The economy stinks but retailers still need seasonal help

In fact, nearly three in 10 retailers (29 percent) are looking to bump up their seasonal help for the upcoming holidays, according to a nationwide CareerBuilder survey.

On par with seasonal hiring in 2010, companies in other industries expect to hire a similar number of temporary workers. The key areas to be targeted include sales, customer service, shipping and administrative support.

While companies are hiring the same amount of people as last year, they're doling out more pay. More than half of employers (53 percent) indicated they will pay $10 or more per hour for seasonal staff. Approximately 14 percent will pay $16 or more.

If you're one of those companies seeking seasonal help this year, check out this previous post for tips on getting the most out of your temp relationships.

The economy stinks but retailers still need seasonal help

8 important tips when hiring temps

For many small businesses, hiring temps is the perfect solution during seasonal upswings (the holidays are right around the corner!) or when extra help is needed because someone is out on maternity or disability leave. Or perhaps you’re looking to fill a recently vacated position but want to “test the waters” first: A temporary worker can be offered a full-time position if you’re happy with his or her performance after a certain period of time.

While there are many advantages to hiring temps, there are precautions to consider, as well. Keep the following in mind when hiring temporary workers:

1)
Temporary employment involves a set period of time, such as days, weeks, months, the duration of a special project or the length of time a permanent employee is out. Generally speaking, an employee is either full-time or part-time, regardless of temporary status. This matters because certain federal and state employment laws apply to employers based on the number of employees – and may or may not count temps in the total.

2)
When you work with a staffing agency, the agency is responsible for recruiting, screening, testing and hiring workers; handling timekeeping, payroll and related taxes; and providing unemployment and workers’ compensation insurance. If you decide to use an outside agency, you’ll typically pay a fee that includes the candidate’s hourly rate and the agency’s markup to cover the above services.

3)
Even if the agency oversees the above services, you are considered the temp’s co-employer. As such, you need to be mindful of workplace issues like safety, preventing discrimination and harassment, and wage and hour compliance under the Fair Labor Standards Act (FLSA).

4)
If you hire the temp directly, you will need the individual to fill out an I-9 form and provide the appropriate documentation verifying his or her eligibility to work in the United States. The temp also must fill out a W4 so you can process the correct withholdings for payroll.

5)
At the very beginning of the temp relationship, specify the pay rate, pay period, pay day, eligibility for benefits (if any) and length of employment. Remember that if a temporary, non-exempt employee works more than 40 hours in a workweek, he or she is entitled to overtime pay for those hours.

6)
You are not required to provide paid time off (vacation, sick or personal days) to temporary employees. You don’t have to extend health insurance either. Many employers consider this a significant cost savings - and benefit - to hiring temps.

7)
Whether you’re working with an agency or hiring a temp on your own, it’s important to explain the job, the skills needed and your basic expectations. Take the time upfront to work through these details to ensure a good fit and avoid problems down the road.

8)
This should go without question, but always treat your temp workers with the same respect and care you do your permanent staff. Tammy is not “just a temp,” but an important part of your workforce, if even for a short amount of time.

8 important tips when hiring temps

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.

Discrimination against job seekers a persistent, national problem

What's credit got to do with it, anyway?

As we discussed in an earlier post, more than a dozen states are working toward banning credit and employment checks on job applicants. It's a move that has gained widespread support. In fact, in a public meeting held by the EEOC last fall, a group of experts examined whether it's even appropriate to consider credit history as a screening tool. The general consensus? With unemployment reaching record levels throughout the country, credit checks are unfairly excluding otherwise qualified applicants from legitimate job opportunities.They can negatively impact certain protected groups, such as women and people with disabilities; they are a poor, or unreliable, predictor of job performance; and they are often inaccurate or riddled with errors.

Here's the latest on the state front:

Maryland has joined Hawaii, Washington, Illinois and Oregon in curbing the use of employment credit reports. The Maryland Job Applicant Fairness Act prohibits employers from exploring a person's credit history as a condition of employment. Of course, there are exceptions for financial institutions and for a "bona fide purpose that is substantially job-related," such as for positions involving money-handling or other confidential job duties. And in those cases, employers must disclose in writing to the employee or applicant their intent to pull a credit report.

For Maryland employers, the law goes into effect October 1, 2011. Violations of the law are subject to fines up to $500 for an initial offense and up to $2,500 for repeat violations.

For the rest of the nation's employers not affected by state-specific screening guidelines, you may want to revisit your hiring practices - and determine just how essential (or necessary) credit checks are to securing qualified applicants.

What's credit got to do with it, anyway?

New E-Verify tool helps job seekers verify employment eligibility

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

The launch of E-Verify Self Check – a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) – means U.S. job seekers can now check their own employment eligibility status before obtaining jobs. 

This voluntary, secure service is the first online tool of its kind, designed to allow workers to review their employment eligibility in their job search, as well as correct any errors in their DHS and SSA records. Doing so can protect them from potential difficulties in being hired by an E-Verify participating employer. This preliminary step can create efficiencies for businesses, as well.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal workforce,” said Secretary of Homeland Security Janet Napolitano. “The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.”

New E-Verify tool helps job seekers verify employment eligibility

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.

Passing over the unemployed would be unlawful under new bill