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Last month I was invited to Chicago to present to the Utility Line Clearance Coalition on how to retain, train and engage a Hispanic Workforce. The ULCC represents 90% of all line clearance tree trimmers; they focus on safety and best practices for all tree trimming companies in the United States.
As you might suspect, most of their employees are Hispanic and they were looking for tips on how to increase safety for their Hispanic workforce. Did you know in 2002 OSHA reported 15% of all workplace deaths were Hispanic?
Safety and much more was covered in my presentation and will be used to train their supervisors. Here is an outline of the training covered; if you are interested in this specialized training for your supervisors and managers please contact me.
* Hispanic vs. Latino – which is correct?
* Hispanization of America
* Latino Values, Needs and Expectations
* Expectations of Employers
* Recruitment Strategies
* Performance & Employee Cultural Considerations
* Rewards and Motivation
* Unionization and Employee Relations
* Overcoming Communication Barriers
Here are some specific things YOU should be aware of when communicating with your Hispanic employees and contractors.
| Meeting Situations |
Some Hispanic cultures require you greet and say goodbye to everyone in the group before exiting a room or meeting. |
| Eye Contact |
Mexicans and some Central Americans look down/away to show respect.South Americans will look in the eye but it is rude to stare. |
| Body Language |
Sitting close is okay.Never pat on head.
It is bad manners to slouch, lean or plop into a chair. |
| Social Expectations |
Social expectations hold higher priority than salary so be flexible with family related benefits like time off and Hispanic holidays. |
If you have questions about how to work best with your workforce please don’t hesitate to give me a call.
Many of my clients have asked me to outline the reasons why job descriptions are critical. I have also included a sample job descriptions template for you.
1) Job descriptions outline the necessary knowledge, skills, and abilities each position must have to successfully complete tasks.
2) Job descriptions clearly identify the expectations and responsibilities of the job.
Job descriptions outline the working conditions, tools, and equipment necessary to complete the job.
3) Job descriptions document the mental, physical, and environmental factors necessary to complete the position.
4) Job descriptions help the employee understand the essential functions of the job and attest to understanding what is expected of them. This also provides an opportunity for the employee to ask for any accommodations under Americans with Disability Act Amended (ADAAA).
5) Job descriptions not only educate the potential employee about the scope of the job, they also PROTECT the employer in case of a dispute.
If you have questions about how to write job descriptions for your place of business please don’t hesitate to give me a call.
The Hiring Incentives to Restore Employment Act of 2010 (HIRE) became law on March 18, 2010 as signed by President Obama. Unfortunately, this new law did not get a lot of press due to the Health Care Reform Passage, but is critical for employers who intend to hire.
Under this law, an employer who hires an employee after February 3, 2010 and before January 1, 2011, will receive a tax credit equal to the employer’s portion of the Social Security tax (FICA) for hiring an unemployed worker for new positions or replacement for employees who resigns or discharged for cause. All employers except government institutions are eligible for this great tax credit.
Key facts of the HIRE Act:
- Temporary payroll tax forgiveness of the employers 6.2% share of Social Security taxes (FICA) on wages paid to new hires. Employers will not have to match 6.2% of FICA on the employee’s wages for 2010. The exemption is effective March 19, 2010 to December 31, 2010.
- There is an additional general business income tax break of $1000 per employee hired for all businesses who hire a qualified employee under the ACT. This applies only if the employer continues to employ the employee for 52 weeks.
- Revised IRS Form 941 (Employers quarterly federal tax return) to document these tax credits.
To qualify for ACT, employees:
- Must be hired after Feb. 3, 2010 and before January 1, 2011
- Must certify and sign an affidavit stating the employee had not been employed for more than 40 hours during the 60 days period prior to the new hire date with new employer. On April 7, 2010 the IRS released its final version of Form W-11 which is the HIRE Employee Affidavit. The IRS does not require employers to send the affidavits in, however these should be kept in the employee’s file.
- Must be employed for a new position or replacing an employee who voluntarily quit or discharged for cause.
- Are not covered by the Work Opportunity Tax Credit program.
- Are not relatives of the employer.
- Can not earn more than $106,000 per year.
Reference: SHRM Article 3/27/2010: Hiring Incentives to Restore Employment Act of 2010 (HIRE)
There are two types of terminations: voluntary and involuntary.
Voluntary termination is an employee resignation for another job, personal reasons, retirement, etc.
Involuntary termination is initiated by the employer to terminate the employee’s employment.
Reasons for involuntary termination can be unsatisfactory performance, layoff and misconduct (violations of employers code of ethics, conduct, policies, practices and/or rules).
It is essential that all companies and managers know the appropriate federal and state employment laws that could affect terminating employees.
Follow your employer policies and procedures in your handbook.
(Call us ASAP if you don’t have a handbook!!)
If you do not have a handbook then employers should outline the progressive discipline process for all employees. The progressive discipline process should include: Coaching and counseling, verbal warning, written warning, suspension and termination.
The employment at will doctrine (not a law) pertains to the employers right to terminate the employment relationship at any time, for any reason, with or without notice, as long as the employer is not violating any oral and written contracts, public policy, or covenant of good faith and fair dealing.
Very Important Documentation:
- Document whether the employee knew a policy existed and was warned about violating the policy.
- Document evidence that a valid business reason exists for the termination.
- Document that the termination does not violate any law, policy or employment agreement.
- Document evidence that other employees who engaged in similar conduct were subject to similar discipline. Must prove that race, color, religion, gender, national origin, disability, genetic disposition, pregnancy, age, etc) had nothing to do with the termination decision.
- Document a thorough investigation was conducted prior to any termination decision. The documentation should also have evidence that the employee was given the opportunity to state their side of the story.
- Document the discussions, record, evidence and communication to the employee regarding the performance issue, time to improve, how to improve and that failure to improve would result in termination in employment.
Conduct all meetings in private and follow up all discussion with notes.
During the Termination Meeting:
- Remain calm.
- Avoid small talk.
- Clearly state the reason for the termination.
- Avoid personal references or accusations.
- Be prepared.
- Provide the employee with the termination notice.
- Discuss final check, company property, etc.
- Exit the employee from the building.
Source : SHRM Termination Decisions ToolKit 2008; CCH Incorporated, 2008
Exit interviews are important to gather critical information about morale, management practices, salaries, etc. Ask questions such as:
1. Why are you leaving?
2. What did you like most and least about the job?
3. Did the job give you opportunities to make adequate use of your skills and abilities?
4. How do you feel about your salary and company salary structure? Were you paid fairly?
5. How do you feel about the company’s benefits and programs?
6. What did you think about the performance management process? Did you know where your performance stood in the eyes of your supervisor?
7. How do you feel about the quality of the supervision you received on the job? Were you watched too closely? Were you given clear instructions and expectations?
8. Do you feel your work was appreciated?
9. How did you feel about our working conditions?
10. Did you receive adequate training?
11. How would you rate this company as a place to work? Would you want to work here again?
Source : HR Daily Advisor “2 reasons why you must do exit interviews” January 26, 2010
If you answer “no” to any of the questions below, review the termination carefully.
1. Have the violations been thoroughly documented and investigated?
2. Are there facts to support the discharge?
3. Has the employee been told discharge is the next step in the process?
4. Is the violation so serious that it requires immediate discharge?
5. Do employee handbooks clearly state that an employee can be discharged for this violation?
6. Does the employee know the appropriate rule and penalty they violated?
7. Has there been a serious, documented effort to help the employee correct the behavior or performance?
8. Have other employees been discharged for the same violation?
9. Has the employee received a fair hearing to their side of the story.
10. Has this employee gotten away with the same violation in the past?
11. Has the employee experienced any retaliation from other employees or management?
12. Has the employee been treated fairly?
Before you terminate an employee check with an HR Professional!
Reference: BLR HR Daily Advisor 6/16/2009. Termination Lawsuit Risks Reduced? Check!
A background check confirms an applicants truthfulness on their application and can include verification of: identity, criminal and civil history, employment, education, licensing, motor vehicles report, and credit history.
1. The average jury verdict for negligent hiring* is $810,000.
2. In a bad economy, people tend to misstate their backgrounds in desperation for a job.
3. A bad hire can cost your company 2 times the individuals salary to replace.DAS Header
At DAS HR Consulting we conduct background checks for our clients.
* Negligent hiring: hiring an individual for a job without conducting proper screening.
If you are someone who wants to pursue another profession or career, during this recession–THERE IS HOPE!
The following job openings are projected to grow between 2006-2016! Here are the top 25 fastest-growing occupations and number of potential positions:
1. Network Systems and Data Communications Analysts (401,600) 53%
2. Personal and Home Care Aides (1,155,800) 51%
3. Home Health Aides (1,170,900) 49%
4. Computer Software Engineers, Applications (732,500) 45%
5. Veterinary Technologists and Technicians (100,400) 41%
6. Personal Financial Advisers (284,400) 41%
7. Makeup Artists, Theatrical and Performance (3,000) 40%
8. Medical Assistants (564,600) 35%
9. Veterinarians (84,000) 35%
10. Substance Abuse and Behavioral Disorder Counselors (112,000) 34%
11. Skin Care Specialists (51,300) 34%
12. Financial Analysts (295,200) 34%
13. Social and Human Service Assistants (452,600) 34%
14. Gaming Surveillance Officers and Gaming Investigators (11,600) 34%
15. Physical Therapist Assistants (79,800) 32%
16. Pharmacy Technicians (376,400) 32%
17. Forensic Science Technicians (17,100) 31%
18. Dental Hygienists (217,200) 30%
19. Mental Health Counselors (129,000) 30%
20. Mental Health and Substance Abuse Social Workers (158,800) 30%
21. Marriage and Family Therapists (32,100) 30%
22. Dental Assistants (361,500) 29%
23. Computer Systems Analysts (649,600) 29%
24. Database Administrators (153,500) 29%
25. Computer Software Engineers, Systems Software (448,700) 28%
Source: America’s Career InfoNet (www.acinet.org/acinet) provides data from a variety of federal and state sources, including the Bureau of Labor Statistics (BLS) and the Occupational Information Network (O*NET) at the U.S. Department of Labor.
Being in a recession can be scary for employers AND employees.
Here are 5 proven tips that work in a recession:
1) Have weekly meetings with all employees to share the state of the company; employees want to help but can’t if they do not have information!
2) Involve employees in the decision making; if there are cost savings needed, have them come up with them.
3) Re-evaluate your incentive structure to reward cost savings and new clients that employees have produced.
4) Re-evaluate all positions descriptions and organizational structure; many employees may want added responsibilities to enhance their skills set.
5) Celebrate whenever you can with your employees – new clients and new business.
by Mick Doherty
The words which flash across the screen during American’s newest
commercials are already familiar to employees system wide:
We are an airline
But it’s become clear we are more
We are a way of life
The freedom to come and go
Anywhere, any time
With confidence and peace of mind
We are an airline that is proud to bear the name … American.
“We hope those words ring particularly true in the workplace, as well,” says Di Ann Sanchez, vice president of Diversity and Talent Management. “We’re taking important steps to ensure that ‘the freedom to come and go, with confidence and peace of mind’ applies to the way our employees experience the company, as well as our customers.”
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