December often marks the month of performance appraisal’s for many organizations. For many managers and employee’s this is a dreaded time of year for one reason or another. Some managers procrastinate because they see the review as a hassle with little evidence that the review actually improves employee performance. The key is that if you want to motivate employees to improve their performance, start by motivating managers to do a thorough job on reviews.

Manager’s should ensure that the review is meaningful by discussing what was/was not accomplished while also focusing on what’s important to move ahead.

Secondly buy-in from the management team is essential since they utilize the forms. Through their experience in working with the forms, they may have excellent insights and suggestions on how to improve them. If the managers felt included in the review form development/improvement process, they will be more likely to comply.

A solid training system should also help motivate managers to review performance by demonstrating how individual performance benefits the organization and how managers can measure performance in an objective manner. If manager’s can clearly see the correlation between a performance review system that adds value to their margins, they will be more likely to give quality feedback to their employee’s.

Lastly, all managers should be required to conduct timely and thoughtful employee performance reviews. If managers are evaluated on the quality and the consistency with which they do their performance appraisals, there is a clear message that communicates the value to the organization. Overall, for performance reviews to be as effective as possible, managers should feel involved in the process, receive proper training and be able to see a clear correlation between the review and reaching organizational goals.

The current "job market recession" you may be wondering how you evaluate someone who's been unemployed or underemployed for the past few years. How do you evaluate their outdated histories, likelihood to succeed and overall cultural fit?

Keep in mind that the same basic principles used in evaluating candidates five years ago will remain fairly similar to those that should be used in today’s job market. Employers should focus on four main factors when evaluating candidates: longevity, career progression, technical skills/education, and personality match/employer compatibility. Candidates should be asked questions in the following categories to evaluate the individual’s ability to match the four key criteria.

Tell me about the reasons for leaving your current and past employers.

Attempt to differentiate between layoffs and times when the candidate made their own moves. In cases of layoffs, ask: How many people were laid off at the same time? How many people survived the cut, and how were they selected? How many waves of layoffs did you survive before you were let go?

Walk me through your progression with your current company, leading me up to what you do now on a day-to-day basis (if they are unemployed use the past employer as an example).

How have you had to reinvent your job in light of your company's changing needs? What makes you stand out among your peers?

From a technical standpoint, on a scale of 1 to 10, how close a fit are you for this particular position based on your understanding of the skills and responsibilities involved?

Why are you an ___? What would make you a 10?

At what pace do you work?

How many hours a week do you find it necessary to work to get your job done? When it comes to giving constructive criticism, should your supervisor be sensitive in delivering bad news, or do you pride yourself on your thick skin? These questions can also be asked in a behavior-based format by following the question with the phrase, "Give me an example of a time when..." This will allow your candidates the opportunity to explain their initial answers in a real-life setting.

Questions for The 'Underemployed'

As high as the unemployment rate has been over the past few years, many companies still feel that it is a challenge to find strong candidates. The common belief is that "All the good ones are already working," inferring that the unemployed or underemployed were somehow not first in class.

One option when interviewing someone who is underemployed is to play “career counselor” role during the interview. This strategy gives you an opportunity to see show how creative and persistent they can be when faced with adversity. For example, ask recent MBA graduates, two years out of school and working only in temporary roles, "What has been your job search strategy since graduation and how many interviews have you landed? What kinds of corporations have you been focusing on, and how have you developed your leads?"

A less aggressive applicant might respond: "I’ve been searching the classifieds. At this point, I’m really just looking for a job.”

A strategic thinker who is motivated, might respond: "I've reached out to Grad school’s alumni group and introduced myself to100 alumni for networking. I then made a list of the top 25 corporations I would like to work for and I then sent my resume to the managers in all of those companies. Since then, I've generated more than 15 exploratory interviews over the past year, but unfortunately none has panned out." An answer like this indicates the candidate is interested in your “type” of organization and isn’t afraid to network. Both may be key items for the opening at your company! Next it's time to focus on why they’re not getting the jobs applied for: "You seem to know what you want. Why haven't you landed a full-time position yet?"

The following responses will probably make or break the interview:
"I don't know. (Not a strong answer)

The companies seem interested, in a few of cases, the funding never came through for the position. It's not that they didn't hire me; they couldn't hire anyone." (Good)

Over the past several months, there have been many releases from the Federal government regarding how to keep children, elderly adults, and those with weak immune systems healthy should there be a H1N1 or other flu pandemic outbreak. While these are all important topics to consider; there are also key items that employers must be aware of regarding the spread of the H1N1 virus in the work place. This article will focus on specific labor law issues and how to prepare your organization. For more detailed information and a FAQ section, please consult the government website: http://www.flu.gov/faq/workplace_questions

In addition to considering the government’s FAQ section, it is recommended that employers also should be guided by federal employment law, as well as their own employee handbooks, manuals, and contracts (including bargaining agreements), and any applicable state or local laws.

Seasonal Flu versus a Pandemic

The first issue to consider is if the outbreak is a seasonal flu or a pandemic. According to the Occupational Safety and Health Act (OSHA), a seasonal flu is a periodic outbreak of respiratory illness in the Fall and Winter in the United States. A pandemic refers to a worldwide outbreak of influenza spread from person to person. When there is a pandemic, the likelihood of infection increases as the virus spreads throughout the population; possibly without vaccinations.

Family Medical Leave Act

An employee who has a serious health condition or is required to provide care to a qualified family member with a serious health condition may be entitled to up to twelve weeks of continuous or intermittent leave under the FMLA. The 2009 revisions to the FMLA clarified that an employer’s normal time-off polices dictate who an employee reports their absence and whether that time off will be paid. Employers still retain the right to require a medical certification for the serious health condition of an employee or a qualified family member. Employers should review their policies now to ensure that their policies are written clearly and up-to-date before a pandemic flu outbreak.

Americans with Disability Act (ADA)

Recently, the EEOC issued guidance with respect to the ADA and the H1N1 flu. Under the ADA, an employer’s ability to inquire about an employee’s disability status is limited by when the employer makes the inquiry. It is recommended that employers review when it is permissible to make such inquiries. While employers are limited in their ability to make individual employee disability inquiries, the EEOC an employer may make broad, general inquires of its workforce. For example, an employer may ask its workforce whether certain conditions (such as school closing or reduced public transportation) will affect an employee’s ability to come to work.

The Fair Labor Standards Act

Employees who are not infected and are able to work may find that they must “fill-in” for absent, infected co-workers, In turn, they may find that their job descriptions are significantly altered. A change in a job description has implications for an employee’s exempt/non-exempt status and overtime compensation. Should there be an outbreak, employers may choose to allow certain categories of employees to telecommute. This is recommended by both OSHA and the CDC, but employers should be aware that it may impact measuring and tracking time worked for exempt employees and workplace safety/workers’ compensation issue. If a telecommuting option is to be implemented, consultation with a legal counsel is recommended to ensure compliance with FLSA/workers’ compensation.

Workers Compensation

Employees who face a greater risk for infection from a pandemic flu may be entitled to workers’ compensation for their medical expenses and lost wages if they contract the virus while on the job. While this may not impact all employers equally, those in the medical/health care field should consider the implications of increased claims.

There are a multitude of employment laws that Human Resource Professionals must consider regarding the issues posed by H1N1. A proactive approach is recommended in preparing to handle various scenarios that may result from a pandemic such as increased use (and possible abuses) of sick time, increased exposure to litigation, and new government regulations. Midwest Staffing has taken a pro-active approach and has an operational contingency plan in place should a pandemic outbreak take place. We are prepared to continue to service our clients to the best of our abilities under tough circumstances!

Temporary work or temporary employment has often been referred to as contractual, freelance, seasonal or simply as “temp” work. A common misconception can be that Temporary agencies offer positions, which are only temporary but in actuality also offer positions, which could lead to permanent placement. Temporary agencies work individually with companies and potential employees to find the most compatible pairing.

Benefits for companies working with Temp Agencies:

1. Confidence and Quality - All employees’ (temps) adhere to a thorough background check including an investigation into their criminal record. A “Temp” agency also examines the requirements and desires of a company to meet their expectations by providing a competent employee.
2. Economical - Companies, which need temporary employment to perhaps help complete a large project, or substitute for a permanent employee on a leave or vacation, do not need to pay all the benefits of a full time employee. In most cases, temporary employees receive an hourly wage and receive no insurance benefits; this of course is dependent on the longevity of the position and individual company policies. Once the job has been, fulfilled companies release the “temp” without the added expense of paying unemployment fees, which would be required by “laying off” a permanent employee.
3. Flexibility - Hiring a ‘Temp’ is an excellent way to find the right employee for an available position. If you are unhappy with the performance of a ‘Temp’ finding a replacement is a simple transition. Temporary agencies deal with the hiring, the placement and the paperwork.

Benefits for employees working with Temp Agencies:

1. Flexible Hours - Employees have the flexibility to choose when and where they work. Temporary agencies work with the potential employee to find a position that best fits their schedule. Full time or part time jobs are available in the daytime, evening, or even weekends and in some cases special holiday positions are available.
2. Pay Rate - The pay can be beneficial to temps because when employers are looking to fill positions quickly they are willing to pay the extra price. Health benefits may be available depending of the longevity of the position and contingent to company policies

Lilly Ledbetter Fair Pay Act of 2009

The Lilly Ledbetter Fair Pay Act of 2009 is the first law signed by President Obama. The fair pay act overturns a 2007 U.S. Supreme Court decision, Ledbetter v. Good Year Tire & Rubber Co., which banned pay discrimination lawsuits filed more than 180 days after the first discriminatory paycheck was issued. The new law states that the statute of limitations resets as each discriminatory paycheck is issued.

Key Policy amendments include:

1. Changes statute of limitations - The Ledbetter Act makes the issuance of a paycheck a potential discriminatory action. The time clock is re-started each time an employee receives a paycheck and individuals are allowed to bring discrimination claims many years after an alleged act of discrimination occurred.
2. Expands the potential field of plaintiffs - The Ledbetter Act allows an employee who was discriminated against and other individuals who were “affected” by an act of pay discrimination, including spouses, children, close family members, to file suits over an employee’s pay.
3. Amends other civil rights statutes - The Ledbetter Act will extend the statute of limitations for filing claims for all protected classes of employment law, including gender, age, color, disability, race, religion and national origin.
4. Retroactive effective date - The Ledbetter Act takes effect as if enacted on May 28, 2007and applies to all pay discrimination claims pending on or after that date.

HR Policy Initiative

1. Improve Record Keeping - HR needs to immediately turn its attention to its recordkeeping not only for pay decisions but performance appraisals that affect pay and job classification decisions. Proper documentation is critical on a go-forward basis. A well-documented communication compensation philosophy should be defined, whether it is based on performance, length of service or cost-of-living adjustments. If the organization doesn’t have a compensation philosophy, they should consider adopting one now to decrease liability for future issues.
2. Audit the Past - If there are concerns about potential past compensation decisions, an audit of past actions regarding pay can be beneficial to deal with problems before they result in litigation.
3. Monitor Pay Policies - HR managers should continue to monitor pay policies and all performance management processes to decrease future problems. In addition, employers should not give any single person discretion to make decisions regarding compensation.
4. Review Record Retention Policies - Under the new law, a company could be sued at virtually any point regardless of how far in the past the action took place. It is wise to develop a solid record retention policy.
5. Train Managers - Ensure managers understand how to conduct fair and objective pay and performance evaluation with proper documentation. Continuing training that stresses the risks of poor pay-related decisions will help keep the issues at the front of manager’s minds.