?
  • How engaged your employees are with their work, with each other and with the company -- and thus how well employees who survive any layoffs will be able to cope with the associated changes and new demands?
  • How long you need to retain an employee before she or he becomes a net asset?

Give them the tools and set the right metrics, and your Human Resources Department can tell you all of the above -- and much more. Such information can then be used in human resource planning -- for setting goals and objectives and then measuring progress towards them.
Continue reading about hr metrics and human capital ...

george lenard.png Article courtesy of George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


In a recent white paper, ''How Central Is Work to Young Adults?" written by Phil Gardner of the Collegiate Employment Research Institute (CERI) at Michigan State University and Georgia Chao of the Eli Broad College of Business also at Michigan State University, research was cited in support of the theory that today's young adults don't view their jobs as the primary focus of their lives, the way earlier generations did. Although work is important to them, they also care about having time to spend with family and friends, and doing things they enjoy like hobbies and/or volunteering.

Ten thousand young adults between the ages of 18 and 28 were surveyed. The results of the survey - done in 2005 - were compared to one done in 1982, offering these three statements:

  • Life is worth living only when people get absorbed in work.
  • Work should be considered central to life.
  • The most important things that happen in live involve work.

Young adults in 2005 were more likely to disagree - either moderately or strongly - with these opinions than were their counterparts in 1982. The survey went on to break the results down into differences between genders and found that women were more likely to disagree with the above statements than were men - probably, they surmised, because women usually have other concerns like children and taking care of their homes.

In addition, the survey results showed that young adult workers with high or medium work centrality were less concerned with having entry level jobs with "low stress characteristics" like regular hours (no nights/weekends), and annual vacations of a week or more than they were with having jobs that were secure, provided interesting work for them to do, or had "success factors" like high income and opportunities for promotion.

Conversely, young adults with low work centrality were as concerned with having jobs with low stress characteristics as they were with secruity, interesting work, and success factors.

"Organizations that hire these young adults may benefit from a better understanding of this new generation of workers," they concluded. Jus as employers are looking for entry level employees who are good fits, so are young job seekers looking for companies that are good fits for them, in terms of how what they want - but can't articulate - compares to what employers provide.

Finally, Gardner and Chao say it's necessary to do further research in order to fully understand the new generation of workers and effectively integrate them into the workforce.


Displaced workers with no paychecks or prospects could add a potentially catastrophic drag to a U.S. economy already facing its worst downturn in decades, says Joel Cutcher-Gershenfeld, the dean of the School of Labor and Employment Relations. But he says businesses can cushion the blow of layoffs that are inevitable in the months ahead as companies align labor supply with sagging demand.

Cutcher-Gershenfeld urges employers to provide a softer landing for both workers and the economy through programs ranging from severance packages to retraining benefits. "We're not asking businesses to do this out of charity," he said. "There are ways to approach layoffs that maintain options with the displaced workers, deepen loyalty with remaining workers, give meaning to stated corporate values, and help avoid an accelerated collapse in the economy. Instead of knee-jerk, across-the-board job cuts that will have a contagion effect on the economy, respond with programs that mitigate the harm to workers, while leaving businesses and society better situated to recover when there is an upturn."

Continue reading "Economy Will Worsen If Layoffs Used to Curb Losses, Expert Says" »


Staffing industry employment slipped in the third quarter of this year, according to survey data by the American Staffing Association (ASA). In fact, America's staffing companies employed an average of 2.7 million temporary and contract workers per day from July through September, down 2.8% from the second quarter this year. Normally staffing employment grows during the course of the year but not this year. Third-quarter staffing employment was 11.8% lower than in the same period last year, ASA data show. It was the sharpest drop since the 2001-02 recessionary period. "This is no surprise. While staffing employment held steady in the first half of the year, the ASA Staffing Index began to slide in July." says Richard Wahlquist, ASA president and chief executive officer. "In the current economy, staffing firms play an even more important role in helping their clients achieve the right levels of work force flexibility." This was the fourth consecutive quarter of year-to-year staffing employment declines, according to the ASA survey. Six of the last eight quarters showed year-to-year reductions in the number of temporary and contract employees. Furthermore, U.S. sales of temporary and contract staffing totaled $18 billion in the third quarter of this year, a decline of 1.2% over the second quarter and 4.7% lower than in the same period last year, according to the ASA survey.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Previously here on the Blawg, we reported on a case in which a black employee was awarded $120,000 after he proved that his firing for setting off a firecracker in the workplace was discriminatory. Yesterday, the U.S. Court of Appeals for the Sixth Circuit upheld the award.

The case offers several valuable lessons for employers. Here are the highlights.

The Facts

Ronald Madden was fired in 2006 by the Chattanooga Public Works Department for setting off a firecracker at work. Company representatives testified that they were unaware of any similar incidents at the time of Madden's firing and that they would have taken the same action against any other employee who had done the same thing.

However, Madden and several of his co-workers provided evidence that white employees had set off firecrackers at least twice in the past without incurring any discipline. In one incident, the employee -- who had the same supervisor as Madden -- set off firecrackers at work less than a year before Madden's firing. Unlike Madden, the only response to that employee's conduct was an informal admonition that he should "knock off the horseplay." There was also evidence that the supervisor himself had set off firecrackers at work and was never disciplined.

In a separate incident, a white employee threw a firecracker into a city truck carrying black employees, causing some of the employees to jump out of the truck while it was still moving. Again, no discipline was issued and the situation was treated as "humorous and not one warranting discipline."

Continue reading "Firecracker Firing Found Frivolous" »


An interview by Jim Durbin

I use Joe from Guardian Testing for my background checks. He was recommended to me on Twitter, and he's exactly what you need if you're doing checks on your candidates or employees. This is an unpaid endorsement.

1) Joe, can you tell me a little bit about your company and what you do? No marketing speak is allowed for this question.

Guardian Testing Services is a full service drug testing and background check company specializing in pre-employment screening of candidates in both regulated and non regulated industries.

2) Background checks used to take me a week and cost $100 ? Is that still the case? And does it matter based on how many counties they lived in?

Generally, background check results will be available within 24-48 hours unless there are charges that are uncovered which were not disclosed during the application process requiring verification for accuracy. The cost can range anywhere from $19 - $150 based on the level of checks required, but 90% of the searches we conduct for our clients range between $49 -$69.

Continue reading "How Guardian Testing Conducts Background Checks " »


President Bush signed legislation that will extend unemployment benefits for seven weeks in staes with unemployment rates below 6% and thirteen weeks in states above that rate.

The legislation was passed on the heels of a Bureau of Labor Statistics report showing that more than 1.2 million jobs have been lost in 2008 and that the jobless rate is at a fourteen-year high of 6.5%.

Many states are considering either raising taxes or reducing benefits to deal with rising unemployment. Beginning in 2009, Wisconsin will raise its unemployment tax for the first time in 20 years ($41 per employee). Michigan is also raising its tax for the first time in more than 20 years ($67.50 per employee).

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Don't get me wrong, I think employee referrals are a great recruiting tool for any organization. Your employee wouldn't recommend someone for a job that they wouldn't want to work with, right? But just because your star employee recommends someone does not mean that someone doesn't have a checkered past. It could just mean that your employee either doesn't know about it or is trying to help out a friend.

In the following article, the Head of HR for one of India's top IT-BPO companies is quoted as saying that employee referrals are a great way to save on the time and cost of background screening. If you ask me, employee referrals are a great way to save on the time and cost of finding talent for your organization, but are no replacement for a background check. How do you know how long your employee has known the referred party? Three years, you say? Well then, let's get this guy on the payroll! Let's just hope that five years ago he wasn't busted for assault with a deadly weapon and child endangering. And six years ago he wasn't jailed for stealing from his former employer.

As much as we hope that the people our employees refer are always going to be top notch, that isn't always going to be the case. And again, that may be no fault of your employee - maybe he or she just doesn't know the person as well as they think they do. In any event, no alternative hiring tool can replace a background check. If you want to know who you are hiring, the screening process is absolutely vital.

Click here to read "Job Referrals: New Hiring Mantra"


Article by, Natalie Beck and courtesy of EmployeescreenIQ


Hate to be the bearer of bad tidings, but a new survey projects that the recession will last fourteen months.

According to the Philadelphia Reserve's latest Survey of Professional Forecasters, the current recession began in April and will last through June 2009. That would make it the third-longest recession since the Great Depression. Only the 16-month recessions of the mid-70s and early 80s were longer.

As we discussed here, employment claims are one of the few things that go up during a downturn. It's more important than ever that employers know and follow the law. Here's what you can do to stay out of legal hot water:

Don't Forget to WARN. The Worker Adjustment and Retraining Notification Act (WARN) requires advance notice of a "plant closing" or "mass layoff" in certain situations. Click here for our handy WARN Cheat Sheet. Also, make sure you're familiar with your own state's laws. Some states have enacted WARN-type statutes and/or require advance layoff notice under unemployment regulations.

Continue reading "Survey: Recession Will Last 14 Months" »


I was almost at the end of the keynote I was delivering to an audience of Internet Service Providers in Florida. As I brought the program to its natural conclusion, I let the audience know that I would open the floor to them to answer any questions they may have.

Several hands went up. The third person I called on made a statement, rather than asking a question.

"Keith that sounds too salesy. I could never do that with a prospect." He was referring to the four qualifying questions that I claim are guaranteed to bring in more sales when meeting with any prospect.

(Let me step back here for a moment. Why am I talking sales and prospects? Because often times, recruiting passive candidates is a sales call. So, "bringing in more sales" in a recruiting sense means landing more qualified "prospective" candidates better and faster.)

"Sounds too salesy?" I wanted to confirm I heard him correctly. I responded to this gentleman with a question.

Continue reading "Don't Sell the Way You Buy" »


Background

I have frequently written and spoken on legal issues relating to the use in employment decisions of applicant and employee Internet activity such as blogging and using social network sites. However, this is a novel legal issue, and as is usually the case with such issues, legal "experts" like myself have been forced to make educated guesses as to how these issues might be decided by the courts.

This situation is now changing, as courts are beginning to rule on these issues. A prime example is a recent federal court decision involving a high school teacher who was terminated because of his MySpace Activity.

For this blog's coverage of the issue, see:

Firing Bloggers Part IV -- More Bad Examples and parts I-III, linked in that post.
Employers Using Facebook for Background Checking, Part III and parts I and II, linked there.

The case is Spanierman v. Hughes, 3:06CV01196 (D. Conn. Sept. 16, 2008). In it, the federal court granted summary judgment to the employer, striking down the teacher's claims that he was denied due process,equal protection under the law, and his rights of freedom of speech and association by being terminated for having a decidedly unprofessional online relationship with his students. Read on for more details:

george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


We see a lot of information on both sides of the employment aisle and thought it might be fun to compile some of it on various market and employee segments into top ten lists. The newest employee group, the "Millennials", just entering the job market seemed like a great place to start since their interests and work style are still becoming known.

This first list targets key job, career and personal issues relating to finding, hiring and retaining this new talent group as they enter the workplace.

Postbetter feedback based on client hiring experiences provides the basis for the report.

Julie Mattson and Jackie Nerhus of Katun Corporation in Minneapolis have this to offer: "Millennials are very engaged in their jobs and in the community, they like to have a voice in how things are done and look forward to giving and receiving frequent feedback."

Glen Gardner of The Vortechs Group, a tech recruiting company in Cincinnati, talks about connectivity: "To find top performers I look for people who blog, who have a website, who publish on others blogs, participate in usergroups and use open source code."

Continue reading "Ten Things Every Recruiting Professional Should Know About Millennials " »


It shouldn't be a revelation to anyone that when there are more people competing for fewer jobs, that employers will scrutinize candidates much closer than they did when jobs were plentiful but candidates were scarce. This means tighter standards on who gets hired and who does not. And because today's candidates are going to be asked to do more with less, the margin for error in hiring the wrong person is razor thin. So everyone goes under a microscope. The qualifications necessary are increased. And background checks are analyzed like never before.

According to a recent Boston Herald article, "Employers have upgraded job requirements, holding out for higher-level credentials and college degrees for lower-level positions. They've also changed their screening, requiring electronic job applications and expecting computer proficiency even for jobs that don't require computer use."

"Employers also are doing a lot of background digging: criminal, credit and even Registry of Motor Vehicle background checks." (View full article)

We highlighted this trend last June in our Background Screening Trends for 2009 report and continue to see evidence that supports this. In just the past 12 months, we've seen the number of candidates with criminal records increase by nearly 50%. We've also seen an increase in resume inconsistencies.


Article by, Nick Fishman and courtesy of EmployeescreenIQ


It would be ironic if this Presidential election -- hailed by so many around the world (myself included) as a shining example of the strength and success of American democracy -- resulted in a drastic reduction in long-established democratic electoral rights in the workplace. But such a result is highly likely.

President-elect Obama and most Democrats in Congress support a proposed law, the Employee Free Choice Act, that would dramatically alter union organizing by, among other things, ending the right to a secret-ballot election as a means for employees to democratically self-determine whether to be represented by a union (and which union).

Contrary to its title, this Act will have the effect of restricting employee free choice by leaving employees vulnerable to pressure and coercion by union organizers and fellow employees. It has labor's hopes soaring and business leaders vocally objecting. Continue reading about workplace elections ...

george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Improving candidate interview preparation seals the deal

My last article established that most recruiters provide 30 minutes of interview preparation to their candidates. Recruiter interview preparation typically consists of filling the candidate in on position details, company culture, and interviewer(s) background/personality. Recruiters do not have the time to, nor do they see a benefit in, providing more general interviewing skills and strategies. Imagine if 45 to 60 minutes of interview preparation increased the send-out-to-hire ratio by 3 to 5 percent. The ROI on that time would be very high.

The following are suggestions recruiters can use to maximize interview performance with a minimum increase of time.

Talk sales
An interview is a sales call so talk sales skills. Helping candidates think of the interview as a sales call gives them an orientation and a structure to prepare for the interview and then guide the interview. Just as a sales person would do, candidates need to define the problem to be solved, understand the company's needs, and then prepare to communicate how their skills and experience can be applied to solve the problem.

Continue reading "Increase Customer Satisfaction - Candidate and Hiring Managers Alike" »


2009 Salary Increase Forecast

Even in the current economy, certain skill sets remain difficult to find, according to the 2009 Salary Guides from Robert Half International. Modest overall salary increases for accounting, information technology (IT) and administrative roles can enhance a professional's marketability; however, specialized expertise is a particular asset in these troubled economic times. This includes account reconciliation and credit/collections experience for accountants and web development skills for IT professionals, the report indicates.

"Companies highly value employees who can identify cost efficiencies, develop long-range business strategies and maximize the use of technology," says Max Messmer, chairman and CEO of Robert Half International. "Adding to the competition for those with specialized skills is a growing reluctance on the part of many professionals to leave secure employment situations in an unpredictable economy. This has made it a challenge for hiring managers to attract these workers."

2009 hiring outlook: accounting and finance
Overall, the 2009 research forecasts a salary increase of 3.4% for finance and accounting staff. Companies are showing the most interest in professionals who can help their firms reduce inefficiencies and enhance profitability. Those who are familiar with International Financial Reporting Standards (IFRS) also are marketable.

Continue reading "Job Market Bright Spots" »


Are employees more loyal to organization's committed to employer-sponsored wellness programs? Findings of a recent poll conducted by work/life leader, LifeCare®, Inc., affirm with a resonating yes. In fact, 65% of workers say that their loyalty to employers would be improved or significantly improved by having a wellness program available to them, according to the poll. Conversely, 35% claim that a wellness program would have no effect on their loyalty. When asked to identify the issue that employees most wanted wellness programs to address, of those polled, 33% claim stress management, 23% indicate diet and nutrition, 20% stress exercise and fitness, 12% suggest brain health, and 4% indicate tobacco cessation.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


The TSA recently announced new requirements for flyers. It is aimed at reducing the number of passengers inadvertently delayed or unable to fly just because their name is the same as someone on the list. Name, date of birth, gender, etc. will be collected by airlines and submitted to the TSA. This will speed up the process and ideally limit the number of people incorrectly stopped.

But how does this compare to your criminal records check? Faithful readers of our blog, newsletter, or podcast listeners know we often talk about identifiers and obligations to ensure the information we share is accurate and up to date. State and federal law, not to mention good ethics and overall business sense, demand it.

So how do we do it? We compare these identifiers to information on file in the courthouse. When we find a criminal record for John Smith, we use the date of birth, the SSN, the Driver's License, etc., to confirm if it's the John Smith you're hiring to be your next latex salesman. Just like the TSA. Similar processes and safeguards designed to serve the same purpose. More information ensures accuracy and reduces risk.

How do we think this will be perceived? Privacy advocates, likely unhappy. More information collected and stored in databases. Security advocates, probably happy. Families traveling with small children anticipating a shorter security line? Definitely happy.

Article by, Kevin Bachman and courtesy of EmployeescreenIQ


You've conducted both rounds of interviews, narrowed the field to a single candidate and made a hiring offer; contingent, of course, on a reference and background check. Now it's time to get on the phone and check the references they've given you. Right? WRONG!

Timing is Everything

According to Yves Lermusi, CEO of online reference check service Checkster, it is best for hiring managers to conduct reference checks on candidates before the second round of interviews.

Rather than viewing reference checks as an administrative detail that only very rarely disqualifies a candidate who has already been selected, Lermusi recommends making them an integral part of the decision-making process. He says:

"Do not make the common mistake of confusing the reference check with the employment verification process. Reference checking is not about confirming, for instance, that your candidate, who claims to have reported directly to the CEO and worked for that company for two years, has done just that. Instead, reference checks serve to obtain information about a candidate's performance, as reviewed by their managers and peers. Performing the reference check at the end of the process ... is a waste of time." Continue reading about better reference checks ...

george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Online training has a number of benefits for companies who deal with the challenges of providing effective training to their employees on an ongoing basis. Delivering high-quality, consistent training classes and programs to diverse populations of employees via traditional learning methods can be very challenging for a number of reasons.

Challenges of Traditional Training in Corporate SettingsScheduling time for a number of employees to attend instructor-lead training sessions at a particular time can be very difficult, particularly in smaller organizations and departments. It isn't always easy, or even possible to choose a time that will work for everyone who needs to attend.

No matter how carefully training sessions are planned, it seems that something always comes up at the last minute that keeps one or more of the employees from being able to attend a mandatory training session. When this happens, some of the employees get the training they need, and others do not.

While additional training sessions can always be scheduled at a later date, two instructor-led training sessions are never exactly the same. Even when the same training agenda is followed, there will likely be some inconsistency from one session to the next. When employees are going to be held to the same performance standards, it is vital to be sure that they all receive the same training.

Advantages of E-Learning in Corporate Training

With online training, there are benefits in terms of both scheduling convenience. Since e-learning is designed to be delivered on-demand, scheduling group training sessions is not an issue with this type of employee training. Employees can participate in online training as a group or individually, as allowed by their schedules.

With e-learning, content will remain consistent from one learner to the next, because of the manner in which online training is developed and delivered. The intervening variable of class composition and instructor personality is removed from the mix with online training. For training and human resources managers who are responsible for ensuring that all employees have equal access to training, this advantage is priceless.

An additional advantage of e-learning is the self-paced nature of the instruction. Those who require remediation can spend time acquiring the skills they need without being singled out in a classroom environment as being slower than their peers. Those with advanced skills can move quickly through the training materials, accomplishing the training objectives and goals at a pace that works for them.


Article by, Mary G. White, M.A., SPHR, the Training Coordinator for for Mobile Technical Institute & MTI Business Solutions, where she specializes in human resources, management, and marketing training. She teaches open enrollment classes for MTI, provides on-site corporate training, and frequently speaks at conferences and association meetings. MTI also provides a variety of consulting services, including IT Training, certification testing, HR consulting, custom database development and website solutions. For career and business development tips, see MTI's blogs, Daily Career Connection and Daily Biz Solutions.


Article courtesy of the Recruiting Blogswap, a content exchange service sponsored by CollegeRecruiter.com, a leading site for college students looking for internships and recent graduates seeking entry-level jobs and other career opportunities.


This is not another article about how to recruit diverse candidates. It's not even about why diversity is important to your business. This article is much more about inclusion than diversity. Specifically, this article will provide practical pointers for helping you hire people likely to embrace and execute inclusive behaviors. It's these people who develop others and maximize their potential, and cultivate go-to performance in others.

Why inclusion matters

Let's first clarify the difference between diversity and inclusion. The two words have been used too interchangeably for a distinction between them to be clear. Yet, consider this simple explanation:

  • Diversity: The extent to which an organization has employees with a variety of critical characteristics.
  • Inclusion: The extent to which an organization embraces, utilizes, capitalizes on, and provides equal treatment to employees with a variety of critical characteristics.

Note that in neither case do we limit diversity to gender, race, and other dimensions that are the focus of traditional workplace diversity initiatives. We apply it to any characteristic on which people are likely to differ substantially - language, conflict-resolution style, people from sales versus people from operations, etc.

Continue reading "Inclusive From the Beginning, Engaged to the End" »


The new FTC Identity Theft "Red Flags" guidelines take affect on November 1, 2008. Are you aware of your obligations under these new provisions? If your organization conducts background checks, these regulations affect you. All users of consumer reports must implement procedures to deal with any notices of address discrepancies they receive from a nationwide consumer reporting agency (mainly credit bureaus such as Experian, Equifax and TransUnion). These policies and procedures must be designed to help the user confirm that the consumer report and the consumer match.

If you weren't aware of these guidelines or how to comply, you've come to the right place. We just produced a free webinar with Seyfarth Shaw labor and employment attorney, Pam Devata.

The webinar can be downloaded by clicking here. Simply fill out the information requested and you're good to go.

Article by, Nick Fishman and courtesy of EmployeescreenIQ


According to research conducted by employeescreenIQ's quality service division, the group found that approximately 10 percent of education verifications completed by the global employment screening company during the second quarter of 2008 uncovered discrepancies between the information it obtains through its investigations and facts provided by job candidates. The item most frequently falsified by applicants was the completion of their high school education.

"False information about ones' educational history is the third most common discrepancy we uncover while conducting verifications for our clients," said employeescreenIQ's Vice President of Quality Service, Kevin Bachman. "As we released in our 2009 background screening trends, due to the tightening of the job market, we are predicting a rise in the number of individuals that "fluff" their resume, including their educational history. Our facts show that if it wasn't for proper screening, for every 10 people a company hired, one would have obtained employment while lying about their education, a very important aspect in most jobs," said Bachman.

employeescreenIQ's research also revealed these interesting facts:

  • High school diplomas were falsified more often than a college degree.
  • Post-graduate and doctoral degrees were the most infrequently falsified types of degrees.
  • Applicants' false diploma/degree claims rarely involved an institution they never attended.

"EmployeescreenIQ's findings are in line with insight we receive from our employer clients," said Steven Rothberg, president of CollegeRecruiter.com, the premiere information source for college students and recent graduates that are seeking employment, continuing education and business opportunities.

"When it pertains to education, job candidates are more likely to inflate their academic experience than to outright lie. Few will claim they graduated from a school they didn't attend, or state they have a business degree when they actually graduated with a major in communications. Given the reluctance of many, and perhaps most schools, to delve into details about the academic qualifications of their alumni, these exaggerations can be very, very difficult for most employers to identify," said Rothberg.

Due to the difficult nature of completing successful education verifications, it is important employers work with an employment screening company that utilizes best practices methods. In addition to education verifications, hiring professionals should check with their screening company to make sure they have the ability to conduct professional reference interviews and license verifications. These three elements play key roles in exposing applicants attempting to falsify their education credentials.

Article by, Nick Fishman and courtesy of EmployeescreenIQ


An applicant who was denied a job after disclosing that he was in the process of becoming a woman won a discrimination lawsuit against the Library of Congress.

The Facts

David Schroer served in the U.S. Army for twenty-five years, including a stint as a Special Forces Commander leading a team that tracked international terrorists. After retiring as a colonel in 2004, Schroer applied for a terrorism and international crime research position at the Library of Congress.

According to Schroer's attorney, Schroer received the highest interview score of all the candidates who applied for the position. He was offered the job in December 2004.

Before starting the job, Schroer had lunch with his new boss, Charlotte Preece. During lunch, Schroer disclosed that he was transitioning to become a woman named Diane. Schroer testified that after the disclosure Preece said, "Well, you've given me a lot to think about. I'll be in touch."

Preece then put a halt to the processing of Schroer's employment documentation. She then allegedly expressed concern about whether Schroer's "transitioning" would be a distraction and whether it would negatively affect his/her security clearance, contacts within the Army and intelligence community and ability to credibly represent the Library before Congress.

The next day, Preece called Schroer to inform him that the Library was withdrawing the job offer. Preece allegedly told Schroer that "after a long and sleepless night, based on our conversation yesterday, I've determined that you are not a good fit, not what we want." Preece then filled the position with a male applicant who had a lower interview score than Schroer.

Schroer sued, claiming gender discrimination in violation of Title VII.

Continue reading "Transgender Applicant Wins Discrimination Suit" »


Are you an employee? Want to get fired fast? Lie.

Are you an employer? Want to get sued fast? Lie.

According to a batch of recent studies discussed on FoxNews.com, it appears that lying is getting more and more rampant in the workplace.

What's behind this phenomenon? It's simple: we want to look good.

According to researcher Jennifer Argo, "We want to both look good when we are in the company of others (especially people we care about), and we want to protect our self-worth." Not surprisingly, her study found that people are "more likely to muddle the truth with our co-workers than with perfect strangers."

E-mails in particular were identified as a hotspot of "untruthiness." "There is a growing concern in the workplace over e-mail communications, and it comes down to trust," said Liuba Belkin, co-author of another study. "You're not afforded the luxury of seeing nonverbal and behavioral cues over e-mail. And in an organizational context, that leaves a lot of room for misinterpretation and, as we saw in our study, intentional deception."

What does this mean for employers?

Thinking back on all the employment lawsuits I've handled over the years, I'd have to say the #1 thing that executives do to get themselves and their companies in trouble is to lie. Almost all other infractions can be forgiven, but lying (particularly during an investigation or as part of an attempted cover-up) can cancel out years of built-up personal goodwill.

It's critical that employers foster a culture of integrity, starting at the top. If employees see their leaders distorting the truth they're likely to follow suit.

All managers should be trained on the importance of keeping communications honest. Documents that distort the truth -- including everything from performance evaluations to discipline notices to run-of-the-mill e-mails -- can wind up as defense-killing exhibits in litigation. I've personally seen entire lawsuits undone by a single e-mail that made the company look dishonest.

The bottom line: tell the truth.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


I had the privilege of traveling to Mexico City last week to speak to a very large number of HR professionals. The subject was the Net Generation (aka Gen Y or Millenials) and how HR should be preparing to recruit and retain this fabulous, very large generation.

I won't bore you with my entire presentation -- because there isn't room here. But the gist is that this generation's use of technology is one of the foundations for everything they do. And while the Net Gen has gotten a lot of bad press, I firmly believe that we can all learn from this cohort and should embrace many of their characteristics:

  • They value integrity.
  • Doing meaningful work and giving back to their communities is important
  • Work/life balance is not just a phrase -- they want to actually live it.
  • Utilizing the ubiquitous, 24/7 technology for entertainment is something they do, but they also want to leverage technology to collaborate on a global basis.

I could go on and on, but the real point of this post is that whether I'm home in the U.S. or down in Mexico, we are all the same. Generational issues cross borders, languages and cultures. While I believe this has always been true, technology and the shrinking world have made our similarities more obvious.

Is there a diversity lesson in here? Don't we all want the same things? Aren't we basically the same -- no matter our color or gender or national origin?

Melanie HolmesArticle by Melanie Holmes, Vice President of World of Work Solutions for Manpower, and courtesy of Manpower's Contemporary Working blog. Melanie shares Manpower's extensive knowledge while building strategic partnerships with government, universities and other leadership organizations across the country. She is also responsible for social responsibility at Manpower, which includes diversity, volunteerism, community involvement, community relations, philanthropy and workforce development.


Mental Health Parity Act: One of the "Sweeteners" Added to the Wall Street Bailout Bill

Thanks to the mess on Wall Street, over a third of Americans will have better health insurance coverage for mental illness and addiction treatments beginning January, 2010. That's the date that the Paul Wellstone-Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 becomes law.

The mental health parity legislation, which has faced an uphill battle for 12 years, was added to the Wall Street bailout bill as one of the "sweeteners" to make the bailout more palatable to hesitant lawmakers. Continue reading about the Mental Health Parity and Addiction Equity Act of 2008 ...

george lenard.png Article by George Lenard, the originator of George's Employment Blawg, has over twenty years of experience in all aspects of labor and employment law, including preventive law as well as litigation. His special interests include employment discrimination, sexual harassment, and noncompetition agreements. He is currently a managing partner with Harris, Dowell, Fisher & Harris, L.C., in St. Louis, Missouri, and lives in the suburb of University City with his wife and family.


Globalization the catalyst for expanded diversity strategies

As corporate workforces start to resemble Olympic villages, diversity programs are becoming a mission-critical piece of most organizations. Nearly three- quarters of all responding companies and a whopping 85% of firms with 10,000 or more workers have either expanded the scope of their diversity strategies thanks to globalization or have plans to do so, according to a recent study by the Institute for Corporate Productivity (i4cp).

Diversity programs have become an essential strategy in today's heterogeneous and increasingly global marketplace. The study finds that almost half (48%) of all polled companies have a diversity strategy in place on both domestic and global fronts, a number that jumps to 59% among large organizations. Conversely, just 23% of responding companies overall report they have no diversity strategy at all, and the number shrinks to just 11% for companies with more than 10,000 workers.

"Diversity programs have gone from nice-to-have to must-have for most firms," says Jay Jamrog, i4cp senior vice president of research. "Strong diversity strategies help in the attraction and retention of top talent as well as customer relations, and companies not paying attention to that are missing the boat. What is a bit shocking is that almost a quarter of companies have yet to address the issue."

At the top of the perceived benefits of bolstering a global diversity strategy is the creation of stronger relationships with partners and customers, with 71% of companies affirming the importance of this reason to a high or very high extent. Providing the ability to attract top talent via reputation as an employer of choice was similarly cited by 70% - increasing to 75% among large companies - while 64% of companies said their global diversity strategy supports their culture and branding efforts to a high or very high extent.

Chief among the challenges to global diversity strategies is the lack of universal measurement, reported by 36% of all respondents as being an issue to a high or very high extent, increasing to 42% among large companies. A "varied acceptance" of diversity initiatives was pointed to by 36% of all respondents, while a third of companies said cultural barriers present hurdles.

Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Hiring people used to be an easy task. Some managers and business owners that I have worked with thought that it is easier these days to recruit employees because of the rising unemployment rate. They further assert that we have a lot of surplus talents waiting to be tapped. Incidentally, that is partly true. However, while there is indeed a huge potential number of candidate employees, small businesses are still confronted with a shortage of qualified and competent employees.

Continue reading "6 Practical Tips to Attract and Retain Competent Employees" »


What's Twitter?

Its Micro- Blogging. The most popular is Twitter among all Micro-blogging service. It is a form of blogging that allows users to write brief text updates (usually 140 characters) and publish them, either to be viewed by anyone or by a restricted group which can be chosen by the user.

One of the biggest values of Twitter is the relationship building/ networking, and connecting. Its a very powerful marketing & community building tool.
The messages on twitter can be sent via text or instant messaging, e-mail, MP3 or the web. Twitter can be used to quickly get out the latest news and really useful information. A new position in the co.; referral programs, employee news etc.
So is it a move away from blogging which is more of a journal type entry - who has the time to read all that? and welcome twittery? I still like to blog so I will keep that..

Continue reading "Recruiting / Sourcing Via Twitter" »


Today, I spoke with Cali Ressler and Jody Thompson, which is long overdue. These two are some of my personal favorites because they believe in a virtual workplace, freedom and logical reasoning. Why work 9-5, when you can achieve the same results working when you want to work. All that really matters in business is that you get the job done on time. Successful employees will get the job done before the due date and at a higher quality. Cali and Jody are authors, consultants, speakers and Twitter users.

Cali and Jody, what exactly is ROWE for people who've never heard of that acronym? Why is it relevant to today's workplace and not that of the past?

ROWE stands for Results-Only Work Environment. It's an environment where each person is free to do whatever they want whenever they want - as long as they get the work done. Today's workplace was built on the foundation of a myth: Time + physical presence = results.

There was indeed a time when the forty-hour workweek served a good purpose, and physical presence was the only way to get work done. Somehow, though, the forty-hour workweek and physical presence morphed into the gold standard for competency, efficiency, and effectiveness.

Continue reading "The Fall of 9-5 Work Days and the Rise of ROWE" »


OK I maybe a bit behind the times when it comes to getting my email on my mobile, compounded by the fact I was waiting for the new iphone 3g I can finally say after nearly 2 months of pestering the local store, I finally have my hands on my new web enabled phone.

After about two weeks of playing with it I thought it was time to make a few comments on how it has changed my life, that may sound a little over the top but true.

For the first time in quite a few years I finally find that I am not chained to the computer or have that feeling of being a fish out of water if I cannot get the laptop connected to some wifi network. I have to admit it was a huge relief, I think if you work from home or self employed it is exasperated.

Continue reading "Iphone for Recruitment" »


"People need to be reminded more often than they need to be instructed."Dr. Samuel Johnson


This quote was emailed to me by Ashley Herrick from Sendouts and I feel it is very appropriate to the Recruiting Profession. Think for a moment of the many methods, techniques and candidates that have slipped through the cracks in just the past twelve months. When you first entered this profession your enthusiasm made up for what you didn't know. You made endless phone calls, were rejected constantly and eventually made your first placement. You didn't really know WHO to call, or HOW to make effective calls - you just knew you had to stay on the phone, interview and get candidates in front of your hiring authorities if you were going to be successful.

Now that you KNOW who and how to call, can you imagine the results you would achieve if you still made those calls every day with the same enthusiasm you once had? I don't believe in a set number of phone calls, but I do think it's important to commit to a minimum standard of daily results - based on your individual statistics and ratios.

Too often, we are guilty of talking to the same people over and over again, instead of getting your name in front of 20 new people every day. Ask yourself these questions - What do you KNOW, but have quit doing? What worked for you in the past that you are not doing as part of your routine today? What was successful when you first started to work with the various hiring authorities in your company? What candidates are sitting in your database that you could reactivate?

Going back to the original quote... "People need to be reminded..." I'd like to remind you of a few things:

  1. You change people's lives every day
  2. You need to do the BASICS each day, regardless of the level of your experience
  3. Commit to training and always fine tune your interviewing, sales and closing skills
  4. Remember, enthusiasm sells! If you are enthusiastic about your candidates and enthusiastic about the opportunities you are representing, this will result in more hires!

In our profession it is important to adapt quickly to change, anticipate trends and stay ahead of our competition. What I'm doing today is just REMINDING you of the skills, abilities and techniques you could "revive" that will make you more successful in 2008! If you keep doing things the SAME WAY, you will get the SAME RESULTS. If you were not thrilled with the number of hires you facilitated in the first six months of this year, you need to make changes today. Take a few minutes in the next 24 hours to do a self-assessment. The results will impact the level of success you enjoy in the remainder of this year.

We are more than half way through the year, and this is a great time to do three things:

  1. Determine the 20% of what you do that provides you with 80% of your results - and do more of those things these next six months.
  2. Determine what is a total WASTE of your time and stop doing those things immediately (delegate whenever possible!)
  3. Identify new techniques or activate old effective techniques (one each month) for the next six months, to elevate your level of success.

Often remembering what you forgot is all it takes to enjoy an entirely new level of effectiveness and success!

Article by, Barbara Bruno and courtesy of Kenndy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Yesterday, the House approved the ADA Amendments Act. It now moves on to the White House for President Bush's signature.

The President is expected to sign the bill. The White House issued the following statement: "The Americans with Disabilities Act of 1990 is instrumental in allowing individuals with disabilities to fully participate in our economy and society, and the administration supports efforts to enhance its protections. The administration believes that the ADA Amendments Act of 2008 (ADAAA) is a step in that direction, and is encouraged by the improvements made to the bill during the legislative process. The president looks forward to signing the ADAAA into law."

What is the ADAAA?

The ADAAA would overturn several U.S. Supreme Court decisions that the bill's proponents felt too narrowly interpreted the ADA. The Act was the result of a bipartisan effort that included various prominent business groups, including the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce.

What Would Change?

Here are the highlights:

  • Mitigating measures. One of the biggest changes would be the rejection of Supreme Court cases requiring "mitigating measures" to be taken into account in determining whether an individual has a disability. Under the proposed law, assistance from medication, technology, equipment, devices and other similar aids would no longer be part of the equation. Notable exceptions: glasses and contact lenses could still be considered.
  • Remission. A condition that is in remission or episodic qualifies as a disability if it would substantially limit a major life activity when active.
  • "Substantially Limits" Loosened. The bill loosens the definition of "substantially limits" by rejecting a Supreme Court ruling that the phrase should be considered a "demanding standard" and EEOC guidance that it should be defined as "significantly restricted."
  • "Major Life Activities" Expanded. The bill provides specific examples of "major life activities," including "major bodily functions" such as "immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions."
  • "Regarded As" Narrowed. The bill excludes from "regarded as" claims minor/transitory conditions lasting six months or less.
Stay tuned for more on this historic piece of legislation.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


We have been pretty vocal about our opposition to the use of Social Networking Sites for employment screening purposes and have not heard many counter arguments from respected voices. Until now.

Employment attorney, Molly DiBianca has called me out in a very public way. (Okay, maybe she hasn't called me out exactly, but isn't sensationalism everything these days?) I've read a few of her posts concerning her support of this practice, and while I respect her opinion, I'm still not swayed. Nor are many FCRA experts that I have spoken with on the topic including top labor law firm Jackson Lewis who just released a survey on employers' use of this practice. Included in this study was a comment from attorney Paul Siegel which supports our position.

" . . . taking adverse employment action against employees on the basis of their protected recreational activities outside of the workplace is unlawful."

Last evening, I had dinner with two prominent employment attorneys who have considerable FCRA experience and both agree that using social networking sites, such as MySpace and Facebook, for screening purposes is a bad idea whether the FCRA applies or not.

While I disagree with Molly, I think it would be short sighted and small minded not to show you her opposing view. Check it out.

Conclusive Proof that Employers Should Screen Applicants with Social Networking Sites

What do you think?


Article by, Nick Fishman and courtesy of EmployeescreenIQ


Imagine my surprise as I got off the train from New York at my local New Jersey train station on a hot summer day, and there was a corporate recruiter offering me an ice cream cone in exchange for my business card. That's exactly how a pharmaceutical firm in my area was thinking out of box recently when trying to identify potential new sales and R&D hires. According to the young HR generalist I spoke with on the train platform, the tactic was working well: he'd collected more than 50 cards in an hour, and he thought his three colleagues had done about the same.

Of course, the verdict is still out on whether the impromptu ice cream social will deliver a new hire or two (or more), but you've got to give the company credit for reaching beyond traditional thinking. While there's no doubt that job posting and resume searching remain very effective ways of attracting active candidates, and networking (both in person and online) can uncover passive candidates, reaching out into the community for potential recruits has its merits. That's especially true when your efforts are well-targeted. The company on the train platform was seeking finance, IT, marketing, audit and legal professionals, which was a wide enough mix that many who passed by were eligible candidates.

Continue reading "Reaching New Recruits Where They Live" »


The City of San Francisco has learned a very hard lesson over the last few months - that not running a background check can equal catastrophe in more ways than one! First, they hire a criminal to work in their IT department without conducting a background check (strike one!). Then, they fail to properly supervise him (strike 2!). Lastly, due to these swings and misses, this person was able to appoint himself ultimate ruler of the entire city's network by creating a super password - which only he has. And he's not sharing! (strike 3 - you're out!)

If the city had done its due diligence and ran a proper background check on this guy, they may have opted not to hire him and would not find themselves in the situation they now face. It may take them months, even years to discover all of the little devices and roadblocks this ex-employee built to make their lives as difficult as possible.

Score:

City of San Francisco: 0

Sneaky Techie: TBD

Continue reading ...

Article by, Natalie Beck and courtesy of EmployeescreenIQ


Maybe, according to a recent federal court decision.

The Facts

Allison Forrest, a bartender at Chili's in South Portland, Maine, and Mike Vashaw, a cook, began dating in 2003. Their relationship was rocky and often spilled over into the workplace. For example, after one of their early breakups, Vashaw allegedly arranged to have four women accost Forrest in the Chili's parking lot. Forrest complained to management and the company disciplined Vashaw. The couple then reconciled and continued their romance for several months.

Forrest and Vashaw broke up for good in 2005 when Forrest began dating another man. Forrest alleges that Vashaw immediately began to harass her with a vengeance. She filed three separate complaints with management in which she claimed Vashaw squirted her with hot water, gossiped about her with co-workers, refused to give her items she needed from the kitchen and called her derogatory names.

Investigations and Corrective Action

After the first complaint, Chili's promptly investigated and then issued Vashaw a verbal warning to "stop and behave as a professional" or "circumstances will take place."

Vashaw allegedly ignored the warning and continued harassing Forrest by calling her "b**ch" and "wh**e" in front of other employees.

When Forrest complained again, Chili's investigated and issued Vashaw a written warning threatening "immediate termination" if the "negative confrontations" didn't stop.

Vashaw then allegedly told Forrest that she was fat and needed to go to the gym. Forrest complained, Chili's investigated and then fired Vashaw.

Continue reading "Is an Employer Liable for Breakup-related Harassment?" »


Wage and hour claims continue to dominate the headlines . . .

Fastenal Pays $10 Million

Fastenal Co., a construction supply distributor, agreed to settle overtime claims for $10 million. Employees in California, Oregon and Pennsylvania alleged that the company improperly classified assistant managers as exempt, failed to pay overtime and violated meal period laws. The company denied any wrongdoing and said it entered into the settlement to avoid legal fees and the uncertainty/distraction of a trial.

Interwall Pays $1.7 Million

The California Attorney General reached a settlement with Interwall, a Southern California drywall company, for alleged overtime, meal-period and record-keeping violations. The company agreed to pay $1.4 million in damages, $200,000 in fines, $131,000 in back payroll taxes and nearly $100,000 in attorneys' fees and other costs.

Among other things, the company allegedly shifted employees among various corporate entities to avoid overtime as part of an effort to cut costs and underbid competitors. The company denied any wrongdoing.

The Lessons

Once again, one of the best ways to avoid big-ticket liability is to ensure that your company fully complies with all wage and hour laws. This is especially critical with exempt/non-exempt classifications, meal/rest period laws and record-keeping requirements. Courts (and plaintiffs' attorneys) continue to be very hard on employers where there's even a hint of impropriety.

As a starting point, check out our Fair Labor Standards Act (FLSA) Cheat Sheet here or under the "Tools & Tips" section of the Blawg.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


The decision to perform background checks is embraced today by virtually all employers. However, there is much that should be considered once you arm yourself with better information. Employment screening has more benefits than simply identifying more qualified candidates and contributing to a safer workplace. It may protect you from potentially significant damages in a negligent hiring lawsuit, if you handle the information properly. Additionally, treating job applicants fairly and objectively during the evaluation process is respectful to them and will reflect well on your organization. The paragraphs that follow illustrate ways that consumer information can be considered in relation to your hiring decisions. It is important to note that every company's hiring standards and/or criteria for a satisfactory background check are unique and should be crafted with the advice of legal counsel familiar with the industry and each state in which that company operates.

What constitutes adverse information?
Adverse information in a consumer report could be considered anything that contradicts information the applicant has provided during the application/interview process, or anything negative that turns up in the course of looking into the applicant's background. It may be as simple and innocuous as misstating dates of employment in a previous job, or as serious as a history of violent felony convictions. There is a broad spectrum of potentially adverse information, so it is important to give some thought as to how much weight should be assigned to different types of adverse information in your hiring decision. Adverse information can be considered using the following questions:

  • How serious is the discrepancy?
  • Is it related to the duties/responsibilities the applicant will be performing?
  • How long ago did it happen?
  • Is there a pattern of discrepancies?
  • If you choose to ask the applicant directly about adverse information, do they offer a reasonable and verifiable explanation for the discrepancy?


Continue reading "Consumer Reports: How Should Potential Adverse Information Factor Into My Hiring Decision?" »


Hi All,

I just got great news! The HR Certification Institute (HRCI.org) has approved my "Get A Grip on Generations" seminar for 3 Strategic Continuing Education Credits. This means that if you attend the seminar, you get 3 credits towards your (re)certification!

Please share this news with all the HR professionals you know and they will THANK YOU! Getting 3 "strategic" CE credits is not easy because finding events/programs approved by the HRCI for credit is not easy.

There are 2 seminar dates being offered: 10/2 and 10/9. The seminars are being held in Palo Alto, CA and are open to the public. The Get A Grip On Generations seminar teaches how to attract, recruit, manage and retain Gen Y, PLUS how to create an employee benefits program for a multigenerational workforce. This is a great seminar for management development, recruiting and retention!

Here is a link for all the info and registration: http://www.generationrelations.com/getagrip

And here is info about the HRCI's certification program:

Overview: Click here to get their brochure!

HR Certification Institute offers four certifications for HR professionals:

PHR (Professional in Human Resources)
SPHR (Senior Professional in Human Resources)
GPHR (Global Professional in Human Resources)
PHR-CA and SPHR-CA (PHR with state certification in California and SPHR with state certification in California)

Certification is a voluntary action by a professional group to establish a system to grant recognition to professionals who have met a stated level of training and work experience. Certified individuals are usually issued a certificate attesting that they have met the standards of the credentialing organization and are entitled to make the public aware of their credentialed status, usually through the use of initials (i.e., PHR or SPHR) after their names.

Certifications differ from certificate programs because certifications include an experience component. Certificate programs, on the other hand, award certificates once a course of study has been completed and do not require previous work experience.

Bye for now!

Lisa Orell.jpgArticle by Lisa Orrell, Millennial & Generation Relations Expert and courtesy of Lisa's Generation Relations Blog


When the purpose of corporate training is to help employees reach a particular level of skill competence, online training is often a much better choice than traditional methods of training. Online training is an excellent means of providing convenient, assessment-driven training that enables workers to move at their own pace toward accomplishing stated training goals.

Employees often have very different entry-level skills. When faced with learning a new skill that needs to be applied on the job, some workers are likely to begin training with no prior knowledge, and others may already have advanced knowledge. When students with vastly different prerequisite skills are sitting side by side in instructor-led, fixed time frame classes, it presents unique challenges for both the learners and the instructor.

Continue reading "Online Training for Skill Development" »


Wage and hour claims continue to dominate the headlines . . .

Fastenal Pays $10 Million

Fastenal Co., a construction supply distributor, agreed to settle overtime claims for $10 million. Employees in California, Oregon and Pennsylvania alleged that the company improperly classified assistant managers as exempt, failed to pay overtime and violated meal period laws. The company denied any wrongdoing and said it entered into the settlement to avoid legal fees and the uncertainty/distraction of a trial.

Interwall Pays $1.7 Million

The California Attorney General reached a settlement with Interwall, a Southern California drywall company, for alleged overtime, meal-period and record-keeping violations. The company agreed to pay $1.4 million in damages, $200,000 in fines, $131,000 in back payroll taxes and nearly $100,000 in attorneys' fees and other costs.

Among other things, the company allegedly shifted employees among various corporate entities to avoid overtime as part of an effort to cut costs and underbid competitors. The company denied any wrongdoing.

The Lessons

Once again, one of the best ways to avoid big-ticket liability is to ensure that your company fully complies with all wage and hour laws. This is especially critical with exempt/non-exempt classifications, meal/rest period laws and record-keeping requirements. Courts (and plaintiffs' attorneys) continue to be very hard on employers where there's even a hint of impropriety.

As a starting point, check out our Fair Labor Standards Act (FLSA) Cheat Sheet here or under the "Tools & Tips" section of the Blawg.

Mark TothArticle by Mark Toth, Chief Legal Officer of Manpower's North American operations, and courtesy of Manpower Employment Blawg. Mark also serve as Chief Compliance Officer and Vice President of Franchise Relations and serve on our Global Leadership Team, North American Lead Team, Executive Diversity Steering Committee and Sarbanes-Oxley Steering Committee.


Chad Johnson, wide receiver for the NFL's Cincinatti Bengals has officially changed his last name to "Ocho Cinco". Why did he do this? There are so many issues we could dig through to get to the bottom of this, but let's just deal with the surface. Johnson (I mean Ocho Cinco) is known by his attention grabbing antics. A couple years ago, he began referring to himself as "Ocho Cinco" to pay homage to . . . himself. His jersey number was 85. He was fined by the NFL when he placed this name on the back of his jersey. Ergo, the name change.

Why can those who conduct background checks learn something from Ocho Cinco's antics? Well, because it gives us an opportunity to discuss how to conduct a thorough criminal background check. As you remember, the best practice is to conduct a criminal record search in all counties where an applicant has lived, worked or attended school over at least the last 7 to 10 years under each name used. So, if we were to conduct a Social Security Number Trace (Address History Search) on Mr. Ocho Cinco, we would find at least the following counties: Hamilton County, Ohio (Johnson's in-season hometown), Dade County, Florida (Johnson's off-season hometown) and Benton County, Oregon where Johnson attended Oregon State Univeristy. And now we know that we would find two names: "Chad Johnson" and "Chad Ocho Cinco".

Assuming that Chad was just your average job applicant, we wouldn't know that he had recently changed his last name. Therefore, the best practice would be to perform a county criminal record search in each of the aforementioned counties under each of the names.

Another celebrity who could really make us work to perform a thorough background check would be musician, Prince, who's also gone by Prince Rogers Nelson, The Artist Formerly Known as Price, The Artist and at one point just used a symbol as his name. Okay, who knows if those were all legal names? Just having fun after a long weekend.

Article by, Nick Fishman and courtesy of EmployeescreenIQ


I've been very busy lately working on a large number of projects, and one such project is analyzing and evaluating a number of social networking sites. Now, there have been a number of articles written on social networking and online community involvement, but my viewpoint may be a little different. This article is not written to endorse or condemn any social networking site, but to provide guidance on how to better utilize these sites to your advantage.

After reviewing a number of networking sites, including a number of industry specific networking sites, it became apparent to me that many recruiters are becoming modern day drifters. I use this term to describe the recruiters that wander aimlessly from community to community hoping to connect with that next candidate. I found that many recruiters have hundreds of connections on fifteen or more sites, and I wondered to myself, "How can they possibly keep up with all of these sites?" So I joined a couple networks, and made efforts to reach out. What I found is that, on average, it took almost 21 days for a response. For a recruiter looking to fill jobs quickly, this doesn't appear to be an acceptable turn around time. Also, I noticed the recruiter's profile was different on almost every site, showcasing the fact that the recruiter is, 1) Not keeping up with the site, or 2) Testing out each site for a little while, hoping to catch a candidate.

Focus on strategy
Recruiters need to focus on a strategy, get to know each site in-depth, identify the pros and cons, and build a consistent profile while managing their connections effectively.


Step 1. Identify yourself with social networks that align with your intent.
Conduct an analysis of a variety of sites, and gain familiarity with their tools and functionality, benefits, drawbacks. It is important to understand what information about the candidate you are actually deriving from this site. Ensure that the site aligns with the type of candidate you are looking for. Review a couple of the profiles on the site, as this can give you an indication as to whether or not the profiles on this site or the users of this site are a potential match for the culture at your organization. The key "alignment" questions to ask as you use a social network include:

  • Does the culture represented by the members of the site reflect the culture of your organization?
  • Does the site focus on the level of candidate you are looking to connect with?
  • Are the features functional and easy to use? You want to make sure you do not waste all of your sourcing time navigating a site with little functionality.

Step 2. Building your profile
First things first, you need to make sure your profile is consistent across the networks. If you have done your homework in step one, you should only have a few specific sites that you are working with. Make sure your profile represents the culture at your organization or firm, along with highlighting the types of candidates you generally seek. Do not open yourself up to any and all candidates as this will waste your time and build false hope for candidates you can not use. Remember that building a profile on a social network is not just a representation of you, but the organization you represent as well.


Step 3. Manage your connections
None of the social websites would be successful if people did not manage their connections. If you narrow the number of sites you align yourself with, set up your profile consistently across your select sites, and continue to stay up to date on the site, managing your connections is a breeze. Many people state that you should limit your connections only to people you know personally. I disagree. I work with only two sites, and my connection list is over 3000. Since I have aligned myself with the site that works best for my business and have built a profile reflective of my intent, even though I have a high number of connections, I receive very little traffic. The traffic I do receive is relative to what I need to accomplish, and is a request I can generally provide input on. Checking your sites often is key to making your network work. I recommend checking it as least twice a week. Again, if you have done a good job with steps one and two, your traffic should be minimal and successful.


It is easy to get caught up in the next big swing or the next fascinating site, but if you jump on the band wagon of every new community that pops up, you are truly a modern day drifter with no direction. Do your research, align yourself, manage your interactions, and you will be successful.


Article by, Ryan Loken and courtesy of Kenndy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Job interviews are starting to look a lot alike. The same questions are being asked over and over again and they are getting the same responses.

Where do you see yourself in 5 years?

What are your strengths and weaknesses?

There is nothing wrong with these questions, as long as candidates are willing to give honest answers and recruiters are willing to listen. Otherwise, it can become pretty hard to distinguish the right candidate from the bluffer.

When you see advice on career sites, you come across things like "How to explain a gap in your professional experience ", and "How to say you were fired in a positive light".

Continue reading "Who are we Kidding?" »


I get a lot of calls from potential clients asking me to blog for them. They call up, somewhat introduce themselves, then ask me how much it would cost for me to write blogposts for them.

The answer, is I don't write blogposts for people anymore. Blogging for a client is something you can only do if you're deeply embedded in the client's marketing infrastructure. You can write blogposts for them, but then why call someone like me? Copywriters abound online, and it hardly makes sense to seek me out when they can find it cheaper for someone else.

And if I do humor the person and tell them how much it would cost to hire a blogger (minimum $2000) a month, I get prices quoted back that are closer to $50 for 20 posts. What has happened, in every occasion, is the business started a blog, realized they didn't have the time or expertise to write, and so they outsourced it. A copywriter, not knowing the difference between writing and blogging, gave them good content, but no traffic, no SEO, no links, and most important, no magical, wonderful revenue stream.

Which is when they call me.

Continue reading "The First Rule Of Recruiting Blogging: Have A Point" »


Most organizations recognize that trust is an important consideration in their company's success, but many employees don't feel it is being nurtured internally. The main culprit? Top management, according to a recent study by the Institute for Corporate Productivity (i4cp). According to the survey of hundreds of companies, one out of every five respondents does not feel his or her organization engenders trust. Another 40% think trust is nurtured only to a moderate extent. When segmented between low- and high-performing companies, the difference is more stark: A full 40% of low-performing companies feel their organizations do not nurture trust, while only 16% of respondents from high-performing companies feel the same.

In line with trust issues, management's credibility is understandably also taking a hit. According to the study findings, almost a quarter of the responding organizations say their senior management team's credibility is lower than it was two years ago. That number rises to almost 30% in companies with more than 10,000 employees. A big part of management's falling credibility is the failure of senior leaders to deal with low-performing individuals or teams, with 56% of companies polled citing it as their top concern when it comes to building trust. Forty-six percent pointed to management's iffy track record regarding trust issues, and 45% said there's a feeling of "individual powerlessness" to effect change in their companies.


Article courtesy of Kennedy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


This is a guest post by Lauren Kleinman.


A new Web site, moneybackjobs is calling out the job boards:

"The industry as a whole has become too rigid, too slow to change, and unwilling to think outside the box."

Ouch.

While we are in agreement with this statement, and dig the fact that the site is opening up a revenue stream for job seekers, we're not 100% sold on the concept.

If a job seekers lands a job through moneybackjobs, they are rewarded 5 - 7.5% of their starting salary after 30 days at the new job. Employers are charged 10 - 12% of the candidate's starting salary when they make a hire. Employers can currently purchase a block of 10 job posting for $450.

So what's the catch, you ask?

Well, since the Web site just launched on August 5, 2008, there's no track record. Plus, the number of jobs currently being offered are quite limited.

Here is how it works:

*Sign up to upload your resume, as well as the option to include a link to your YouTube video profile.

*Search for jobs; the Web site will simultaneously looks to match you up with prospective employers.

*Choose what level of bonus you would like. To attain a higher bonus, you must attest that you are only looking exclusively on this Web site.

Premier Client: Save 1% of each candidate's starting salary that you hire. This means you - or anyone else form your company - will steer clear of all the major job boards (Monster, HotJobs, CareerBuilder, Craigslist, etc.)

Exclusive Client: Save 2% of each candidate's starting salary that you hire. You may not utilize any of the major job boards AND you cannot work with any other recruiting agency.

This might be a good deal, but as a rookie in the industry, moneybackjobs is certainly asking companies to take a leap of faith to save a few bucks. Also, we're not sure what the penalty is for breaking this agreement and how it will be enforced.

Job seekers can show their allegiance to the dot com as well. If you are willing to have an exclusive relationship with their job board (obviously a benefit to the employer and their site), you can bump your bonus off your starting salary to a higher level than 5%.

There's no question that the idea is innovative. And in this sluggish economy, it has the potential to succeed. As self-proclaimed career contrarians, we certainly hope they do. But first, they need to attract more job postings.

What do you think?

andrew gr.jpgArticle courtesy of Andrew G.R. and courtesy of jobacle.com - your cure for carbon copy career advice!


Learning how to recruit the best millennials is comparable to learning to drive a new car. At first, it can be kind of tricky. The brakes may be sensitive, the steering a bit stiff, and you're not sure how it'll handle a sharp turn. But once you break it in and find out what makes it tick, you'll be amazed by its performance.

As baby boomers begin to retire, millennials, or people born between 1980 and 2000, offer a wealth of much-needed talent to fill the void. They're brimming with potential; they just need a little guidance and the right management style, which involves meeting their innate needs in an environment that fosters growth.

The misunderstood generation

As with all employees, the key to recruiting the best, most engaged millennials is retaining the best. The millennials share a generational personality that is highly misunderstood by preceding generations, who often misinterpret their motivation as impatience and their enthusiasm as narcissism. Employers who manage millennials need to understand their generational footprint in order to keep this tech-savvy, plugged-in group of employees engaged in their work.

Millennials are confident and goal-oriented. They were brought up in a fast-paced, hectic environment, and their parents hustled them from soccer practice to dance class, so they're used to finishing one project and moving directly on to the next. However, unlike their parents, they view life and work as two separate entities--and life comes before work. Millennials don't view it as work/life balance, but rather life/work balance. They prefer to find a job that provides fulfillment, happiness, and a little extra cash for the weekends, rather than one that will help them save for retirement.

Retaining millenials (no question mark)

This means that to keep your millennial staffers passionate about their work, you'll have to go out of your way to challenge, as well as guide them. Give them a mentor - someone they can connect with on a personal and professional platform who will provide them one-on-one attention that will help them gain experience and knowledge. In return, the younger employees can advise the middle-aged executives on the newest technologies. In another vein, peer groups push millennials to succeed and allow for more creativity.

Also, let millennials sample more challenging work so that they know they'll have an opportunity to grow. Keep them excited about what's to come. One way to do this is to make work fun. Millennials are extremely enthusiastic and optimistic, and they crave a work environment that fosters their outgoing attitude.

Above all, it's important to show millennials respect and appreciation, just as you would with any group of employees. Millennials are smart and hardworking; they know it and they want to know that you know it. It doesn't take much to show a little appreciation. A small gesture can go a long way.

The most important thing to remember about recruiting and managing millennials is that just like buying a new pair of jeans, the perfect fit is hard to find. But with a little time and wear and tear, they become comfortable, and eventually, irreplaceable. Always keep in mind that eventually, change leads to comfort.

Article by,Tom Gimbel http://www.recruitingtrends.com/advisory_board/tony_lee.html and courtesy of Kenndy Information Recruiting Trends providing leading edge insights and strategies for the recruiting professional


Today's candidates have high expectations for the experience that is offered by a company committed to attracting and retaining Talent. From the type of information that an interested candidate is able to find about working at your company, to how initial connections are made and a relationship established, to the experience on the Career Web Site. And it doesn't stop there. Once a successful candidate becomes a hire, they also have high expectations for the on-boarding experience, the Intranet, and even after they leave in the form of the availability of Alumni networks.

This expectation isn't set by the type of experience they are used to having on career or internal company sites, rather it is set by the type of online experience that are available on much of the rest of the web where they are using social networks, blogs and articles that allow