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QuizTrue or False?The Arizona Employment Protection Act (ARS 23-1501) overruled the Wagenseller v. Scottsdale Memorial Supreme Court decision.

Hiring Workers

Before You Hire

Why do we need help?What do we need done?What is our mission and vision?

Job Description Write before hiring Review with current supervisor/staff Mission-driven Be specific Knowledge, Skills, Abilities

How do I hire workers?

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Options for Engaging Services Hire employees directly Engage independent contractors Written contracts and Best Practices Right to control and Economic Realities Outsource to other companies Co-employ with a larger employer

Fact or Fiction?

Independent ContractorAELH 1.4

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Independent ContractorWhy Important?Every taxing authority considers employee so employer can collect taxes.Employees cannot sue employers for industrial injuries.Employers can claim work for hire in intellectual property.Federal and state governmental attention.Misclassification costly.

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Independent ContractorRight to Control or Common Law TestControl over process; not just outcomeDistinct occupation or businessNeed for supervisionLevel of skillProvision of tools, supplies and place of workDuration of serviceMethod of paymentRegular business of employerIntent of the partiesIs hiring entity in business?

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Independent ContractorEconomic RealitiesTotality of circumstancesIs worker dependent on employer?Workers services integral part of business?Permanency of relationshipAmount of workers investmentRight to controlOpportunities for profit and lossLevel of workers skill

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Independent ContractorAZ Worker Compensation - HybridARS 23-902DWritten, signed, dated, no duress agreementNo authority to supervise or controlDisclosure that no worker comp benefitsNo requirement of exclusive work; no combination of business operationsNo provision of required licensesFixed amount by contract; not wage/salary paid to name on contractTermination restrictionsNo tools or time of performance dictated

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Joint EmploymentLabor and employment cases Power to hire, fire and supervise Control of workers schedule & conditions of employment Determination of rate of payment Maintenance of employment recordsWorker compensation cases Right to control method of work Implied contract of hire Performing work of employer Professional Employer Organizations

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Fact or Fiction?

Hiring is easierthan firing.

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Diversity Differences in Race, Color, National Origin, Religion, Gender, Sexual Orientation, Disability, Age, Veteran Status, Personality and the way one thinks.

DocumentDocumentDocument

Consistency

People join companies and

leave managers.

Marcus Buckingham

Put Effort into Hiring theRight People

Get the right people on the busJim Collins

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First, Break All The RulesBuckingham & CoffmanSelect for talentDefine the right outcomesFocus on strengthsFind the right fit

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HiringRecruitmentJob descriptionScreeningInterviewingChecking references and documentationEvaluation and selection

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Hiring Dos and DontsRecruitment DO advertise DO ask current employees for namesDO remember Workforce sourcesDONT go to only one source all the timeDONT forget former employees

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Job DescriptionWrittenKnowledgeSkillsAbilitiesMatch mission and visionAttendance (regular, reliable, predictable performance) an essential function

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Hiring Dos and DontsApplicationsDO customize your applicationDO ask only questions related to the specific jobDONT ask about disability or worker comp claimsDONT ask for information about age, sex, race, ethnicity or religion

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Hiring Dos and DontsInterviewingDO script your interview questionsDO ask only questions related to the specific jobDO ask open ended questionsDO ask applicant to give examplesDO listen

Hiring Dos and DontsInterviewingDO have the applicant explain gaps in employment historyDO emphasize importance of attendanceDO ask about achievements and failuresDO ask, What can you tell me in five minutes that would persuade me you should have the job?

Hiring Dos and DontsInterviewingDONT ask about age, race, ethnicity, religion, sex, disability, worker comp, pregnancy, citizenship, children, health, marital statusDONT ask leading questionsDONT make promisesDONT ask questions when you have no need to know the answer

Whats WrongWith You?

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Have you received workers compensation or disability payments? If yes, describe.

Griffin v. Steeltek, Inc., 160 F.3d 591, 594, 8 AD Cas. (BNA) 1249, 1252 (10th Cir. 1998), cert. denied, 119 S.Ct. 1455, 9 AD. Cas. 416 (1999)EEOC Q&A page 2.

2929Griffin v. Steeltek, Inc., 160 F.3d 591, 594, 8 AD Cas. (BNA) 1249, 1252 (10th Cir. 1998), cert.denied, 119 S.Ct. 1455, 9 AD. Cas. 416 (1999)

See also p. 2 of EEOC Q&A disability-related questions are okay if they are asked after the conditional job offer but before person starts work and if all entering employees are asked same question.

Have you ever had an injury at work?

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Now, Discover Your Strengths Buckingham and CliftonSpend time and money on properly selecting employeesLegislate outcomes not styleTrain to strengths not weaknessesGrow a career instead of just going through positions

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Consistency

Negligent HiringFailure to screen applicantDuty to reasonably investigate background (what is reasonable can be different for different positions)Reasonable investigation can limit liability Employer can be liable for placing unfit person in a position which causes unreasonable risk of harm

Background ChecksEligibility to work in USPrior employment verificationEducational verificationPersonal and professional referencesMotor vehicle recordsCredit ChecksCriminal ChecksDrug/Alcohol testingPre-employment medicalPre-employment testing

Background Screening Alibinetwork.com Fake your employment records, business cards, anything!The Reference Store; Careerexcuse.com, the official site for outsourcing your job references

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Lies, All Lies Percent of resumes and job applications that contain falsifications:53 %Percent of college students who would lie on a resume to get a job they want:70 % Discrepancies between what they put in resume and truth in prior jobs, education or credentials:46 %Accu-Screen, Inc., ADP, The Society of Human Resource Managers (2012) www.statisticbrain.com

Background Dos

Contact former employer, documentCall references, documentObtain authorization to do background check and verify statements in applicationMake your offer contingent on successful background check and drug test

How many days was Tami absent during the year she worked for you?

3939Checking references not okay

Background ChecksLimits on screeningCredit check follow Fair Credit Reporting Act written notice, written authorization, and adverse action proceduresBackground Check from Agency adverse action procedures

Disposal Rule (shred, shred, shred)

State may deny employment based on prior conviction if offense has a reasonable relationship to the functions of the position. A.R.S. 13-904(E)

Background ChecksCriminal conviction do not have an absolute ban (some states have ban the box laws)Job related and consistent with business necessity. EEOC factors: Nature and gravity of offense;Time that has passed since the conviction or completion of sentence; and Nature of the job held or sought. EEOC Policy Statement www.eeoc.gov/policy/docs/convict1.html.

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Facebook and Googling Why not research your applicant on the Internet?

Possible reasons: finding out what you didnt need to know; protected characteristics revealed; gaps in your public records research.Divided screening may solve some issues

Drugs and AlcoholAlcohol testing is a medical exam under ADAFederal contractors and Drug-Free Workplace ActAZ Drug Testing of Employees ActVoluntary complianceMedical marijuana includedProtections for employeeOpportunity to explainConfirmatory testing if first test positiveBenefits to employerProtection from litigation re: test resultsEnforcement of drug free policy

Hiring Dos and DontsEvaluation and SelectionDO evaluate all candidates with other supervisorsDO ask counsel before testingDONT require more than necessary info for I-9 upon hireDONT let an employee begin working without completing all paperwork

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Onboarding DocumentsNew Hire Checklist W4 and A4 for taxesI-9 and E-Verify for eligibility to work in AZ and U.S.Child Support obligation form from DESEmployee handbook or policy acknowledgementEmployee notices and postersPaperwork required by PEO or co-employerSet up personnel file with contact informationEmployee benefits documentation

QuizWhen interviewing a job applicant:Talk a lot to put the applicant at easeAsk easy-to-answer questions to put the applicant at easeAsk open-ended questions