HR Forum: hiring

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A great way to honor our vets? Help them get jobs!

Today is Veterans Day, one day a year set aside to honor our military veterans, past and present. With more than 40,000 U.S. troops returning from Iraq by year's end, the day takes on even more significance. We're no doubt grateful to our military men and women and all they sacrifice to preserve our nation's freedom.

And how do we express that gratitude? After the parades, the standing ovations and even the free meals at certain restaurants (including Applebee's, Chili's, Outback Steakhouse and Subway), what can we do to thank our veterans for their courageous service?

If you're an employer, the answer may be to provide as many job opportunities to our veterans as you do our civilians. I know this is tricky because the economy is lousy and many businesses have frozen their hiring, but this isn't the case across the board.

In fact, a new CareerBuilder survey found that one in five (20 percent) employers are actively recruiting U.S. veterans over the next 12 months, while 14 percent are recruiting members of the National Guard.

Keep in mind this is different from employers who are legally obligated to reemploy soldiers returning from military leave. As we've discussed in this blog, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides certain rights to members of the uniformed services, such as reinstating employees upon completion of service.

When it comes to new hiring this year and into 2012, the areas where employers from the CareerBuilder survey plan to focus their attention are:

    Information Technology -- 36 percent
    Customer Service -- 28 percent
    Engineering -- 25 percent
    Sales -- 22 percent

“The survey shows that employers recognize the unique value military experience can bring ..." said Brent Rasmussen, president of CareerBuilder North America.

Not to say that veterans won't face the same challenges securing a job as everyone else. According to the Bureau of Labor Statistics, the unemployment rate among vets who served in the Middle East since 9/11 was 12.1 percent this October, compared to 9 percent for the overall workforce.

“I don’t think it’s overt discrimination," says Chad Storlie, author of “Combat Leader to Corporate Leader: 20 Lessons to Advance Your Civilian Career, "but HR departments and hiring managers are being very picky today. He adds: "They want the best person that makes them feel comfortable; that’s why vets have to show everything in their background and how that will help them be successful.”

In addition to figuring out how to translate their military experiences into compelling skills for today's job market, veterans might consider where they live. A study commissioned by financial firm USAA and Military.com identified the “Best Places for Military Retirement: Second Careers.” The best town for vets went to Oklahoma City, Okla. After that, it was:

    Norfolk, Va.
    Richmond, Va.
    Austin, Texas
    San Antonio, Texas
    Madison, Wis.
    Philadelphia, Pa.
    Raleigh, N.C.
    Omaha, Neb.
    Manchester, N.H.

Short of packing their bags and moving to a a new town, however, HR experts recommend that vets focus on who they are and what they want to do, aggressively network (especially with ex-military personnel) and when possible, start reaching out to potential employers before they leave the military.

Discrimination against job seekers a persistent, national problem

As if the nationwide hiring slump and struggling economy weren't challenging enough, job seekers often encounter debilitating discrimination based on their race, sex, age, national origin or other protected characteristic. This was the conclusion - and source of discussion - by a group of experts in an Equal Employment Opportunity Commission (EEOC) meeting.

EEOC General Counsel P. David Lopez opened the meeting by singling out a hiring case involving Wal-Mart rejecting two deaf applicants. As part of the negotiated settlement (for which Lopez was an EEOC trial attorney), the mega retailer aired a commercial on Arizona television featuring the two individuals telling their story and informing the public about the nation's equal employment laws.

"Unfortunately, discriminatory hiring practices … continue to exist," Lopez advised.

Bill Lann Lee, a former U.S. assistant attorney general for Civil Rights, implored the EEOC to combat hiring discrimination. "Systemic discrimination in hiring today is particularly disheartening to communities where joblessness has put the American Dream on hold," he said.

Lee continues: "Hiring discrimination is a fundamental problem; it often denies more than one employment opportunity, cutting off future opportunities as well."

Among the other participants, Marc Bendick, an employment discrimination researcher for Bendick & Egan Economic Consultants, Inc., shared that unfair hiring practices are especially problematic in the following industries: advertising, construction, firefighting, restaurant, retail, employment placement, financial services, television and film production, and high technology.

Finally, Rae T. Vann, general counsel of the Equal Employment Advisory Council - an organization of major employers - underscored the need to train and monitor staff involved in the hiring process.

Hiring illegal workers would be a costly mistake under proposed bill

Today's post comes from G.Neil's HR News Weekly:

If legislation introduced by the House of Representatives to amend the Immigration and Nationality Act passes, employers would face significantly higher fines for hiring illegal workers. The 10k Run for the Border Act (strange name, we know!) would increase the fines for knowingly hiring or recruiting undocumented workers (or continuing to employ illegal workers despite their undocumented status), as follows:

•    $10,000-$80,000 per violation (currently $250-$2,000)
•    $80,000-$200,000 per violation for employers with a prior violation (currently $2,000-$5,000)
•    $120,000-$1.6 million for repeat offenders (currently a minimum penalty of $3,000 and maximum of $10,000)

In another component of the bill, state or local law enforcement officials who assist in the investigation or prosecution of employers would be entitled to 80 percent of the fines paid by those employers. It follows that this sort of incentive would increase enforcement.

Check back here for updates on the proposed bill. (It should be noted that prior versions of this bill have been introduced in the past six years, but didn’t advance.)

In the meantime, be certain that you’re up to date on the latest immigration laws, and properly verifying the eligibility of all employees, with our Forms I-9 and other practical tools.

Passing over the unemployed would be unlawful under new bill

Today's post comes from G.Neil's HR News Weekly:

Being out of work is hard enough. Not getting work because you’re out of work is even harder.

If a proposed bill is passed, employers will have a legal obligation to guard against this very situation. Shortly after the Equal Employment Opportunity Commission (EEOC) held a public hearing on unemployment discrimination, Rep. Henry Johnson of Georgia introduced a bill that would make this type of discrimination unlawful.

The Fair Employment Act of 2011 would add “unemployment status” to the list of protected classes under Title VII of the Civil Rights Act. Specifically, “unemployment status” is defined as “being unemployed, having actively looked for employment during the then most recent 4-week period, and currently being available for employment.”

Regarding the bill, Rep. Johnson stated, “Employer discrimination against unemployed job applicants is fundamentally wrong. With unemployment at about 9 percent and with nearly 14 million Americans out of work, this discrimination will only prolong the crisis.”

Check back here for updates on the proposed bill.

Private-sector jobs took a robust turn in February

It’s up. It’s down. It’s up again. Tracking the U.S. employment climate can be a little bit like following a Hollywood celebrity’s career. But for today, the news is good.

Private-sector employment jumped 217,000 in February – with medium businesses adding 104,000 jobs; small businesses, 100,000 jobs; and large businesses, 13,000 jobs.

The speed of gains is accelerating, too. From December 2010 through February 2011, the average gain was more than 200,000 – compared with an average gain of just over 60,000 during the previous six months.

"Looking at the ADP numbers over the last five or six months, the trend is clearly toward stronger private sector employment and we should see that trend going forward," said Steve Blitz, senior economist for ITG Investment Research in New York.

Newly issued Employment Authorization Card now acceptable with Form I-9

The United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

While it looks similar to the current Employment Authorization Document (EAD), the credit card-sized Employment Authorization Card includes new text that serves as both an employment authorization and Advance Parole document. The combination card is also more secure and durable than the paper Advance Parole document.

Employers may accept the new card as a “List A" document to prove the identity and work eligibility of a newly hired employee when completing the Form I-9.

People say - and do - the craziest things in job interviews

HR professionals and hiring managers know that interviews can be stressful for even the most competent and composed applicants. After all, they’ve been on the other side of the desk before. Yet, there are certain scenarios that defy reasonable explanation and leave them scratching their heads in disbelief.

To prove our point, we’ve compiled a “Top 10” list of job interviews that went sour … and why:

1) “I had a candidate open his briefcase, pull out a package of cheese crackers and a juice box, and munch away on his midday snack while I was asking him questions. He said he’d had no time to eat because he was interviewing all day!”

2) “How about the guy who forgot dark socks to wear with his suit so he colored in his ankles with a black, felt-tip marker?”

3) “I’ve had numerous interviews where the person’s cell phone goes off and rather than apologize and quickly turn off the phone, the person checks the number. So rude.”

4) “When I asked this particular candidate (a 20-something with about five years of work experience) why she was looking to change jobs, she answered, ‘Well, I’ve been sitting around twiddling my thumbs for the last few months.’”

5) “My most unique experience was the candidate who told me he was abducted by an alien who told him to apply for the job – and to report what he learned back to his alien leaders.”

6) “I wished I had never offered this particular woman a cup of coffee because when she set the cup down on my desk, she immediately knocked it over and spilled the piping hot liquid all over my papers and files.”

7) “I’ve seen some interesting clothing choices through the years, but the best ever was the man who showed up in a powder-blue leisure suit, straw hat and flip-flops. And no, he wasn’t applying for a creative position or auditioning for a part in a play!”

8) “Granted, this particular candidate told me he wasn’t feeling well before the interview, but, about 15 minutes into it, he got this strange look on his face, jumped up out of his chair, and promptly threw up all over my office floor.”

9) “After the initial interview with an applicant, I explained the final step in the hiring process would be drug testing. She then responded, ‘Oh, what type of drugs do you want me to test?’”

10) “Before the interview even started, I had a candidate ask me to see where he’d be seated when he got the job. He said he needed to check out the space to make sure he’d have enough privacy!”

Uphold your role in the interview process

On the flip side, you don’t want to be the reason the job interview was a flop. When you’re responsible for interviewing applicants, take the time to define the job and its requirements, schedule interviews only after you’ve reviewed the resume and/or application (and can give the candidate your full attention), and steer clear of illegal interview questions concerning an applicant’s age, race, sex, disability, religion, national origin, pregnancy and any other protected classification.

And if a candidate tells you he’s fighting a bad case of the stomach flu, you may want to reschedule the interview!

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

The show must go on: Judge 'em for their talents, not their financial trip-ups

Sure, there was a time when she thought she could be a rock star. But the only thing that rose to the heights of her imagination was her credit card debt. Hey guitars and amps are expensive … and she really thought that next gig would be her ticket to stardom.

Her life looks a lot different now. All those unpaid bills – and her rock-star dreams – are both things of the past. Yet her previous credit history haunts her like that horrible performance in Poughkeepsie. Should her previous financial flops keep her from getting a job now?

Some employers say yes. And some legislators are out to change that.

Approximately 13 percent of employers surveyed by the Society of Human Resources Management (SHRM) said they run credit checks on all job applicants - with another 47 percent considering credit history.

Employers say they run checks to learn more about an applicant’s honesty and sense of responsibility. Lawmakers say the practice is unnecessary and keeps people in debt because their past financial problems prevent them from obtaining work.

Currently, lawmakers in at least 16 states have proposed outlawing credit checks. And late last month, the EEOC held a public meeting to address the use of credit history as a screening tool. With unemployment reaching such high levels throughout the country, there's growing concern that credit checks are unfairly excluding certain applicants from legitimate job opportunities. (Keeping our aspiring performer from earlier singing the blues when she should be pulling in a steady paycheck.)

Representatives from a variety of stakeholder groups shared their views at the public meeting. Chi Chi Wu of the National Consumer Law Center (NCLC), for instance, explained that credit histories create a “fundamental Catch-22” for job applicants during this time of high unemployment and high foreclosures. She adds: “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.”

Other concerns expressed in the meeting are that credit checks:

• can negatively impact certain protected groups, including women and people with disabilities;
• are a poor, or unreliable, predictor of job performance; and
• are often inaccurate or riddled with errors.

It will be interesting to see how this issue plays out in the coming months. Personally, I feel that there a lot more reliable indicators of an applicant’s skills and trustworthiness than their credit history. I also know too many solid, hard-working professionals who fell victim to the real estate bust and economic downturn … and whose financial challenges play no part in their “hireability.” These people are not washed-up rock stars who need to turn in their mics and guitars.

In the meantime, remember that the Fair Credit Reporting Act (FCRA) requires employers to obtain an applicant’s written consent before requesting a credit report. And if you decide not to hire or promote someone based on details in the report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report.

Statistics underscore administration's tough stance on immigration enforcement

According to a recent announcement by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), the Obama administration has achieved record-breaking immigration enforcement statistics in the past 20 months. Of particular note is the unprecedented number of convicted criminal aliens being identified and removed from the country.

Since January 2009, ICE audited more than 3,200 employers suspected of hiring illegal employees, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. In fiscal year 2010, ICE removed more than 392,000 illegal aliens (of which more than 195,000 were convicted criminals) … a 70% increase from the previous administration.

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said DHS Secretary Janet Napolitano.

We've said it before, and we'll say it again: Protect your business from damaging fines and even criminal arrests with a properly completed Form I-9 for every new employee.

Previous posts:

The "ICEy" grip of immigration enforcement felt by 500+ businesses

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

Caution! Pulling back the social media curtain could lead to hiring discrimination

The social networking explosion has created an “Age of Transparency” for individuals who share their lives – the good, the bad and the ugly – for the entire world to see. As of January 2010, there were more than 500 million global subscribers to Facebook, with 103 million residing in the U.S. – a leap from 43 million a year earlier or an annual increase of 145 percent! Even more astonishing: The growth rate within the 35-54 age bracket is up 328 percent in the U.S. over the same period. It’s safe to say nearly everyone is doing it.

The ubiquitous use of Facebook and other social networking websites creates opportunities for hiring managers and HR professionals to “peek behind the curtain” with potential hires. While a helpful resource, social networking sites may also pose an HR risk if discrimination comes into play during the screening process.

To make sure you don’t cross any legal lines, consider these tips before scouring social networking sites:

1. Don’t judge a book by its cover. Photos appearing on social networking sites often depict individuals having fun with friends and family and may not always be flattering. Judge candidates on how they present themselves during face-to-face interviews. It’s their professionalism in an office environment that you are concerned with most.

2. Check out LinkedIn for the professional point of view. While Facebook is a friends and family communication portal, LinkedIn is its professional counterpart. Reviewing LinkedIn content will give you a much better perspective of an individual’s career history, skill set and professional presentation.

3. Avoid out and out discrimination. Some managers may dig deep into a prospect’s past, and, in turn, uncover spiritual, political, social or sexual preferences in the process. Using this information and other protected categories to discriminate in the hiring process is unlawful. Some states, like California and New York, have privacy laws preventing employers from interfering with employees’ private lives.

4. Social networking sites don’t always present the facts. Many people provide inflated details about their personal lives to hide certain information or to paint a desirable picture to friends and family. Focus your hiring decisions on resumes, interviews and references to avoid relying on disinformation.

5. Add social networking rules to your company policy. The best practice to avoid misuse of social networking sites is having a written policy that clearly informs hiring managers about what information can and cannot be considered in the review process.

Tax perks under HIRE Act may push out another six months

If Congess approves the proposed legislation, the tax benefits for hiring unemployed workers under the HIRE Act will be extended by six months. These benefits include a 6.2% payroll tax incentive for unemployed workers hired from February 3, 2010, to January 1, 2011, and a $1,000 general business tax credit for each worker who stays with your company for at least one year.

The HIRE Now Tax Cut Extension of 2010 would allow employers hiring qualified employees from July 22, 2010, through June 30, 2011, to tap into the HIRE ACT benefits for an additional six months. The hope is that the legislation will advance the nation’s economic recovery by trimming the costs associated with hiring. Claim your payroll tax exemption under the new HIRE Act with Form W-11.

We will continue to monitor the situation, so check back here for updates.

Previous posts:

Are you clear on who qualifies for the HIRE Act tax benefits?

Hiring and firing and the latest legalities along the way

Hiring to get a boost with tax breaks for employers

Are your job descriptions doing their job?

Job descriptions. You might not think they’re worth spending much time on, but that’s simply not true. Job descriptions are an important starting point when hiring and later, serve as your “road map” when managing the employee.

You don’t hire an employee based on generalities, so why should the description for a particular position be broad or vague? You’re looking for more than just a warm-blooded human who can read, write and sit through long-winded meetings, right? You have specific needs to be filled with each new position … and goals to be met by bringing that person on board … right?

An in-depth, carefully constructed job description lets you hone in on the skills, experience and education the job requires. With these details, your job postings will be more targeted, your interviews will be more targeted, and your selection process will be more targeted.

And down the road, you’ll save time and money letting a ho-hum employee go and replacing that person with someone more qualified – or investing in training to fill in the gaps and bring a ho-hum hire up to speed. Your appraisal process will be easier, too. When that first performance review rolls around, you can compare an employee’s contributions against the goals and objectives stated in the job description. There’s even the added benefit of legal protection, especially in cases where an employee may cry “that isn’t my job” when asked to do something.

Bottom line: An in-depth job description can help you make a better hire, while supporting the management and ongoing review of that hire.

So what does a well-written job description look like? Here are some guidelines:

Title. Give the job a title that fits the desired experience level and that indicates the rank within the company hierarchy (such as managerial, supervisory, clerical, etc.). Don’t use a title that is gender-specific. (For example, say “salesperson,” not “salesman.”)

Individual skills needed. Does the job require the use of certain equipment or computer programs — or some other specialized knowledge? List specific workplace qualifications, as well as broader qualities, such as “willingness to learn,” “customer service skills” and “team-playing skills.”

Responsibilities/duties. Describe the tasks the person will do routinely on the job, as well as the expected outcome. (For example, “Schedules building maintenance and repairs to ensure uninterrupted business operations.”)

Education or training requirements. Are specific degrees or certifications required for the job?

Minimum experience. What types of jobs will the ideal candidate have held previously? How many years of experience? Remember that more years of experience generally demand higher pay. Never refer to experience in terms of age. (For example, say “entry-level,” instead of “recent college graduate.”)

Work schedule. Will there be set hours? How many days a week? What type of flexibility is needed? Specify any environmental factors that may affect the position, too. (For example, excessive noise, high temperatures or outdoor work.)

Hiring and firing and the latest legalities along the way

In the HR world, two activities demand a lot of your time and attention – bringing new people on board, and letting people go. And not surprisingly, the recent recessionary crunch and temperamental job market have led to some legal changes that affect your hiring and firing practices. Here are some of the latest legal considerations – and the paperwork you need to stay on track.

Hiring – Claiming the payroll tax exemption under the HIRE Act

In a move to encourage recession-weary employers to hire again, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act on March 18, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

A payroll tax exemption — An exemption from the 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

A new hire retention credit — A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

You can now use the recently issued “HIRE Act Employee Affidavit,” or “Form W-11” to claim the payroll tax exemption. The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Take advantage of this exemption for newly hired, eligible employees with our Downloadable Form W-11.

For more information about the HIRE ACT, check out our HIRE Act FAQs.

Firing - Another short-term COBRA subsidy extension is in effect

In a now-familiar move with the COBRA subsidy, President Obama pushed out the eligibility date again. The bill extends the 15-month, 65% federal premium subsidy to employees laid off from April 1 through May 31, 2010. (The previous extension expired March 31.)

At the same time, President Obama urged lawmakers to pass legislation that would extend the COBRA premium subsidy to eligible individuals through the end of the year. While the Senate has cleared such a measure (Tax Extender Act of 2009), the House has not yet acted on it.

Inform employees of their COBRA rights with our Downloadable ComplyRight™ Initial Notification.

Hiring to get a boost with tax breaks for employers

With the economy crawling out of the shadows and showing signs of life again, so is hiring. We already learned that the U.S. economy posted its largest job gain in three years last month. And help is coming from the White House, too.

In a move to encourage recession-weary employers to step up their hiring efforts, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act in mid-March, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

1) A payroll tax exemption - An exemption from the employer’s 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

2) A new hire retention credit – A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

To support this hiring incentive and help employers claim the payroll tax exemption, the IRS has issued a draft form (“HIRE Act Employee Affidavit,” or “Form W-11”) to confirm that an employee is qualified. Keep in mind, though, that you can use another similar statement if it contains the same information as Form W-11.

The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Most eligible employers will then use Form 941, Employer’s Quarterly Federal Tax Return, to complete the payroll tax exemption claim – also available in draft form from the IRS.

And who is a “qualified employee,” you ask? That would be an individual who:

=> Starts working for you after February 3, 2010, and before January 1, 2011
=> Completes the signed affidavit
=> Is not replacing another employee unless that employee left voluntarily or for cause (such as downsizing)
=> Is not related to you

G.Neil will keep you informed about the HIRE Act and finalized versions of the related tax forms once they’re released. In the meantime, you can check out the FAQs on the IRS website.

It's a good Friday for job growth, too

On this sunny Friday afternoon, I thought I’d pass along some equally cheery news from the job front:

The U.S. economy posted its largest job gain in three years in March.

More specifically, the Department of Labor said employers added 162,000 jobs last month – 123,000 of those by private employers.

"It's just the beginning of a rise in private hiring that will help sustain the recovery," said Stuart Hoffman, chief economist at PNC Financial Services Group."They're not big numbers, but they're welcome numbers."

And although some of the news in the report was mixed, I’d like to sustain your good mood with only these additional, upbeat details:

=> Manufacturers added 17,000 jobs, the third straight month of gains
=> Temporary help services added 40,000 jobs, while health care added 37,000
=> Leisure and hospitality added 22,000 jobs
=> Even the beaten-up construction industry added 15,000 positions
=> Plus, the average work week increased to 34 hours from 33.9

This recent report comes on the heels of data earlier this week that showed consumers are stepping up their spending, and manufacturing activity is growing at its fastest pace in more than five years. As they keep a close eye on the numbers, economists are hopeful that the nation will steer clear of a "double-dip" recession, where growth slows after a short burst.

"The stars are starting to align here," said Brian Bethune, chief U.S. financial economist at IHS Global Insight.

Under proposed bill, hiring an illegal worker could land you in jail

Last week, Rep. Frank Kratovil of Maryland introduced a bill that would increase prison terms and fines for employers who knowingly hire illegal workers. While current law imposes penalties if an employer shows a pattern of violations, the “Criminal Penalties for Unauthorized Employment Act of 2010 (H.R. 4627)” would expand the penalties for employing unauthorized aliens as follows:

Criminal Penalties
First offense: A fine of $2,500 and/or imprisonment up to one year
Second offense: A fine of $5,000 and/or imprisonment up to two years
Third offense: A fine of $10,000 and/or imprisonment up to five years

Civil Penalties
First offense: A fine of between $1,000-$5,000
Second offense: A fine of between $5,000-$10,000
Third offense: A fine of between $10,000-$20,000

Under current law, criminal penalties for knowingly hiring an illegal alien only kick in after an individual with direct hiring authority shows a “pattern or practice of violations.” The proposed bill would be more hard-hitting by authorizing imprisonment for any offense, as well as increasing the maximum terms of imprisonment, criminal fines and civil fines. Keep in mind, too, that these proposed fines and prison terms are per violation, with penalties increasing for repeat violations.

“Employers who hire illegal immigrants are not only breaking the law, but they are also undermining the legal immigration system, creating an unfair advantage over employers who are playing by the rules, and hurting American workers,” said Rep. Kratovil. “We can’t make progress toward reducing illegal immigration until we get serious about cracking down on the bad actors who are creating the incentives."

As we’ve warned countless times on this blog, this is no time to take chances when verifying an employee’s eligibility to work in the U.S.! Homeland Security is already stepping up inspections and enforcement for I-9 Form violations. And if this bill were to get passed, the impact for non-compliance could be that much more costly and crippling to your business.

For guidance with your I-9 practices and to protect your business from a potential audit, check out our latest podcast, Employment Verification Guidelines and Tips. Grab a cup of coffee, sit back and listen as employment law attorney Lillian Mojica covers the current employment verification guidelines and tips for ensuring every I-9 Form is completed properly.

Hiring to come out of its deep freeze as economy warms up

According to CareerBuilder’s 2010 Job Forecast, employers will be revisiting their hiring strategies in the new year, largely due to the dark cloud of the depressed economy beginning to lift.

"There have been many signs over the past few months that point to the healing of the U.S. economy, especially the continued decrease in the number of jobs lost per month, a trend that will hopefully carry over into the new year," said Matt Ferguson, CEO of CareerBuilder.

In its survey of more than 2,700 hiring managers and human resource professionals nationwide, CareerBuilder uncovered some very encouraging hiring predictions for 2010, including:

=> 20% of employers plan to increase their number of full-time, permanent employees
=> 11% of employers plan to add part-time employees
=> Employers in the West plan to increase their headcounts the most of any other region, with nearly 24% saying they will add full-time workers (compared to 21% in the Northeast, 20% in the South and 16% in the Midwest)
=> Hiring is expected to increase the most in these industries: information technology, manufacturing, financial services, professional and business services, and sales
=> The types of jobs that employers plan to hire for most frequently are technology and customer service, followed by sales, research/development, business development, accounting/finance, and marketing

Hiring isn’t the only area being resuscitated in the new year. According to the CareerBuilder survey, companies will be “making up for lost ground caused by the recession” by pursuing 10 additional key trends.

In yet another “top 10 list” in a January blog post (!), these key initiatives include:

1. Replacing lower-performing employees
2. Focusing on social media to strengthen brand
3. Rehiring laid-off workers
4. Providing flexible work arrangements
5. Cutting perks and benefits
6. Rehiring retirees and postponing retirement
7. Turning to freelance or contract hiring
8. Adding green jobs
9. Stepping up bilingual recruitment
10. Reducing business travel

So what about your business? Will hiring come off the back burner and make an appearance again in 2010? And what about the other trends CareerBuilder revealed in its survey? Will you be taking any of the same steps?

Fast-food giant "burned" for mistreatment of transgender applicant

Although it has a strict policy prohibiting any form of discrimination or harassment in hiring, termination or any other aspect of employment, a McDonald’s in Orlando, Florida, is eating its words due to a former employee who overstepped his bounds.

In a complaint filed by the Transgender Legal Defense and Education Fund (TLDEF) before the Florida Commission on Human Relations, 17-year-old Zikerria Bellamy claims she was not hired by the fast-food restaurant because she was a transgender.

When Bellamy filled out the application at the Orlando location, she did not check off the box that asks whether the applicant is male or female (a voluntary question that states, “failure to respond will not subject you to adverse treatment”). Later, when she went in for an interview, she was forced to check off the box indicating her gender. And then, to make matters worse, she received this damaging voicemail: "You will not get hired. We do not hire (expletive). You lied to me. You told me you were a woman.”

McDonald’s quickly defended its position – and policies - forbidding this type of behavior:

"The behavior of the individual in question is not reflective of the employment policies in the organization. Further, this individual acted outside the scope of his authority and was not responsible for hiring.”

Not surprisingly, the individual in question is no longer employed by the restaurant.

Is your company doing enough?

According to the New York-based TLDEF, nearly 50 percent of transgender people in the United States have been fired or refused a job because of their transgender status.

While federal law clearly protects employees and applicants from discrimination based on race, color, religion, sex and national origin under Title VII of the Civil Rights Act of 1964, it doesn’t offer similar protections on the basis of sexual orientation or gender identity. Protection runs deeper on a state level, however, where almost half the states and the District of Columbia have enacted laws prohibiting sexual orientation discrimination in public and private employment. And earlier this year, Rep. Barney Frank (D-Massachusetts) introduced the Employment Non-Discrimination Act of 2009, a proposed federal law that would prohibit sexual orientation discrimination in the workplace.

Legal requirements aside, many employers recognize that in today’s diverse environment, instituting policies and procedures that prohibit this type of discrimination is smart business.

Preventing sexual orientation discrimination in the workplace starts with understanding current laws, examining your policies and procedures, and training employees to abide by those policies.

For a quick overview of the issues, check out an earlier blog post, Sexual orientation, gender identity discrimination protections gaining legal ground, and the article in our G.Neil library, Sexual Orientation and Gender Identity Protection.

For specific guidance creating gender orientation policies and procedures, read our free whitepaper, Creating a Gender Orientation Policy for Your Workplace (pdf).

Needed: Marketing manager who does computer programming, outbound sales and the tango

I’m used to seeing all the sobering statistics concerning our country’s dismal unemployment rate (just over 10 percent now!), but this headline caught my eye, “State’s jobless rate lets employers ask more from potential hires”.

While the article pertained to Washington, I’m sure the situation applies everywhere. It seems that the lingering recession and extreme competition for jobs have created a whole host of picky employers. The days of simple, streamlined job listings are over, as employers demand more and more from potential hires.

The Seattle Times article shares these examples:

=> Health-care clinic seeks someone who has both marketing experience and knowledge of computer-networking software

=> Environment nonprofit looking for someone to troubleshoot Apple computers, lift up to 50 pounds, work long hours and travel up to seven days at a stretch

=> Catering company needs an event planner who knows basic HTML and is willing to do “personal assistant tasks” for the owner

With companies having to stretch their resources thinner than ever and only cautiously bringing in new hires, this may be the new “normal.”

“Companies of all sizes are advertising such ‘hybrid jobs’ in an effort to save
money,” said Lanell Flint, Northwest vice president for Ajilon Professional
Staffing. "Everyone is trying to do more with less.”

The article states another possible reason for job listings demanding extensive (and sometimes random) job requirements and work experience: less time or money for on-the-job training. In lieu of training to fill in gaps or weaknesses for an otherwise qualified individual, employers want candidates who can “hit the ground running” on all counts.

This employment pickiness often makes for a longer, more drawn-out hiring process, too. It’s not unusual for employers to leave positions open for longer or bring people in for multiple interviews.

What about your company? How has your hiring process changed during the continuing recession? Have you revisited your job descriptions and what you need from new hires? And with more candidates to choose from, are you getting pickier with your selections?

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