Rob joined Mike Morrison of the Don and Mike Show for a podcast interview while onsite in California for ESCA. Rob’s interview comes in at the 17:42 mark.
“Mike was in California for ESCA Summer Educational Conference and Don was in Chicago for IFES … Interviews with attendees and recaps for this week’s show!”
Contact us with any questions you may have, we’re here to help: hr@employco.com
Employment expert weighs in on the most common illegal questions interviewees face
Previous research has revealed that in 1 in 5 employers have asked illegal questions during interviews. And, a recent study led by The Associated Press and CNBC found that many job interview candidates say that they have still been asked inappropriate (and illegal) questions about things such as their age and intention to have children.
Rob Wilson, human resources expert and President of Employco USA (a Chicago-based employment solutions firm), says, “The reality is that many employers and hiring managers are asking questions that are either blatantly illegal or just hovering near that line. Yet I think it’s important to note that these people are not willfully thumbing their nose at the law, but that they lack the training and the knowledge required to handle interviews in a professional and ethical manner.”
Not to mention, says Wilson, the laws which regulate job interview questions are ever-changing. Questions which used to be considered par-for-the-course, such as questions about a person’s criminal background, could soon be against the law.
“People in many states are working to keep questions about an interview candidate’s criminal history out of the job interview process all together,” says Wilson. “They view these questions as discriminatory and depending on where you live, questions about a person’s criminal background have already been removed from job applications.”
So, what other questions are off the table when it comes to a job interview?
Wilson says, “Questions about a person’s age and marital status are no-go’s. And, while you can ask about any vacations or traveling plans a person has in the future, you cannot ask about their intention to have children…even if you see a visible baby bump! Additionally, you cannot inquire about a person’s religious or political beliefs.”
Employment expert Rob Wilson also adds that in many cases, asking about a person’s salary history could also be frowned upon. “There is a movement to remove questions about salary history from the interview process. Proponents say that this could help to repair the gender pay gap as well as racial pay gaps.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.
H.R. expert talks warning signs and suicide prevention in the workplace
In the heels of the recent tragedies of Kate Spade and Anthony Bourdain, many employers might wonder how they can best support their employees and colleagues who might be struggling with depression and suicidal thoughts. This is a valid concern, as workplace suicides have become a more common event in recent years.
According to the Centers for Disease Control and Prevention’s National Center for Health Statistics, suicides have increased by 35% in the last 10 years, and The Wall Street Journal says, “As suicide rates have climbed in recent years, so have instances of employees ending their lives at the workplace.”
Rob Wilson, President of Employco USA and human resources expert explains, “Of the 44,965 suicides in 2016, 291 of these deaths occurred in the workplace, which is a record high of workplace suicides.”
The trauma of a workplace suicide can be deeply devastating for coworkers and colleagues, even for those who did not directly witness the event or know the employee involved. “People instantly start to blame themselves and wonder what they could have done differently. They might feel anxious or have difficulty concentrating. The ripple effect will touch the entire office, whether your company is large or small.”
So, what should employers do to help support their staff?
“Every company should consider having an employee-assistance program for times like this. You can hire a therapist, particularly one with experience in suicide prevention. Create set times during the week where each employee will have time to sit down and speak with the counselor,” says Wilson. “You could also consider putting literature from the National Suicide Prevention Lifeline somewhere in the office, such as the employee break room or kitchen. And, when you see an employee who seems especially rundown or overworked, you might consider having a one-on-one chat with them and making sure they are okay. Encourage everyone to use their vacation time and to take time away from the office to clear their head.”
Wilson concludes, “The sad reality is that we are having a mental health crisis in our country at the moment. Some industries are having a particularly hard time right now, such as the New York Taxi Workers Alliance which recently shared the news that yet another taxi driver had taken his life due to extreme financial strain, making him the 6th NYC cabbie this year to make this heartbreaking choice. But, no matter where you work, our country’s current climate is tense, combative and anxiety-inducing. We all need to reach out and support one another a little bit better.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.
Rob, Scott, and Jason discuss legal vs. illegal interview questions; from laws that prohibit hiring discrimination to questions that you can and cannot ask. Plus, some recommendations on best practices for interview scenarios.
Employco also has an upcoming live webinar discussing “Legal Recruiting and Hiring” on June 21st. Register here: https://www.employco.com/blog/2018/06/06/webinar-june-2018/
Contact us with any questions you may have, we’re here to help: hr@employco.com
Legal Recruiting and Hiring
Join us on Thursday, June 21 for a live, 30-minute webinar designed to provide you with information on the latest legal trends and requirements related to recruiting and hiring new employees.
The recruiting and hiring process is complicated enough without the additional burden of having to worry about potential legal concerns and discrimination claims. Several federal and state laws influence a company’s search, evaluation, and selection of new employees. To help avoid discrimination claims, information requested from the applicant should be directly related to the position he or she is interviewing for.
Registration is FREE for current Employco clients and first time participants (the cost is $249 otherwise).
Employment expert explains why groundbreaking bill was shot down, and what employees need to know
Last week, California made the decision to shelve a law which would have offered workplace protections to employees who are qualified to use medical marijuana. In part, the bill could have allowed these qualified users to be “under the influence” of medical marijuana at work, provided that they were not unduly impaired or having a negative impact on the company.
“Critics of California’s AB-2069 said that the bill was too broad and impinged on an employer’s ability to maintain a drug-free workplace,” says Rob Wilson, President of Employco USA and employment solutions expert. “This is an issue that is only growing in size and scope, as many states now allow marijuana use, either medically or recreationally or both. This has led to some very murky waters for employers, especially as some states prohibit the discrimination of employees with a medical marijuana card, while other states do not.”
So, what should an employer do to navigate this issue?
First, Wilson advises employers to get familiar with their state’s specific legislation. He also says, “If your employees are part of a collective bargaining unit, then it is likely that drug stipulations already exist, including specific limits for drug use. For example, in a recent case, an employee was found to be under the influence while on the job, but he claimed his medical marijuana card gave him permission to use while working. However, a drug test revealed that he was 10 times above his prescribed limit.”
Employment expert explains why it’s illegal in many states to ask about past salary
Several cities and states have banned the infamous “salary history” question from the interview process, including California, Delaware, Massachusetts, New York City, New Orleans, and many more. But, why is this question being banned, and what do employers need to know in order to protect themselves?
“Part of the thinking behind banning the salary history question is that it will help to minimize the gender pay gap,” says Rob Wilson, President of Employco USA and Employment Trends Expert.
The belief is that inquiring about salary history can create a vicious cycle in which women are paid less presently and in the future, simply because they were paid less in the past. Concerned civil rights activists point to the fact that women are offered less when compared to similarly trained and educated males, even when these interviewees are coming right out of college.
“In other words, social justice activists want to reverse this trend by wiping that question off the interviewer’s docket,” says Wilson. “And, interviewees who lie or fudge their past earnings do so at their own peril: It is possible for employers to discover your salary history, as some employers ask for W-2 forms or pay stubs to confirm your compensation, or they might ask you to sign a form to permit them to ask your employer about your past earnings.”
Wilson says that people also say asking about salary history is unfair when it comes to employees who are moving from a city with a lower cost of living.
“For example, if a Chicago-based employer asks someone who lives in rural Indiana about their salary history, it could be seen as problematic because that employee is going to be faced with the high cost of city living although they are going to be receiving compensation based on their previous low cost of living,” says Wilson.
So, what should employers do?
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.
H.R. expert reveals what employees need to know about their rights
A new survey of 2,000 employees has revealed that 100% of people say that their coworkers are annoying. Simply put: We all have a coworker that gets on our last nerve. The most annoying behaviors in the workplace include: loudness, gossip, bathroom/eating habits, and email/meeting behavior.
Rob Wilson, President of Employco USA, and human resources expert, says, “It makes sense that loudness tops the list of most annoying behaviors, because many offices are now embracing an open-floor plan. As a result, it can be difficult to retreat from noise or find peace and quiet to do your work.”
Wilson also says that tech-based missteps also rate high on the list. “People who hit ‘reply all’ when it is not necessary to do so, or who send kissy-face emojis or use text speak in their emails (such as ‘LMK’ or ‘TTYL’) tend to get under other people’s skin,” he says. “It shows a lack of professionalism and an assumption of familiarity that can feel invasive.”
Another new issue that many employees are facing is related to allergens, such as a person who might have a sensitivity to certain fragrances, yet they are sitting close by a coworker who douses themselves in floral perfume every morning.
So, what are employees’ options if they find their coworker annoying?
“When it comes to a small matter such as an issue with a person’s speaking volume or if they have a habit of eating smelly tuna at their cubicle, the best thing to do is to approach the person one-on-one. Keep it light, and you can even be a bit self-deprecating,” says Wilson. “Mention that you have a health issue which makes your nose sensitive to fragrance and can even lead to serious migraines, or explain that you struggle to concentrate when music is playing.”
But, if the employee won’t compromise, you are going to need to speak to H.R., says Wilson. “If you have a suggestion box or an anonymous form, you could select this option if you are concerned with anonymity. Some offices now even have an online suggestion box where people can send in anonymous questions and comments to H.R., and these can be very invaluable. Human Resources can often easily find a solution, whether it’s moving your cubicle farther away from a loud-talking employee or instituting ‘quiet hours’ or allowing noise-canceling headphones.”
Ultimately, Wilson says, some annoying behavior from coworkers is unavoidable, but for the most part, employees can work together to create an enjoyable and pleasant environment for everyone.
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.
Chicago-based employment expert explains “Illinois Secure Choice”
Starting in May 2018, a new retirement plan called Illinois Secure Choice is being introduced in Illinois. For the first several months, this program will be voluntary, but beginning in November 2018, employers will be legally required to participate in this plan. However, many companies are still woefully uneducated or undereducated about this program.
“It is imperative that employers in Illinois become better acquainted with these changing retirement requirements,” says Rob Wilson, President of employment-solutions firm Employco USA, which is based in Chicago, IL and services a number of prestigious Illinois companies. “This is especially true right now, as big changes are coming with the Illinois Secure Choice Savings Program, which is a retirement savings plan that enables Illinois-based workers to save their own money through a regular payroll deduction.”
Here the employment expert outlines what Illinois employers need to know about Illinois Secure Choice:
“Employees can opt-out at any time. Employers will be responsible for dispersing information packets (provided by Secure Choice) to each of their employees. Employers will also facilitate enrollment of employees into Secure Choice, set up the payroll deduction process, and remit employee contributions to the plan provider. Employers who do not comply with the Illinois Secure Choice Savings Program Act may be subject to fines and penalties.”
Wilson concludes, “Instead of participating in Illinois Secure Choice, an employer can choose to offer an employer-sponsored plan, similar to ones that we have helped clients transition to. However, you need to move quickly in order to make sure you have your ducks in a row in time for these new deadlines.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.
Rob, Scott, and Jason discuss office etiquette and workplace annoyances; from body odor and fingernail clippings to reheating smelt in the microwave. Plus, a few tips on what can be done to help in these situations.
Contact us with any questions you may have, we’re here to help: hr@employco.com