Are your job posts designed to recruit the best talent?

Did you know: There are some 7.6 million unfilled jobs in the U.S., according to the U.S. Department of Labor. Poorly written job postings may be one of the reasons employers are having trouble filling open jobs. Read this blog post for more on job post design.


With job postings, it’s not what you say, but how you say it, which makes all the difference.

There are some 7.6 million unfilled jobs in the U.S., according to the U.S. Department of Labor, and poorly written job postings are the reason many employers are having trouble filling those open jobs, according to Katrina Kibben, CEO of Three Ears Media, a company that teaches recruiters how to become better writers.

“Most job postings are filled with clichés and B.S.,” Kibben said Thursday at the Greenhouse Open Conference, a gathering of HR professionals in New York City. “The most successful job postings have a heartbeat, and they spell out what’s expected from the candidate.”

Kibben said traditional job postings rely on the same tactics — all of which are ineffective. She said the majority of posts start out with “brand-first tone and jargon” in an attempt to attract talent. For example: “ABC seeks a collaborative, responsive, and dynamic non-profit development professional to lead the RCS community as our Chief Development Officer.” Kibben said this job description won’t engage potential applicants.

“It’s lame, and it doesn’t tell them why they should want to work for you,” Kibben said. “Some companies rely on brand recognizability, like Fortune 500 status, but that’s not enough to get the passionate candidates you want.”

Kibben provided a better example of an engaging job post: “Raising money isn’t everyone’s cup of tea. We’re looking for someone who’s ready to boil the water, sweeten the pot, and share the love of raising money with an enthusiastic team supporting an important cause.”

Bullet points were another typical job post feature Kibben recommended recruiters kill. While they make organizing information simple, Kibben said they don’t provide candidates with enough information about the job, and why they should apply.

“Your competitor likely has the exact same bullet points, so you need to find a way to tell candidates why you’re different from them,” Kibben said.

The way a job title is worded impacts how many applicants will see job postings online; employers who want the best visibility need to use search analytics to decide on a title, Kibben said. She recommended Google Trends because it shows searchers how often people in different regions searched for specific keywords. Sometimes, employers will find that the words they’re using are turning up searches for something entirely different.

“The phrase ‘customer service,’ for example, tends to bring up complaints, not job listings,” Kibben said. “You’ll want to adjust the wording so the candidates with the skills you want can find you.”

SOURCE: Webster, K. (17 June 2019) "Are your job posts designed to recruit the best talent?" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/are-your-job-posts-hiring-the-best-employees


A 55-year-old intern? Why older apprentices may be the answer to the talent gap

Internships and apprenticeship programs may not just be for young professionals. The DOL’s Task Force on Apprenticeship Expansion recently called for a process that would establish industry-recognized apprenticeship programs (IRAPs). Read this blog post for how older apprentices may be the answer to today's talent gap.


LAS VEGAS — Want to revitalize your workforce? Try hiring a baby boomer as your new intern.

Apprentice programs may not be just for young talents fresh out of college. Employers should study such programs for older workers, said the leader of the world’s largest HR professional society.

“We oftentimes think about apprenticeships for young people, but what about the 55-year-old who needs to work or wants to work an additional 20 years and needs to learn the new coding language?” Johnny Taylor Jr., CEO of the Society for Human Resource Management, said Tuesday during a media event at the annual SHRM conference. “So apprenticeship writ large ... it’s a broader idea than just what we all think about young people getting an opportunity.”

The comments come after the DOL’s Task Force on Apprenticeship Expansion on Monday called for a process to establish industry-recognized apprenticeship programs (IRAPs).

IRAPs will be customizable apprenticeship models that the DOL calls "a new pathway for the expansion of apprenticeships."

In addition, the proposed rule outlined the process to become a standards recognition entity (SRE), which would set standards for training, structure and curriculum for the IRAPs.

DOL would ensure that SREs have the capacity and quality-assurance processes and procedures needed to monitor IRAPs and recognize that IRAPs are high quality. The department's criteria for high-quality IRAPs include: paid work, work-based learning, mentorship, education and instruction, industry-recognized credentials, safety and supervision and adhering to equal employment opportunity obligations.

"The apprenticeship model of earning while learning has worked well in many American industries, and today we open opportunities for apprenticeships to flourish in new sectors of our economy," Labor Secretary Alexander Acosta said in a statement.

Taylor has addressed expanding apprenticeships before, noting the association has recently renewed its support by studying ways to make programs more inclusive and broaden them beyond high school or college students, he said.

“I was at a meeting the other day and they referred to restoring the dignity of the first job,” Taylor said. “That’s a real aspirational thing.”

Employers also need to do more to tap hidden pools of skilled labor from the disabled to the formerly incarcerated to bridge the workplace talent gap in the United States, he said.

“How do we do that? For example, instead of a four-year college experience, maybe it’s a six-year average college experience because you go knock out your first two years,” and break up subsequent educational experiences between semesters of work, school or a mix of both combined with work internships.

The former labor employment lawyer also said key themes that SHRM is focused on this year include workplace culture, age discrimination, diversity and reskilling the U.S. workforce for the jobs of the future.

“Everyone is talking about work,” Taylor said. “It’s a great time to be in HR.”

Additional reporting by Nick Otto.

SOURCE: Siew, W. (26 June 2019) "A 55-year-old intern? Why older apprentices may be the answer to the talent gap" (Web Blog Post). Retrieved from https://www.benefitnews.com/news/shrm-calls-on-expanding-workforce-apprenticeships


What HR can do about the measles — and what it can't

A recent report from the Centers for Disease Control and Prevention (CDC) shows that measles has been confirmed in 26 states since the beginning of 2019. This affects not only schools, medical facilities and public areas, but also the workplace. Read on to learn what HR can do and cannot do about the measles.


After decades of near-eradication in the U.S., measles is making a comeback. Its return affects not only schools, medical facilities and public areas, but also the workplace.

As of May 24th, there were 535 confirmed cases of measles in Brooklyn and Queens since September, according to the New York City Department of Health and Mental Hygiene. On the other side of the country, the Los Angeles Times recently reported a confirmed case of measles linked to Google's Mountain View campus.

Measles has been confirmed in 26 states since the start of 2019, as of May 24, according to the Centers for Disease Control and Prevention (CDC) — the greatest number of cases reported in the U.S. since 1994; measles was actually declared eliminated in 2000.

Given that measles is "very contagious" and can lead to serious health complications, HR needs to know how to keep employees safe while at the same time remaining in compliance with all applicable health privacy and anti-discrimination laws.

Measles transmission and symptoms

"Measles spreads when a person infected with the measles virus breathes, coughs, or sneezes," said Martha Sharan, Public Affairs Specialist at the CDC, speaking to HR Dive via email. "It is very contagious. You can catch measles just by being in a room where a person with measles has been, up to two hours after that person is gone. And you can catch measles from an infected person even before they have a measles rash."

In addition to a fever that can get high, Sharan said, other possible symptoms include cough, runny nose, and red eyes; a rash of tiny red spots that starts at the head and spreads to the rest of the body; diarrhea; and an ear infection.

Can employers require vaccinations?

In general, requiring employees to get vaccinated is a legally risky proposition for employers; there are some limited exceptions for employers in the healthcare field.

However, many employers — particularly those in the healthcare field — are "starting to be a little more aggressive in terms of asking employees whether they have been vaccinated as the [measles] outbreak continues and in some cases continues to grow," according to attorney Bradford T. Hammock, a shareholder at Littler Mendelson P.C.

"Employers must be very careful about these types of inquiries, but some healthcare employers have made the determination that this is permissible under the [Americans with Disabilities Act] as job-related and consistent with business necessity," Hammock said. He added that employers must also be aware of state and local considerations.

Steve Wojcik, VP of public policy at the National Business Group on Health, said the current concern about measles provides employers with an excellent opportunity to communicate the importance of vaccines and immunizations generally. "Remind employees that the measles vaccine is free, essentially, with no cost-sharing as it is one of the preventive services under the Affordable Care Act. It's a good reminder about preventive services in general."

Wojcik added that employers should encourage employees to check their specific vaccination records to confirm not only that they have received the measles vaccine, but that they have been effectively vaccinated. "Depending on age and when you were vaccinated, some early vaccines may not have been as effective as once thought," he said. Wojcik said that employees born in or before 1956 are assumed to have been exposed to the measles at some point and have some natural immunity, but in the early 1960s, the measles vaccine was "not so good," he said. "It's not as simple as flu or other vaccines."

If your workplace has been exposed

Whatever you do, "be incredibly careful about privacy," said attorney Carolyn D. Richmond, a partner at Fox Rothschild LLP. "Don't go announcing that 'Joe Smith has measles!'" Instead, Richmond advised, "call the local department of health first and find out what they have to say. Every jurisdiction has little tweaks that may affect reporting."

While you can send out a notice to employees stating they may have been exposed to measles, "again, be super careful and don't hint who it might be," she cautioned. "Your local health department will be able to tell you what you can say."

Get your leave policies in order

"Those sick with measles should stay at home for at least four days after developing the rash," said Sharan. "Staying home is an important way to not spread measles to other people. They should talk to their doctor to discuss when it is safe to resume contact with other people."

Wojcik recommended working from home and flexible work arrangements for employees who may have been exposed, particularly those who live in (or have traveled to) areas with known outbreaks. Richmond also suggested providing PTO or work-from-home arrangements for employees who have not been vaccinated or who are immunocompromised.

"We assume that those with measles will absent themselves from the workplace, and an employee with measles may be out for a number of days or longer. Follow your policies and practices with return to work," Richmond told HR Dive in an interview.

Stay in touch with your local health department and the CDC

"Continue to be in contact with your local health department, and follow along with the CDC in terms of guidance," advised Hammock. "Depending on the status of the measles outbreak in your particular area, the analysis may be different."

Richmond concurred. "Contact your local health department and your local counsel — and contact your local health department first. The bottom line is privacy, privacy, privacy."

SOURCE: Carsen, J. (29 May 2019) "What HR can do about the measles — and what it can't" (Web Blog Post). Retrieved from https://www.hrdive.com/news/what-hr-can-do-about-the-measles-and-what-it-cant/555219/


7 HR technologies for managing the employee lifecycle

What do you consider your company’s most valuable resource? While employees are often considered an organization’s most valuable resource, the best results often come when great workforces are provided with great technology. Continue reading this blog post for seven HR technologies that help manage the employee lifecycle.


It’s no secret employees are the foundation of any company: Without them, products can’t be made, services can’t be provided and customers can’t be satisfied.

That’s why an organization’s workforce is often considered its most valuable resource — because while great people can overcome a lack of process or technology, it’s much harder to forego having great people in place. Still, the best results come when great people are provided great technology and supported by great processes.

But the constant flow of employees in and out of an organization can make effectively and efficiently managing the support needed at each stage of the employee lifecycle a difficult task for employers and human resources teams. Luckily, these HR technologies can help with managing the employee lifecycle.

Applicant tracking system

An applicant tracking system is an online platform that simplifies and streamlines the entire recruitment process — from sourcing to selection — by allowing recruiters and hiring managers to seamlessly direct every stage of the process all from one electronic system, eliminating the never-ending paper chase of traditional recruiting. Every ATS is different, but most will include access to an online resume database, automated hiring workflows, communication capabilities and reporting tools.

Onboarding

Half of all new workers leave their jobs within the first 90 days of employment. Organizations with successful onboarding programs, however, have significantly better new hire retention rates.

A big component of a successful onboarding program is removing the hassle of all that tedious paperwork employees have to complete. The first day on the job is already stressful enough for a new hire without the added inconvenience of required employment paperwork. Investing in an online employee onboarding technology platform allows employees to complete the majority of this paperwork (like W-4s, direct deposit authorizations, I-9 forms and other consent forms) well before their first day. Electronic employee onboarding programs also reduce paper costs while minimizing the possibility of errors by providing new hires online access to all necessary employment forms so they can easily review, complete, sign and submit their forms within minutes.

Benefits enrollment

Switching from a paper-based benefits enrollment process to an online enrollment process comes with a wide array of advantages. Not only does an online benefits enrollment process save time, but it also gives employees the time and independence to make their own elections, and helps reduce costly mistakes and errors.

Time and attendance

Online time and attendance platforms not only reduce errors and help managers keep track of days of requests, they also are vastly more efficient for employees to use than paper-based timekeeping systems. (Along with some other really great advantages.)

Payroll processing

Payroll is one of the biggest line items in an organization’s budget. Processing payroll also can be one of the most time-consuming aspects of an organization’s HR functions, and when it’s not done right it can also be the source of some serious employee complaints.

Payroll technology platforms help minimize the potential for errors, and can greatly reduce the time it takes to process a payroll.

eLearning/learning management systems

With the “skills gap” widening as older employees exit the workforce faster than new employees can fill their shoes, employee development initiatives and corporate training programs have become a priority not only amongst large employers, but small and mid-size businesses as well.

Online learning management systems provide employers with convenient options to help train and develop their workforce’s skills and abilities.

Performance management

As with many employee management functions, employers are now taking advantage of online HR technology platforms that allow them to more efficiently streamline the performance management process. In many cases, an online performance management tool allows employers to more effectively evaluate and record employee performance, as well as providing a place for managers and employees alike to keep track of organizational and personal performance goals, record journal entries and maintain an ongoing performance record. These platforms tend to be more popular among larger organizations, mostly because small and medium-sized businesses often feel the price is prohibitive unless they can access discounted rates through an HR outsourcing provider.

SOURCE: Grijalva, A. (5 June 2019) "7 HR technologies for managing the employee lifecycle" (Web Blog Post). Retrieved from https://www.benefitnews.com/list/hr-technology-for-managing-the-employee-lifecycle


Talent test-drive: Micro-internships may benefit students and employers alike

Are you looking to hire interns this summer? Micro-internships are project-based internships that are emerging as a way for students to get a foot in the door and for employers to test talent before hiring someone on. Continue reading to learn more.


"Micro-internships," or project-based internships, are emerging as a way for students to get a foot in the door and for employers to test talent before making a commitment.

Lasting just days or weeks, micro-internships can create a more meaningful experience, too, according to Jeffrey Moss, CEO of Parker Dewey, a platform that enables such arrangements. Rather than longer programs that involve a fair bit of busy work, micro-internships often focus on one, substantive project.

This could have an intern writing a blog post or compiling research, for example, he said. For many companies, these are tasks that are important, but don't always get done. "It gives the career professional or student early insight into what the job is really about," said Moss, "and manager buy-in is high. Rather than a department head trying to create an interesting day or weeks full of intern work, micro-interns get specific projects done for the manager."

Testing talent before you hire

For employers looking to test drive talent, Moss said, micro-internships offer insight into the way a person works. Projects are tangible and can demonstrate how someone executes instructions. For students or career re-launchers, they offer a chance to showcase their talents as they grow. "They develop an authentic relationship with someone who may be their manager down the road," said Moss. "They're paid for their work and get real-world experience for their resume, typically in a few days or weeks, and generally done remotely."

The ability to work remotely creates a more democratic system for interns, as well. Students who don't have access to large markets or businesses can still get a foot in the door. For underserved populations, that access could be a key factor in their career trajectory.

Immediate gratification

Adam Rekkbie was an undergraduate at Bentley University when he learned about the opportunity to do project work through Parker Dewey. He emailed HR Dive from Peru to talk about his experience: "I figured this would be a good way for me to earn a little extra money while also expanding on my skills and learning more about different industries," he said.

Generally, employers choose students to work on a project, building a relationship with them and offering help along the way, Moss said.

Rekkbie has completed nine projects to date, and they run the gamut: market research, creating a business plan for a doctor, migrating and cleaning up data, product research and more.

Everybody wins

Rekkbie said the arrangement was a win-win for him and the employers. As a full-time student, he enjoyed the flexibility of working around his schedule. He also said he gained insight into a broad range of industries while still making money.

And employers say the fast access to high-quality talent is invaluable. Ryan Sarti, director of marketing and sales operations at Sturtevant Richmont, is a convert. In a one-person department, he told HR Dive, there are lots of projects that are high priority, but bandwidth is limited. With micro-internships, he can spell out what he needs and when and then choose among candidates; "I can organize a project quickly, hand it off with minimal time and feedback, and get really good high quality work done."

Larger companies are using these as a way to test potential employees, Moss said. Microsoft, for example, is using micro-internships for immediate support and early access to talent.

Growing the talent pool

Feedback throughout the project is open-ended. Sarti said he likes to give and get detailed comments. Interns ask good questions, he said, and the more feedback you give, the more they grow. That's critical because, after all, they may be working with you one day, he said.

Rekkbie noted the networking opportunities, too: "I have had a couple clients I did work for come back to me and ask for help on additional projects because of how satisfied they were with my initial work," he said. "These clients also provide me with valuable insights related to careers."

And while students may not snag a job directly from the internship, Moss said, they'll be better able to articulate to other employers the direct experience they have.

SOURCE: O'Donnell, R. (28 May 2019) "Talent test-drive: Micro-internships may benefit students and employers alike" (Web Blog Post). Retrieved from https://www.hrdive.com/news/talent-test-drive-micro-internships-may-benefit-students-and-employers-ali/555487/


How to Respond to the Spread of Measles in the Workplace

How are you responding to the spread of measles? With measles now at its highest number of cases in one year since 1994, employers are having to cooperate with health departments to fight the spread. Continue reading this blog post from SHRM to learn more.


Employers and educators are cooperating with health departments to fight the spread of measles, now at its highest number of cases in one year since 1994: 764.

Two California universities—California State University, Los Angeles (Cal State LA) and the University of California, Los Angeles (UCLA)—recently quarantined staff and students at the request of local health departments.

In April at Cal State LA, the health department told more than 600 students and employees to stay home after a student with measles entered a university library.

Also last month, UCLA identified and notified more than 500 students, faculty and staff who may have crossed paths with a student who attended class when contagious. The county health department quarantined 119 students and eight faculty members until their immunity was established.

The quarantines ended April 30 at UCLA and May 2 at Cal State LA.

Measles is one of the most contagious viruses; one measles-infected person can give the virus to 18 others. In fact, 90 percent of unvaccinated people exposed to the virus become infected, the U.S. Centers for Disease Control and Prevention (CDC) notes.

Action Steps for Employers

Once an employer learns someone in the workplace has measles, it should immediately send the worker home and tell him or her not to return until cleared by a physician or other qualified health care provider, said Robin Shea, an attorney with Constangy, Brooks, Smith & Prophete in Winston-Salem, N.C.

The employer should then notify the local health department and follow its recommended actions, said Howard Mavity, an attorney with Fisher Phillips in Atlanta. The company may want to inform workers where and when employees might have been exposed. If employees were possibly exposed, the employer may wish to encourage them to verify vaccination or past-exposure status, directing those who are pregnant or immunocompromised to consult with their physicians, he said.

Do not name the person who has measles, cautioned Katherine Dudley Helms, an attorney with Ogletree Deakins in Columbia, S.C. "Even if it is not a disability—and we cannot assume that, as a general rule, it is not—I believe the ADA [Americans with Disabilities Act] confidentiality provisions cover these medical situations, or there are situations where individuals would be covered by HIPAA [Health Insurance Portability and Accountability Act]."

The employer shouldn't identify the person even if he or she has self-identified as having measles, Mavity noted.

Shea said that once the person is at home, the employer should:

  • Inform workers about measles, such as symptoms (e.g., dry cough, inflamed eyes, tiny white spots with bluish-white centers on a red background in the mouth, and a skin rash) and incubation period—usually 10 to 12 days, but sometimes as short as seven days or as long as 21 days, according to the CDC.
  • Inform employees about how and where to get vaccinations.
  • Remind workers that relatives may have been indirectly exposed.
  • Explain that measles exposure to employees who are pregnant or who might be pregnant can be harmful or even fatal to an unborn child.
  • Explain that anyone born before 1957 is not at risk. The measles vaccine first became available in 1963, so those who were children before the late 1950s are presumed to have been exposed to measles and be immune.

Employers may also want to bring a health care provider onsite to administer vaccines to employees who want or need them, Shea said.

"Be compassionate to the sick employee by offering FMLA [Family and Medical Leave Act] leave and paid-leave benefit options as applicable," she said.

When a Sick Employee Comes to Work Anyway

What if an employee insists on returning to work despite still having the measles?

Mavity said an employer should inform the worker as soon as it learns he or she has the measles to not return until cleared by a physician, and violating this directive could result in discipline, including discharge. A business nevertheless may be reluctant to discipline someone who is overly conscientious, he said. It may opt instead to send the employee home if he or she returns before being given a medical clearance.

The employer shouldn't make someone stay out longer than is required, Helms said. Rely instead on the health care provider's release.

SOURCE: Smith, A. (9 May 2019) "How to Respond to the Spread of Measles in the Workplace" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-respond-spread-measles-workplace.aspx


Extended reality promises a holistic training experience, experts say

Employers are beginning to embrace the use of virtual environments for employee training and development programs. Are you? Read this blog post from HR Dive to learn more.


As more employers embrace virtual environments for training, tech gurus are fine-tuning the technology to be more accessible to employers. Some organizations have developed apps to take employees through soft skills training; others customized VR experiences to suit their specific training needs.

As the potential of AR and VR technology continues to unfold, and workforces reap benefits from using it, employers will need to decide how to best implement the tech in their own learning and development initiatives.

Why merge AR, VR and L&D?

When it comes to virtual training, XR (extended reality, which includes VR and AR) may the best option for employers with tricky needs, according to Toshi Anders Hoo, emerging media lab director at the Institute for the Future. "XR training is valuable in situations when the experience is too expensive, too far away, too infrequent or too dangerous," he told HR Dive. "It allows users to experience pretty close to what it's like, and that includes the physical and psychological experience."

XR isn't just for standard operating procedures, Anders Hoo added; it creates a holistic understanding, providing emotional preparedness for difficult situations. He cited Walmart's well-known VR training, which prepped employees for Black Friday shopping, but noted that the applications can be even more varied. XR can acquaint learners with the emotional experience of public speaking, uncover hiring biases or replicate the pressure of a surgical operating theater, he said.

AR and VR can also help employers better understand workers' strengths and weaknesses, Amy Vinson, associate director, safety analytics, health and safety at Tyson Foods told HR Dive in an email. It can also enforce better, safer working habits. "[Trainees] can put on goggles and virtually practice operating our plant's robotic arm to safely stack heavy boxes in high areas," she said. "It helps team leaders better understand training areas that may require extra attention."

XR can also be "an empathy engine," Anders Hoo noted, by providing anyone with a perspective on an unfamiliar challenge. "Consider a medical emergency: the learner can be the doctor, watching a patient bleed, or a loved one, helpless to assist. These scenarios have major implications for critical thinking and to help learners expand their points of view."

How does it work for learners?

The biggest challenge for classroom learning is retention, according to Shawn Gentile, training content development and delivery leader at Vitalyst, because the majority of knowledge is lost over time. Simulation-based learning, however, can be done continuously, said Gentile; "Learners can go right back into the simulation and continue to build on their competence.

And when L&D pros are examining why training is or isn't working, the tech can eliminate some of the guesswork, he said. "With simulation-based training, you can see where they're not learning and why, targeting learning points to increase retention." Accessing this data removes deviation points and allows training to focus on the organization's objectives, he added. Uniformity is another consideration: Different instructors may perform training differently, but the consistency of AR and VR training provides better knowledge, higher retention rates and a better ability track failures and update training to meet objectives, according to Gentile.

Anders Hoo said that XR, unlike video-based training, is more than the mere "illusion of learning." Videos can give learners the false perception the task they're learning will be as easy in real life as it looks, which can create performance gaps and discourage some, Anders Hoo said. However: "If you show someone a video of someone juggling," he said, "but they're holding the juggling club, they're much less likely to be discouraged when trying to learn the skill."

Forecasting the future

One concern to consider, according to Anders Hoo, is data privacy. XR captures biometric data that can identify a person by how they move their hands and head. In a one-hour VR session, he said, thousands of data points are captured that can potentially be used to later identify someone in, for example, a surveillance camera. Next-generation XR will have eye tracking capabilities and may even be able to track your heart rate and emotional state, he said. "The same systems that allow us to have more immersive experience are the same that make for very sophisticated surveillance systems," he said. As with all new HR tech, L&D pros will have to remember to ask the right questions.

For Anders Hoo, one of the most interesting things about this futuristic tech is that it's really not new at all. It was adopted in the early twentieth century for flight simulations. Almost 100 years later, it's still seen as the newest thing because developers have begun to iterate on it more. "People overestimate the impact of tech in the short term," he said, "and underestimate its impact long term."

SOURCE: O'Donnell, R. (21 May 2019) "Extended reality promises a holistic training experience, experts say" (Web Blog Post). Retrieved from https://www.hrdive.com/news/extended-reality-promises-a-holistic-training-experience-experts-say/554872/


3 summer workplace legal issues and how to handle them

Summer is right around the corner, leaving employers little time to brush up on seasonal employment law issues. Issues such as hiring interns, dress code compliance and handling time off requests can cause legal issues for employers. Read this blog post to learn more.


Summer is almost here and with that comes a set of seasonal employment law issues. Top of the list for many employers includes hiring interns, dress code compliance and handling time off requests.

Here’s how employers can navigate any legal issues that may arise.

Summer interns

Employers looking to hire interns to work during the summer season or beyond should know that the U.S. Department of Labor recently changed the criteria to determine if an internship must be paid. In certain circumstances, internships are considered employment subject to federal minimum wage and overtime rules.

Under the previous primary beneficiary test, employers were required to meet all of the six criteria outlined by the DOL for determining whether interns are employees. The new seven-factor test is designed to be more flexible and does not require all factors to be met. Rather, employers are asked to determine the extent to which each factor is met. For example, how clear is it that the intern and the employer understand that the internship is unpaid, and that there is no promise of a paid job at the end of the program? The non-monetary benefits of the intern-employer relationship, such as training, are also taken into consideration.

Though no single factor is deemed determinative, a review of the whole internship program is important to ensure that an intern is not considered an employee under FLSA rules and to avoid any liabilities for misclassification claims.

Companies also should be aware of state laws that may impact internship programs. For example, California, the District of Columbia, Illinois, Maryland and New York consider interns to be employees and offer some protections under various state anti-discrimination and sexual harassment statutes.

All employers should be clear about the scope of their internship opportunities, including expectations for the relationship, anticipated duties and hours, compensation, if any, and whether an intern will become entitled to a paid job at the end of the program.

Summer dress codes

Warmer temperatures mean more casual clothing. This could mean the line between professional and casual dress in the workplace is blurred. The following are some tips when crafting a new or revisiting an existing dress code policy this summer.

If the dress code is new or being revised, the policy should be clearly communicated. Sending a reminder out to employees may be helpful in some workplaces. In all cases, the policy should be unambiguous. List examples to make sure there is no confusion about what is considered appropriate and explain the reasoning behind the policy and the consequences for any violations.

To serve their business or customer needs, companies may apply dress code policies to all employees or to specific departments. They should also make sure the dress code does not have an adverse impact on any religious groups, women, people of color or people with disabilities. Company policies may not violate state or federal anti-discrimination laws. If the policy is likely to have a disparate impact on one or more of these groups, employers should be prepared to show a legitimate business reason for the policy. Also, reasonable accommodations should be provided for employees who request one based on their protected status. For example, reasonable modifications may be required for ethnic, religious or disability reasons.

Finally, failure to consistently enforce a neutral dress code policy or provide reasonable accommodations can expose a company to potential claims. As always, dress codes and any discipline for code violations should be implemented equitably to avoid claims of discrimination.

Time off requests

Summer time tends to prompt an influx of requests for time off. Now is a good time to review policies governing time off, as well as the implementation of those policies to ensure consistency. Written time off policies should explicitly inform employees of the process for handling time off requests and help employers consistently apply the rules.

An ideal policy will explain how much time off employees receive and how that time accrues. It also will include reasonable restrictions on how time off is administered such as requiring advance approval from management, and how to handle scheduling so that business needs and staffing levels are in sync.

Most importantly, time off policies and procedures must not be discriminatory. For instance, if a policy denies time off or permits discipline for an employee who needs to be out of the office on a protected medical leave, the policy could be seen as discriminating against employees with disabilities. Companies should train their managers on how to administer time off requests in a non-discriminatory manner. Employers generally have the right to manage vacation requests, however protected leave available to employees under federal, state and local laws adds another layer of complexity that employers should consider when reviewing time off requests.

To minimize employment issues this summer and all year around: plan ahead, know the relevant employment laws and train managers and supervisors to apply HR best practices consistently throughout the organization.

SOURCE: Starkman, J.; Rochester, A. (23 May 2019) "3 summer workplace legal issues and how to handle them" (Web Blog Post). Retrieved from https://www.benefitnews.com/opinion/how-employers-can-handle-summer-workplace-legal-issues