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“The Business of Architecture” Small Practice Management Workshop Employment Law, Recruiting, & Generations in the Workforce Wendy Shannon, M.S., SPHR Human Resources Works, LLC Federal Laws Civil Rights Acts EEOC Laws DOL Laws Other Laws Government 101 Federal Legislative Congress (enacts the law) Executive President (enforces the law) Judicial State County Municipalities Supreme & District Courts (interpret the law) New Mexico State Employment Laws • 1 or more employee(s): – Unemployment, worker’s compensation and minimum wage – Employee Privacy Act – Smoker/non-smoker – Final Pay Check • 4 or more employees: – New Mexico Human Rights Act – Worker’s Compensation Insurance NM State Employment Laws Cont • 15 or more employees: – Amended Human Rights Act – sexual orientation or gender identity Federal Employment Laws 1 employee or more: – – – – – – – – – – – – Wage Garnishment Act Fair Labor Standards Act (FLSA) Occupational Safety and Health Act (OSHA) Federal Tax, Fica, Social Security Employee Retirement Income Security Act (ERISA) & others Immigration and Reform Act Health Insurance Portability and Accountability Act (HIPAA) Civil Rights Act of 1866 Uniformed Services Employment & Re-employment Rights Act Employee Polygraph Protection Act Equal Pay Act Fair Credit Reporting Act 15 or more Employees: • • • • Title VII of Civil Rights Act (1964) Sexual Harassment Compliance Pregnancy Disability Act Americans with Disabilities Act (ADA) 20 or more employees: • Age Discrimination in Employment Act Older Workers Benefit Protection Act • Consolidated Omnibus Budget Reconciliation Act (COBRA) Protected Classes: Race and color Sex Age (over 40) National origin Religion Citizenship Marital status Pregnancy Disability Sexual orientation Vietnam Era Veteran Status Civil Rights Act of 1964 Prohibits discrimination on the basis of race, religion, color, gender, national origin and sex. Most discrimination suits today are filed under Title VII of this Act N.M. Human Rights Act of 1969 Prohibits discrimination in employment, housing, credit and public accommodations on the basis of race, color, national origin, ancestry, religion, sex, age, physical or mental handicap, or serious medical condition. Equal Pay Act of 1963 To prevent differences in pay based only on the sex of a worker Age Discrimination in Employment Act of 1967 Protects people over the age of 40 from discrimination Pregnancy Discrimination Act of 1978 Amends Title VII to include discrimination on the basis of pregnancy, childbirth, or other related medical conditions Americans With Disabilities Act of 1990 Assists individuals with disabilities in obtaining access to employment, public accommodations, transportation, and telecommunications because of their handicap Qualified Individual is Defined as… An individual with a disability who satisfies the requisite skills, experience, education, and other jobrelated requirements of the employment position who, with or without reasonable accommodation, can perform the essential functions of such a position Fair Labor Standards Act of 1938 Established a minimum wage Increases workers’ purchasing power and standards of living Discourages excessive hours of employment Stops the use of abusive child labor Regulates minimum wage, overtime pay, equal pay, child labor, and record keeping requirements Non-Overtime Work Maximum non-overtime hours per week for nonexempt employees is 40 hours Regular work week includes Scheduled work days Excluded from regular work week are Jury duty Bereavement PTO/Vacation/Sick Holidays Exempt vs. Non-Exempt FLSA allows an exemption from overtime pay for employees employed as Executive, Administrative, Professional, and Outside Sales employees. To qualify for exemption, employees must meet certain tests regarding their job duties and be paid on a salary basis. Job titles do not determine exempt status. Harassment Harassment Defined EEOC defines as any action or statement perceived to be offensive, intimidating, abusive, or derogatory Includes: physical abuse mental abuse ethnic jokes religious slurs The Law Harassment is a form of discrimination Sexual harassment is a form of sex discrimination “Reasonable Person” OR “Reasonable Woman” standard Conduct is harassment if a reasonable person would consider it so pervasive or severe that the employee’s working conditions are altered Two Types of Sexual Harassment Quid Pro Quo This for that An inappropriate use of power Hostile Environment Verbal Sexual Innuendoes Swearing/Profanity Jokes Compliments Propositions Who is Liable for Harassment? Company Individual supervisor If the supervisor or company knew or should have known of potential or actual harassment Worker’s Compensation Laws Requires each state to have a worker’s compensation program for workers injured or killed on the job Unemployment Compensation Laws Unemployment benefits are available to unemployed workers who have met minimum working & wage requirements Recipients must be ready, able, & willing to work & registered for work at a public employment office Employment at Will Employment is by mutual consent between the Company and the employee. The arrangement is “at will” at may be terminated at any time deemed appropriate with or without cause by either party. Exceptions to the Rule of “At Will” Breach of Promise • • • Written Promises (offer letters, company policies) Oral Promises (recruiting pitches) Implied promises (company policies, promotions, raises) Immigration Reform and Control Act of 1986 Makes it illegal for employers to recruit, hire, or refer for hire any unauthorized alien. Requires documentation of identity and eligibility of worker to work in the United States (Form I-9). Prohibits discrimination of the basis of national origin or citizenship status. Health Insurance Portability and Accountability Act (HIPAA) • Guarantee privacy and security of health information • Confidentiality, Privacy, & Security The Long and Winding Employment Road job descriptions recruitment applications selection orientation compensation training promotions, transfers discipline retirement record keeping Staffing Don’t gamble with your Hiring Decisions! Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996 Staffing The single most important individual in the hiring process is you: the Hiring supervisor. Your mission is to hire the best for the Team. Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996 The Perfect Hire Time and Effort up front vs. The Nightmare Hire Time and Effort at the back Hiring supervisor’s Responsibilities defining the job before your start interviewing (if applicable) defining characteristics what are you looking for in a new employee? Develop evaluation criteria and interview questions and Preparation Identify the job and what it involves. Identify the technical skills the job requires. Identify the performance skills the job requires. Describe those skills in objective, behavioral terms. Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996 Defining the Characteristics of Your New Employee Hard working Good attitude Experienced Stable Smart Responsible What are the specific behaviors that would describe these subjective traits? Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996 Now you understand the needs of the job and what type of employee you are looking for….. Next step is to prepare interview questions based on the criteria you have defined. Prepare Questions in Advance Rapport-building questions Open-ended questions Behavioral or situational questions Probing questions Behavioral method of interviewing. “Past behavior indicates future performance.” Behavioral interviews ask questions in which the candidate will discuss how they performed in previous positions. “Tell me about your most challenging customer service situation” “Tell me about a situation in which you successfully resolved a conflict with your supervisor” “Tell me about a job you liked the most and why” Discriminatory Questions Federal legislation states that you cannot base a hiring decision on anything other than bona fide occupational qualifications. This means you cannot discriminate against an applicant because of age, sex, marital status, ethnic origin, religious preference, sexual preference, or disabilities. Questions like... Dealing with age… • How old are you? • When were you born? • When did you graduate from high school? • When did you graduate from college? Dealing with marital status… • Are you married? • Do you intend to get married soon? • Do you have children? • Are you a single parent? • Can you travel? • Do you have someone to take care of a sick child? Questions like... Dealing with ethnic origin… • What’s your nationality? • Where are your parents from? • What other languages do you know? • What’s the origin of your name? Dealing with religious preference… • What do you do on Sundays? • Is that a Jewish-sounding name? • Can you work Friday evenings? • Is there any day in the week you’re not able to work? Questions like... Dealing with disabilities… • What health problems do you have? • Do you have any disabilities? • Is your hearing good? • Can you read small print? • Do you have any back problems? • When were you in the hospital last? • Are you crazy? Permissible Inquiries Applicant’s work experience. If the applicant ever worked for this company under a different name. If the applicant has a legal right to work and reside in the United States. If the applicant can do the essential functions of the job with or without reasonable accommodation. Key to Proper Questioning: CONSISTENCY • Ask only those questions that pertain to the applicant’s ability to perform the essential functions of the job. • Ask all applicants the same question. Review the applicant’s resume and application Don’t miss out on the opportunity to base some of your questions around the surprises you may find on an applicant’s resume or application. Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996 Conducting The Interview Establish rapport with the candidate, make them feel comfortable and at ease Ask behavioral based questions about past job performance Probe to clarify understanding TAKE NOTES Conducting The Interview Practice good listening skills, allow for silence, stay in control Allow the candidate to ask questions Inform the candidate when the selection decision will be made References Risks – Defamation – Prevent reemployment Company Policy – Verify dates of employment, position – Single voice: Keeping them after you hired them! Coaching & Feedback Orientation Delegating Motivation & Goal Setting Performance Appraisals Coach to Potential • Communicate “adult to adult” • Give encouragement, direction and support • Use discovery questions as your coaching tool: – What do you want to have happen? – What are the reasons this didn’t work as well as we had hoped? – What are some other options? – Tell me more about …. – How can I support you on this project? – How could you take the struggle out of this? – Are you a Jerk??? Coaching & Feedback The more often you give it, the better able the employee is to responding to your needs and the needs of the organization. Recruiting and Retaining the Generations Why are we having this conversation about generations? In 1900, the average life expectancy was 47 years; in 2005 it is 80+ years. For the first time ever, there are now four generations in the workforce. Each generation brings strengths and each presents challenges to organizations. By 2010, there will be a talent shortage. Why do the generations differ? o Each generation of people demonstrates like qualities (Morris Massey) o The influence of the events they lived through creates a collective personality of sorts Here are the “FOUR” Birth Year Age Range 1925-1945 62 to 82 Generation Title Traditionals 1946-1964 43 to 61 Boomers 1965-1979 28 to 42 Gen X’ers 1980-1997 27 or younger Millennials, Y’ers, Nexters What does each generation look like? Traditionals…. • What experiences? • What strengths? • What issues? Traditionals 1925 - 1945 Strengths Rule-oriented Patient Conforming Conservative On time Issues Techno-phobes Work is work Less flexible Boomers…. •What experiences? •What strengths? •What issues? Boomers 1946 - 1964 Strengths Issues Workaholics Service-driven Relationship Self-centered Competitive Minimal computer Sensitive to feedback 80 million! Who Are They? Gen “X’ers”…. • What experiences? • What strengths? • What issues? Gen “X” 1965 - 1979 Strengths Issues Bring new approaches & ideas Frank answers Multi-task Strong techno Ask why? Challenging attitudes Jobs are temporary Millennials… • What experiences? • What strengths? • What issues? How are they like Generation “X”? They are independent, techno-savvy, entrepreneurial hard workers who thrive on flexibility, are attracted to team work, and want it right now! Millennials 1980 - 1997 Strengths Collaborative Techno-savvy Multi-tasking Good service skills Issues Quest for balance Need supervision Time management Difficult customers The Power of Four Generations Keywords Managing Rewards Career Path Traditionals LOYAL CHAIN OF COMMAND RECOGNITION BUILD A LEGACY Boomers OPTIMISTIC COMPETITIVE CHANGE COMMAND MONEY TIME BUILD A STELLAR CAREER X’ers SKEPTICAL SELF COMMAND PORTABLE BUILD A PORTABLE CAREER Millennials REALISTIC DON’T COMMAND COLLABORATE BUILD PARALLEL CAREERS Source: Lancaster & Stillman When Generations Collide, 2002. MEANING How can you leverage “The Power of Four” in your organization? Some thoughts… Know which generation has the strongest impact on your organization! • General Mills vs. Microsoft • To what extent do the major aspects of your organization’s culture map to one generation more strongly than the others? • How does that “generation-bias” impact inclusion, recruiting, retention, and development of employees? Each Generation Each generation assumes the following generations will want what they have/share their same definition of “success”. Each generation believes the following generations should “pay their dues” the same way to earn that success. • • • • Employment Law Recruiting and Retaining Generational Issues Do you need an HR Department ??? Questions and Answers