Archive for Employment law

COBRA subsidy extended

The US Congress voted in late December to extend the COBRA subsidy available to qualified workers who have involuntarily lost their jobs.

This legislation originally provided the grant covering 65% of the COBRA premium for up to nine months.  The new legislation expands eligibility to up to fifteen months.

The legislation originally covered qualified workers whose employment had ended by December 31, 2009.  The new legislation extended the employment ending date as late as February 28, 2010.

The most recent Kiplinger Newsletter reminds employers of two new deadlines relevant to this extension of the COBRA subsidy.

  1. Employers must send a (separate) notice by January 31st to any involuntarily unemployed workers eligible for retroactive coverage under COBRA.  This would include workers whose original 9-month subsidy expired in 2009 and who dropped COBRA coverage as a result.
  2. Employers must notify by February 27th all COBRA-qualified former workers about the subsidy extension.

The Department of Labor website has additional information about the ARRA-funded COBRA subsidy.  You may access this by clicking here.

No comment »

New I-9 forms

Just a reminder that the new federal I-9 forms (for verifying eligibility for employment in the United States) are available. 

Use date was delayed by the US Citizenship and Immigration Services (USCIS) for an extended 30-day period for public review and comment.  These new forms are now scheduled to be in effect as of Friday, April 3, 2009.

For more information about I-9 forms as an employer, visit the USCIS site.

Happy hiring!

No comment »

Interviews

What questions can and can’t I ask in an interview?

Perhaps the one thing that makes a hiring manager the most nervous about an interview is the fear that they may be asking “illegal” questions.  Those who don’t interview on a regular basis are often afraid to carry on a normal conversation with an applicant for fear that they are going to cross that line and get themselves in trouble.

For the record, it is illegal to discriminate on the basis of race, color, religion, sex, national origin, ancestry, citizenship status (with regard to employment), age 40 and over, marital status, physical or mental handicap, military service, unfavorable military discharge, and sexual orientation.  For more details, you can access this link - http://www.state.il.us/dhr/.  

You cannot ask questions that might lead to discrimination in hiring.  What you can do is ask questions related to the skills needed for the job.

Can they perform the functions of the job?

The key to the legality of your interviewing questions is this - can the applicant perform the functions of the job?  Your first line of defense is to have a detailed job description for the position you are looking to fill.   With that in hand, a question might go like this:  “This job requires that you stand on your feet for up to 8 hours each day.  You will be filling and lifting boxes that weigh up to 30 lbs each from a conveyor and stacking them on a pallet, and repeating this up to 50 times each day.  Can you do that?”  Or another; “This job requires that you be proficient using Excel and able to set up spreadsheets from scratch, including formulas and macros.  Can you do that?”  “Can you give me examples of projects where you did that?”

Having a list of specific questions will accomplish two purposes.  One, you can address all of the requirements in an effort to determine the applicant’s fit for the job.  Second, you will keep yourself out of trouble by not straying into subjects that are inappropriate.

Phone Interviews

Under most circumstances, a face-to-face interview is preferred.  However, if you need to hire a receptionist or a customer service person, someone who will be regularly talking to customers on the phone, then first conduct a phone interview.  Call them at their home and talk to them over the phone before you meet them in person.  This will simulate the experience that your customers will have when they make contact with your company. 

Structured vs. unstructured

You are likely to learn more about the applicant if you don’t hold to a highly structured interview format.  Make your list of necessary questions, but avoid merely reading one after the other.  Make some small talk, ask them how the drive was from their home to your office, chit-chat about the weather or sports, etc.  Be pleasant and help them relax.  You will learn more about their personal side while avoiding the “wrong” questions.

Like meeting a new friend

When they are more relaxed with you, they will talk more freely and you will find out more about them.  Treat them like you are meeting a new friend.  Even if you don’t hire them, they will say good things about you and your company to others and make it easier to recruit the right candidate.

 

No comment »