August 2011
Greetings!

In this month's issue learn about the 2 bills that could change how you select your candidates during hiring. Check out our HR Q&A response, as well as the "Tar Baby" discussion from last month's newsletter.

Our goal is to provide you with useful information, tips, and tools you can benefit from.

 

Thanks for subscribing! 

 

HR NEWS
Fair Employment Opportunity Act 2011

Are you using an applicant's status to screen for employment? Think again! You could potentially be discriminating against the unemployed.

 

(H.R.2501 and S.1471) Two bills introduced this summer in Congress would prohibit employers from considering an applicant's status or history of unemployment when filling job openings.

 

The Fair Employment Opportunity Act of 2011 makes it illegal for employers to:

  • refuse to consider for employment or refuse to offer employment to an individual because of the individual's status as unemployed;
  • publish in print, on the Internet or in any other media, an advertisement or announcement for any job that includes any provision stating or indicating that an individual's status as unemployed disqualifies the individual for a job ("must be currently employed"); and
  • direct or request that an employment agency take an individual's status as unemployed into account in screening or referring applicants for employment

If this law passes, employers need to be very careful and will need to reconsider or review their hiring practices. If the employer was found to have violated the act, they would face penalty provisions similar to those under Title VII. The employer would be liable to the affected individual for any wages, salary, benefits or other compensation denied or lost to the individual as well as liquidated damages, attorney fees, interest etc...  

HR NEWS
EEO-1 Survey for 2011

2011 EEO-1 Survey filing deadline is September 30, 2011. Do you understand the EEO-1 requirements? 

Do you know: 

  • Are you required to complete this?
  • What time period must be used for EEO-1 employment data?
  • Whether the EEO-1 report requires applicant data?
  • How you can file EEO-1 reports?

HR Advantage Members - don't worry, we have you covered.  As part of your membership, if you are required to file, we will be doing this for you.

 

If you need help determining whether you need to file or you want us to complete this for you, please let us know.  

Our Generation Gap
Hitting a Tar Baby- Discussed (by Pat Vache)

Last month we asked our readers to share with us who they thought said, "it's like hitting a tar baby" and what it meant. 

 

How it started: In a recent Kinections meeting I made the comment, "it's like hitting a tar baby." After seeing the confusion on Mia's and Trish's face- between the three of us, we discovered that one grew up with the Uncle Remus stories, one knew only that they had become politically incorrect, and the third never heard of Br'er Fox and his woodland friends.

 

What we discovered was that we were not only spinning in a generation gap, but at the same time grappling with the movement of mores from generation to generation.

 

Little did we realize that while we were engaged in a fun dialog exploring how language can change with time, others were mired in their own sticky situation brought on by a lack of connection between their words, perceived meaning, and history- Not sure what I mean? If you are curious take a peek at a recent political article. 

 

For us, the tar baby was a metaphor for a "sticky situation" and a lesson on the easiest and most elegant way to avoid unhealthy conflict. The term tar baby comes from a 19th-century Uncle Remus story, in which Br'er Fox made a figure of sticks and tar in order to trap his adversary, Br'er Rabbit. Predictably Br'er Rabbit gets stuck in the stick and tar figure, and the more he struggles to free himself from the tar baby, the more he gets mired in his own struggle. Only when he quits his aggressive behavior, does he get free and live to tell the tale.

 

We found an easy modern day lesson to learn from Uncle Remus in our Sexual Harassment training program. It is there that we explore the 3 step plan for speaking up when encountering an offensive situation. In the 3 step plan, we discover that when facing a sticky situation the best course of actions is to:

1)    Walk away (to give yourself time)

2)    Gather you thoughts

3)    Speak up (to stop the offensive behavior)

 

By following this simple strategy in what is often a quickly escalating moment of crisis, one can defuse the immediate situation as well as give yourself the time and space to develop a plan for resolution. From time to time it is impossible to avoid the "sticky situation", but it is also not necessary to fight your way deeper into the trap.


Thanks to our many responders for taking the time to answer our post, and a special thanks to our Starbucks gift card winner, Lynn, for being the first to respond with the correct answer!

 

In This Issue
HR News:Unemployment Discrimination
HR News: EEO-1 Deadline
Generation Gap: Tar Baby Discussed
Q&A: Payment Due
Pat's Recommendation
Quick Links

FREE HR Check Up 

Even if you are an employer of one, you are still subject to many employment laws and obligations. Yet trying to stay up to date with the legalities of having employees can be mind-boggling and time consuming. One possible solution to your HR woes is the HR Check Up. This is a complimentary service that assesses and provides feedback with recommendations regarding the human resource function in your organization.  

Click here for more info. 

Q&A
Payment Due
Q: I have an employee who is scheduled to work from 8:00am-4:30pm, but sometimes/often clocks out at 4:45- do I have to pay them the extra 15 minutes, even if I didn't approve the time?  

 

A: If the employee is  non-exempt, paid hourly, then yes. Under FLSA, you are required to pay that employee "time worked" even if you didn't approve it. If they work a 40 hour work week, and work an extra 15 minutes  above the 40 hours, and it's not paid, you could potentially be violating Overtime rules.   

Have a question you'd like a response to? Email me!

Pat's Recommendation
The Necessary Revolution: How Individuals And Organizations Are Working Together to Create a Sustainable World

 

by Peter M. Senge by Crown Business
Kindle Edition ~ Release Date: 2008-06-10
List Price: $18.00
Buy Now

 

Did you know....we donate up to 50% of all proceeds from your purchases made via our Amazon Assoicates site to charity?  We typically donate to Hopelink, Juvenile Diabetes Research Foundation, Lake Washington Schools Foundation, and Northshore Schools Foundation.  If you want your charity to benefit, please let us know.  

Find Us: Find us on Facebook Follow us on Twitter

The Small Business Trusted Resource

If you would like more information or have comments/questions about what you've read, please let us know.  Send an email to: trish@hrkinections.com

 

 
Patricia Williamson
HR Kinections
o| 425-877-1373
www.hrkinections.com