When a small business owner offers employment to a candidate, it can be one of the best feelings in the world for both sides. But what happens if somewhere along the process, mistakes are made that can eventually come back to harm the business? Even worse, what happens if the same mistakes get repeated over time – resulting in catastrophic financial losses and disruption of the business? You might not think it’s possible in your organization but no company is immune to legal trouble when it comes to onboarding new hires. On November 4, 2019, Alberto Ruisanchez, chief, U.S. Department of Justice, Civil Rights Division’s Immigrant and Employee Rights Section (IER) gave several helpful tips to stay out of trouble when making your next new hire. In his presentation, entitled “Avoiding Unlawful Immigration-Related Employment Discrimination,” Mr. Ruisanchez mentioned three key areas where employers find themselves in trouble with the law:
Recruitment or Referral for a Fee
While each of these areas are critically important to pay attention to, I’ve found that most small businesses make mistakes with onboarding the most. Most specifically, there are mistakes made when proving the employee has the right to work in the United States. Here are a few tips to keep your business above board and your new hires happily employed for the long haul!
Be cautious of making hiring preferences based on citizenship status. According to Ruisanchez, many employers are unable to make hiring preferences for American citizens. What does this mean? If you have an open position at your company and non-American citizens apply, you cannot reject them on the basis of their citizenship status. For example, If Joe’s Plumbing and HVAC has an opening for a Senior Manager role, any eligible applicant cannot be dismissed simply because they are not American. If the US Department of Justice or Equal Employment Opportunity Commission discovers a practice of excluding qualified applicants from progressing in your hiring process, you may be subject to fines and back pay for all affected individuals.
Now, as with many things relating to the law, there are exceptions. Federal Contractors who participate in contracts that have citizenship-based hiring requirements, workers who are unauthorized to work in America, workers who require employer sponsorship, and, of course, wherever allowable by law.
In order to reduce the odds of trigger an inquiry by the USDOJ and EEOC, I recommend the following tips to stay on the right side of the law:
For roles that are open to citizens and non-citizens alike, do not ask for citizenship status the application. Only ask if the applicant is eligible to work in the United States.
Keep a record of all applicants and save paperwork + digital applications for the appropriate amount of time required by law.
Understand employee rights with completing Form I-9, and try not to be too “helpful.” When completing Form I-9, a new hire document that all employees must complete, it’s important to give each new hire a choice of which documents they use to complete the form. There are two main requirements for the Form I-9. List A documents show proof of identity and work eligibility while List B documents and List C documents combine to show proof of identity and work eligibility. You have to let the employee pick From my experience, small business owners and administrative staff might think they are being helpful by telling new applicants which I-9 documents to bring but that’s actually no-no. Here’s what I recommend instead:
Provide your new hire with the full list of List A, List B, and List C documentation. Here is the official USCIS list.
Give the employee an ample amount of time and notice to secure the documents that they know will cover both proof of identity and eligibilty to work. As the employer, you should check both to ensure neither documents have expired.
When it comes time to recertify an employee, follow the same course of action. Prescribing which documents to use may seem helpful but it can actually be discriminatory if you only accept certain documents.
For more helpful tips and a recap of the events from the 2019 SHRM Global Mobility and Immigration Summit, check out #GMIS19 on Twitter!
In this internet era, finding job listings is pretty straightforward. However, it is arguably harder than ever to stand out in a crowd of experienced applicants. However, if you have excellent skills and you know how to draw attention to them on your resume, your chances of being noticed by a recruiter are pretty good. Also, if you are an employer looking for talent, wouldn’t you like to know what skills are in demand today and needed for tomorrow?
After analyzing various reports and profiles, I have identified the top five skills that helped get candidates hired last year. Take a look:
Cloud and Distributed Computing
With the rise of cloud computing-based applications like Adobe Creative Cloud, Google Cloud, and Google Drive, the need for skilled and capable professionals is increasing. Companies are eager to spend more money on employees with cloud computing skills because of the high demand for remote software storage. As a result of high demand, professionals with these skills can easily command high salaries. In 2018, the average salary packages offered to Platform Engineer and Cloud Architect was about $107,185/year and $142,141/year.
Data analyzing, data organization, and business analyzing are among the few areas that need analytical reasoning skills. As companies collect data more than ever before, they are starving for professionals who can make smart decisions based on it.
Whether you are preparing business analysis or working on increasing engagement with data analytics, the capability to comprehend and present numerical data proves to be in high demand. Know that, in 2018, salary packages offered to Data Analysts and Business Analysts were about $65,000 and $70,000 per year.
The age of artificial intelligence is here to stay. Therefore, this high-demand skill comes as no surprise. From generating personalized ads to tracking digital footprints to develop self-driving cars, AI is becoming a part of our daily.
Artificial Intelligence is expected to offer 2.3M opportunities by the year 2020. Just search on Indeed; vacancies in the field of artificial intelligence have doubled over the last three years and are expected to rise in the upcoming years. AI is the future, and employers seem to have caught on to this trend.
Even though advances in technology have shifted the focus away from human interaction, people management remains number four on the top skills list! Technology is appreciated, but so are people, and the results of a combined effort you drive as a team are valued much higher compared to results-driven by one individual.
In the business, building successful relationships with employees and management is essential. Therefore, companies who want to build great workplace culture and improve the employee experience hunt for people with great people management skills. The people who are masters in this area are best suited for leadership positions in any organization.
With the increase in competition in the business field, the need for marketing skills is also increasing. Companies make every effort to stand out amongst competitors, and so must employees on an individual basis. As a result, the demand for people with excellent sales and marketing skills is growing.
When it comes to the salaries of the marketer, it usually varies with the capabilities and results produced. Where some marketers got vast salaries, others got even double of them. However, with the ability to earn commission and bonuses, the salary growth possibilities in this field are limitless.
While these may be the top five workforce skills in the US job market today, one constant thing is change. If your company requires updated job descriptions or general HR consulting support, contact us right away.
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It can be expensive to fail at hiring a new employee in a small business or startup. In this video, Joey Price, of Jumpstart:HR, LLC gives you everything you need to know about low quality of hire and how to improve candidate experience and your employee onboarding results.
The following post is originally shared on the website of Georgia Public Broadcasting. Jumpstart:HR CEO Joey Price lends his comments to the global conversation surrounding the #metoo movement and addressing sexual harassment at work.
“#MeToo is not only a movement about sexual harassment. As Rebecca Traister put it in The Cut, it’s a reckoning for the way we work, and a call to change the power dynamics leading to sexual abuse. We talk with people who dedicate, in different ways, their professional lives to understanding toxic work environments and how to dismantle them. Erica Clemmons is the Georgia State Director for 9 to 5; Marie Mitchell is a professor of management at the University of Georgia’s business school; and Joey Price is the CEO of Jumpstart:HR, a human resources consulting firm based in Baltimore.” – Source
If your business needs to re-evaluate it’s sexual harassment policy in 2018, contact us now.
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