Interviewing, Hiring, and Onboarding: Best Practices for Landing Cream-of-the-Crop Employees (and Weeding Out the Duds) Friday, September 16, 2011 Presented by the Employer Resource Institute © 2011 Employer Resource Institute. All rights reserved. These materials may not be reproduced in part or in whole by any process without written permission.

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© 2010 Employer Resource Institute. All Rights Reserved About Our Speaker Laura E. Innes, Esq., is a partner in the California-based law firm Simpson, Garrity, Innes & Jacuzzi. She is engaged exclusively in the practice of labor and employment law, combining preventive counseling for employers with civil and administrative litigation defense. Also, she is an experienced mediator and alternative dispute resolution practitioner, and she regularly conducts in-house training programs for her employer clients. Since 2004, Laura has been named annually as a "Super Lawyer" - within the top 5 percent of lawyers in northern California - in the employment law arena, and she speaks and writes very frequently on labor and employment law matters (including numerous sessions for ERI each year). Laura earned her law degree from the University of California at Berkeley, Boalt Hall School of Law.

Interviewing, Hiring, and Onboarding

© Business & Legal Reports, Inc Major Fair Employment Laws Civil Rights Act (Title VII) Age Discrimination in Employment Act Equal Pay Act Americans with Disabilities Act Genetic Information Nondiscrimination Act (GINA) Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Major Fair Employment Laws Executive Order Pregnancy Discrimination Act Immigration Reform and Control Act Uniformed Services Employment and Reemployment Rights Act California’s specific employment laws Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Company Policy Equal employment opportunity Our goal: To hire the best candidates for each job solely on the basis of qualifications Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Job Descriptions Write a job description for each position Focus on qualifications Specify essential job functions Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Job Descriptions Set reasonable educational and experience requirements Be careful of physical requirements Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Writing and Placing Job Advertisements Pay attention to your wording Focus on job skills and responsibilities Be careful with educational requirements Think about where you place the ad Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Applications Apply application procedures equally to all applicants Ask only what’s relevant to the job Be careful with pre- employment testing and criminal records questions Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Nondiscriminatory Interviews Write down your questions Describe the job objectively Ask similar questions of all applicants Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Nondiscriminatory Interviews Focus on job requirements and company policies Avoid stereotyping applicants Take notes of the conversation Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Interview Notes Factual No opinions or personal biases Job-related information only Keep notes on file for at least 1 year Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Questions You Can’t Ask Age Marital status Family Sexual orientation Health Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Questions You Can’t Ask National origin Citizenship Disabilities Religion Criminal record Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Questions You Can Ask Citizenship Language Family Disabilities Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Questions You Can Ask Attendance obligations due to religion Military service Criminal record Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Preemployment Testing Make sure tests are job- related Validate all tests Test all applicants for the position Give all applicants for the same position the same test Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Release Forms Releases allow legal access to information Releases must be in writing and signed by the applicant Include a release statement for each type of information Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Release Forms Information must be job-related Be specific about the information you need Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Reference Checks No job offer is made until references are checked Check references for all applicants Contact each reference given Document all information received Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Reference Checks Insufficient information Misrepresentations of material omissions Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Documenting References List all references you’ve checked Include the name of the person who made the contact Note how the reference was contacted List the name and title of everyone you contacted Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Documenting References File return letters and any records received Keep all notes of your telephone conversations Document unsuccessful efforts to contact references Retain documentation for at least 1 year Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Educational Information Have interviewees sign a Family Educational Rights and Privacy Act (FERPA) waiver allowing you to confirm proof of degrees or request transcripts Always follow up with the signed waiver in hand and check applicants’ educational information Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Restrictive Covenants Always ask interviewees if they are subject to any noncompete agreements, nondisclosure agreements, or similar restrictive covenants with current or former employers Consult with legal counsel about how to proceed if the answer is “Yes” Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Retaining Applications Don’t discard paperwork you’ve collected during the application process Have a policy about retaining or discarding unsolicited job applications and resumes Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Offer Letters Include “at will” language Attach the final job description with essential job functions and any contingencies Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Benefits of Orientation Explain your goals and philosophies as a company. Make new hires feel like a part of something larger than themselves. Teach new employees to take pride in their work. Explain your workplace policies and procedures. Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Benefits of Orientation Obtain employee handbook acknowledgments. Review your organizational structure. Solicit questions from new hires and identify persons they can to go with questions in the future. © Business & Legal Reports, Inc Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Think about the who. Build a foundation. Introduce yourself and what you do. Introduce their co-workers and teams. Who Should Run Orientation? © Business & Legal Reports, Inc Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc The first day on the job Follow-up sessions When Should You Do Orientations? © Business & Legal Reports, Inc Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc What Should You Cover? Benefits Expectations Performance evaluations Company history and background Supervisors and co-workers Policies and procedures Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Where Should You Conduct Orientations? Where are the new hires going to be working? What is the best location for them to concentrate and learn? What presentation equipment will you need? Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Orientation info letter: when to arrive, where to park, where to enter, what to wear, and what to bring Verify employment eligibility Little Things Really Matter Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Little Things Really Matter Prepare workstations and the first week's assignments Set up a welcome lunch if possible Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Special Case Orientations Temporary employees Part-time employees Employees with disabilities Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc PAY TIME EMERGENCY INFORMATION BENEFITS IDENTIFICATION EMPLOYEE HANDBOOK Administrative Items Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Work Schedules © Business & Legal Reports, Inc Work hours Breaks Overtime Absences Vacations and holidays Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Job-Specific Information Organizational chart Accountabilities Manuals Job description Performance appraisals Work tasks © Business & Legal Reports, Inc Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc General Items Safety Security Facility layout Phone system Supplies and materials Equipment Copyright 2011 BLR Inc.

© Business & Legal Reports, Inc Keys, access cards or codes Attire Food and beverages Smoking Visitors Parking General Items © Business & Legal Reports, Inc Copyright 2011 BLR Inc.

Laura E. Innes, Esq. Simpson, Garrity, Innes & Jacuzzi, P.C. 601 Gateway Blvd., Suite 950 South San Francisco, CA (phone) (fax) Copyright 2011 BLR Inc. Questions?

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