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Are You Engaging in Age Discrimination?

October 30, 2019 by Pamela Leave a Comment

You say to yourself “Of course not”, but are your employment activities inline with this belief?

The Age Discrimination in Employment Act (ADEA) was passed nearly 50 years ago yet the Congressional Statement of Findings and Purpose are still applicable today:

(a) The Congress hereby finds and declares that-

(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs;

(2) the setting of arbitrary age limits regardless of potential for job performance has become a common practice, and certain otherwise desirable practices may work to the disadvantage of older persons;

(3) the incidence of unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer acceptability is, relative to the younger ages, high among older workers; their numbers are great and growing; and their employment problems grave;

(4) the existence in industries affecting commerce, of arbitrary discrimination in employment because of age, burdens commerce and the free flow of goods in commerce.

(b) It is therefore the purpose of this chapter to promote employment of older persons based on their ability rather than age; to prohibit arbitrary age discrimination in employment; to help employers and workers find ways of meeting problems arising from the impact of age on employment.

The ADEA applies to workers that are 40 or older – with increased longevity and that older workers want to remain in the workforce – 40 seems to be a very young age.

Recruitment & placement is probably the area most likely to run afoul of the ADEA. Consider these:

  • Where are you focusing your recruitment budget? Is it college campuses or on Facebook?
  • What language are you using in your job postings? For example, ‘digital native’ is a term most likely to be associated with a younger worker
  • What do you ask for experience? Should you be using three to five years or at least three years?
  • Do you ask for school graduation dates?

These are just a few of the common errors I see from small businesses – while unintentional they still have the same negative impact on older workers.

What are some examples you have seen that may be considered age discrimination? Are there grey areas that you would like guidance on?

Filed Under: Uncategorized

WA Employers – are you prepared for the upcoming Minimum Wage increase?

October 24, 2019 by Pamela Leave a Comment

Minimum wage photo

Initiative 1433 was approved by Washington voters in the fall of 2016 which implemented paid sick leave and an increase in the minimum wage. Though the increases since 2018 have been gradual, the upcoming 2020 minimum wage is the highest jump provided for in the legislation. On January 1, 2020, Washington’s minimum wage will be $13.50, a 12.5% increase from the 2019 rate. 

If you have any questions about this or any other HR issue, please contact me at Pamela@metzano.com. 

Filed Under: Uncategorized

Do You Need an Employee Handbook?

October 24, 2019 by Pamela Leave a Comment

The short answer is an empathetic YES! Unfortunately, most small businesses don’t have one. Why?

  • I don’t have enough employees to need one
    • Even if you only have a handful of employees you need one
  • I treat my employees well
    • ‘Well’ is a subjective term; what you think is good may be perceived differently by an employee
  • My employees would never file a claim against me
    • Not true – unfortunately you’ll eventually have a disgruntled employee

What exactly is an employee handbook? It’s a living document for policies, procedures and working conditions. It is for the benefit of both the employee and employer to create an environment where people know the expectations in the day-to-day workplace. It’s also an extremely useful tool for an employer as it encourages thoughtful evaluation to create the standards for the company – this avoids inadvertently creating a past practice that the employer can be stuck with. It can also help protect you from lawsuits, such as claims for harassment, wrongful termination and discrimination.

What is included in an employee handbook?

  • Employment relationship including Classification, Hours of Work, Meal & Rest periods, Overtime, Performance Management and Pay
  • Workplace guidelines including Attendance, Job Performance, Discipline and Social Media use
  • Time off including Holidays, Vacation, Sick Leave and Family Leave
  • Benefits including Medical, Dental and Vision, Life Insurance, Disability, Workers’ Compensation and Retirement plans
  • Conflicts of Interest and Confidential Information

Creating an Employee Handbook is not as arduous as you might think and Metzano can provide a cost-effective solution. Contact us at Pamela@Metzano.com for a complimentary evaluation.

Filed Under: Uncategorized

The Top Nine Types of Recruiting

July 24, 2018 by Pamela 1 Comment

The talent acquisition world encompasses many types of recruiting. It got me thinking; How many types of recruiting options are available? How does a small business decide what type is right for them?  I’ve compiled a list of the most common types of recruiting methods to help employers.

Online recruitment- Online recruitment is a very common way for hiring managers to search for candidates or to post a job. There are many different job boards available. For example, Indeed, Monster, CareerBuilder, just to name a few. These are online platforms where both employers and employees can find information.

Social Media recruiting- This is becoming more popular as technology is rapidly changing and growing. Sites like LinkedIn, Facebook, and Twitter have many top companies using the job portals to find a techier candidate.

Employee poaching- Poaching a potential employee is an old technique still used in more niche markets where a specific skill set is required to perform the job. There are mixed emotions with this type of recruitment.

Direct recruitment- This is done by an internal recruiter who sets up booths at career fairs, college campuses, etc. The potential candidate can speak directly with a representative of the company they would like to work for, prior to an official interview.

Internal recruitment- This is done within the company. An internal job posting where current employees can apply for an open position.

External recruitment- External recruiting is a common option for most smaller business where they don’t have an in-house recruiter or human resources. This option would encompass contract recruiters, staffing agencies, or consulting companies. Basically, it’s outsourced for a better candidate pool or skill set the employer doesn’t possess themselves.

Global recruitment- This is a special type of recruiting done when an employer is looking for candidates from other countries. The best way to handle this is to be in touch with recruiting agencies from the country in which you wish to find employees. There are a lot more details and laws associated when hiring from other countries.

Employee referrals- This is the most common practice for small businesses when looking to fill an open position. Employee referrals bring a candidate that will most likely already be a culture fit. Many employers pay a bonus if a referral is hired and stays a certain amount of time. This not only benefits the employer but the current employee.

Mobile recruitment- This is the new, latest and greatest trend in recruiting. Social media apps! Snapchat is an app that many companies are using to attract talent to retail and fast food industries. McDonald’s is a great example.

Determining which is the best option for your company will depend on many different factors. What is your hiring budget? Timeline to fill a position? Does a hiring manager have the skills to recruit? This is not a complete list but deciding what type or types of recruiting are right for your employer should be a little easier now that you know the options available.

Shelly Wallace Johnson, aPHR

Filed Under: Uncategorized

Employee-led Learning

June 28, 2018 by Pamela 11 Comments

As the skill shortage gap continues to grow, employers are constantly looking for ways to increase skills and keep the business competitive. Employee-led learning is one way employers are moving towards closing the gap. As most of us know, people do not all learn the same. Age is a factor, and with up to five generations in the workplace, the ‘one size fits all’ approach just doesn’t work.

What is employee-led learning?

Employee-led learning is described as an employee taking charge of their own personal and professional development, within company regulations. When employees are responsible for their own growth they feel empowered. Riia O’Donnell states in ‘Employee-led learning: Allowing workers to stray from the beaten path’, “For learners, the need to keep pace with change in a personalized way is driving the shift. The idea is that employees are often in the best position to know what they need to perform and address the needs of their customers.”  With this type of learning, employers or learning and development teams will still need to keep track of how much and who is doing the learning. They also must make sure the content employees are learning is beneficial for business needs as well as employees.

How does a company implement this type of learning?

There are many software companies available that are conforming to this newer way of learning and adjusting their products to fit the need. One thing required is on-demand training. A way for employees to utilize the training at their pace and track their progress. A second is allowing for comments and feedback. The L & D team should be tracking progress as well, then follow up with employees as they reach predetermined points to have these conversations. A third is offering multiple ways of receiving the training. For example, power points, videos with quizzes, or in person trainings with co-workers. The last suggestion is to create a culture of learning from a new hire to the CEO.

Annika Willers tells us in ‘Employee-Led Learning – On our way to Modern Workplace Learning and Empowerment’, “While this might sound as if employees’ needs are put on top of the company’s requirements, supporters of this style actually have a mutual benefit in mind. Companies improve their workforce quality, time-to-market and competitive value by having employees set goals to achieve just this.” Implementing this newer style of learning is allowing companies to close that skill gap a little, retain employees longer, and keep business moving forward and competitive.

 

Shelly Wallace Johnson, aPHR

Filed Under: Uncategorized

Have tips for a strategic approach to the C-Suite?

June 15, 2018 by Pamela Leave a Comment

What techniques are effective to create a collaborative relationship between HR leaders and the C-suite? I’m not speaking of a ‘seat at the table’ – organizations move too fast to be sitting down! However, time and time again, we hear about how HR believes they aren’t a part of the strategic direction of an organization – of which they most definitely should be.

The HR function is integral to any organization and without participating in strategic decisions, HR operates in a silo. There have been endless discussion/research/conferences on this topic but, for the most part, it’s a one-sided dialogue – we are talking mostly to ourselves rather than our leadership.

An introduction to interesting SHRM webcast notes:

“Despite decades of talk about HR stepping up to a strategic role and gaining a seat at the table, business leaders are still twice as likely as HR professionals to describe their HR teams as “reactors,” rather than as “partners” or “anticipators of business needs.”

NOTE: This webcast is available through July 2018 at http://bit.ly/2LPEqL5

Why is this still an issue? Is HR somehow missing the boat when it comes to understanding the language of the business? Are leaders still not convinced that HR can be an extremely beneficial partner, not just a necessary evil? I see a lot of HR titles that include VP or Chief but are these just platitudes rather than truly being a partner with leadership?

I’m curious to know what tips and tactics you’ve used to succeed in truly being a part of the leadership team. It’s much more than just the CEO and CHRO, but also the rest of the management team such as VPs and Directors. I believe this can only be overcome when the environment and culture think of HR’s involvement as part of the DNA. We’re making progress, but are we succeeding?

Would love to know your thoughts on this issue.

 

Pamela Harding, sHRBP, SHRM-SCP, SPHR
CEO

Filed Under: Uncategorized

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