Nov 28

Background Screening Compliance – Knowing the Basics!

Like most topics in the HR world, there is more than meets the eye when it comes to Background Screening. It is quite a litigious industry and because of this, while conducting background checks is vital for employers, it is equally important to know the compliance regulations around background screening. Employers want to mitigate their risks, at all costs. Conducting background checks is proven to reduce workplace violence, protect against negligent hiring lawsuits, and reduce employee turnover, among many other valid reasons. Below are three key items to consider, and regularly review, with regard to your background screening policy.

Where to begin – Choosing a vendor and getting started:

 The first step in implementing, or when reviewing, your background screening policy, is making sure you have the right partner. Your background screening vendor plays a vital role in this process. Understanding that you have options and having a consultative relationship with your vendor, will ensure you are working together to achieve the policy you, as an employer, see fit for the company. One size does not fit all when it comes to background screening. There are different items to consider when deciding what type of searches you will run:

  • Are you regulated to run certain background checks by the state or federal government?
  • What staff, if any, will be exposed to vulnerable population and or personal/financial information?
  • Are you implementing a Drug Free workplace policy?
  • Are you verifying Education, Employment, License, Driver License…?

There are too many variables to list, which is why working with your vendor is crucial. Ask your vendor what industry standard is. What do other companies in your industry, and of your size, typically do? Compare this with your current policy. Most importantly, know and understand exactly what you are running and how the searches are performed.

Authorization and Disclosure Forms:

The FCRA (Fair Credit Reporting Act) makes an employer’s requirements very clear regarding obtaining Authorization and Disclosure. In short, it is imperative that employers have FCRA counsel review their forms and processes, to ensure full compliance. Many employers, around the country, are being sued for not being in compliance. Some of the most popular class action lawsuits are based on:

  • Release of liability language
  • Not obtaining the needed authorization and disclosure, before procuring the background report
  • Not having a “clear and conspicuous” disclosure, per the FCRA

Review these forms and processes regularly with your counsel, your staff processing background checks, and your vendor. Is your vendor providing you sample forms? If so, great, but please remember that these forms are your responsibility, as the employer, and so they are ultimately your responsibility to make sure they are up to date, compliant, and meet your process.

Adverse Action:

If you, as the employer, are taking adverse action, in part or in whole because of the background check your Consumer Reporting Agency provided you, there are additional steps that must be taken. The adverse action process will happen before making a final decision, this is key. Here are just a few items that are to be included in each notice (this is not a comprehensive list):

Pre-Adverse (First Notice)

  • Explain the intent to take adverse action
  • Provide a copy of the report
  • Provide a copy of the consumer’s FCRA Summary of Rights
  • This is the time for the consumer to dispute and for the employer to review the individual circumstances and assess what the applicant provides

Adverse (Second/Final Notice)

  • Explain that adverse action has now been taken
  • Provide dispute process and information, again
  • Explain the consumers’ rights to another free consumer report copy

The set time between the notices has not been defined for employers. The FTC (Federal Trade Commission) has previously suggested five business days is a reasonable amount of time but, as with everything else we have talked about, this should be reviewed with your counsel and set per your business practices.

While there are many other items to consider and review, this is a good starting point. Remember that your background screening policy should be a living document, regularly reviewed and updated as your business and the industry changes. Ban the Box laws, for example, are being implemented and are changing regularly. Stay in tune with your local and national HR associations, blogs, and networks, to track these changes. Ask your background screening vendor for resources and information to help to stay up to date in this ever-changing field. Most importantly, stay proactive, educate yourself, and never stop asking questions!

 

Nicole Roedel
Executive Director
First Choice Background Screening
nroedel@firstchoicebackground.com

 

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Oct 26

Lessons Learned from Mental Health First Aid Training

When you think of first aid training what comes to mind may be CPR, First Aid, or AED training.  Most of us even have a basic first aid kit in our home or car. HR Palm Beach County recently joined with community partners to offer Mental Health First Aid for HR and Business Professionals. Mental Health First Aid training provides basic knowledge and skills to respond to an individual in distress and covered anxiety disorders, depression, substance use disorder, bipolar disorder, Psychosis and Schizophrenia.

It is estimated that 1 in 5 Americans will experience a diagnosable mental disorder in any given year.  Mental Health First Aid training helps a person assist someone experiencing a mental health crisis, such as contemplating suicide.  The goal is to help support an individual until appropriate professional help arrives.

Key things I learned from attending the training:

  1. Many mental health problems can be resolved or helped by seeking support, restoring emotional balance and employing self-care strategies. (I was able to role play a panic attack and learned how to talk the person thru the process.)
  2. Not every person in psychological distress has a mental disorder.
  3. I am not a doctor and cannot diagnose or replace a therapist
  4. Mental Health First Aid Action Plan ALGEE –
    • Assess for Risk of suicide or harm
    • Listen nonjudgmentally
    • Give reassurance and information
    • Encourage appropriate professional help
    • Encourage self-help and other support strategies
  5. Helpful things to say to someone with depressive symptoms –“I am concerned about you”,“Have you spoken to anyone about this before?”

    “It is hard for me to understand exactly what you are going through, but I can see that it’s distressing for you.”

    “Let’s go and have a cup of tea.”

    In my profession, I have dealt with employees at risk for suicide.  I am now prepared to ask direct questions such as, “Are you having thoughts of suicide?,” and assess if the situation is serious by asking follow-up questions:

1  Have you decided how you would kill yourself?

2  Have you decided when you would do it?

3. Have you taken any steps to secure the things you would need to carry out your plan?

Mental Health First Aid is intended for all people and organizations interested in learning more about mental illness and addiction. After attending the training, Katie Kato, President at The Human Resources Factor, LLC, said, “I do believe that this training provides a more relevant skill for Human Resources professionals than even the standard CPR/First Aid.  While we may not specifically recognize or ‘diagnose’ individuals who may be dealing with various mental health challenges, through our interactions with supervisors, we address the behaviors and conduct of staff who have these issues. Our ability to recognize the ‘bigger’ picture will help us with our professional responsibilities, and will make us more valuable to both these managers and the staff that we serve because this insight should prepare us to respond more empathetically and with more appropriate knowledge.”

  1. Ms. Kato echoed how we all feel when she said, “I feel so proud of our HRPBC Chapter, and our fellow HR professionals for making this training a priority and learning how to better deal with these matters.”The National Council for Behavioral Health operates Mental Health First Aid USA in partnership with the Missouri Department of Mental Health and their vision is for this training to become as common as CPR and First Aid training.  

    Author:

     

    Aimee Mangold, SHRM-SCP, Vice President of Human Resources at Kolter Hospitality, LLC, and President-Elect at HRPBC. Aimee brings over 20 years of professional human resource leadership experience having worked with The Procaccianti Group and Interstate Hotels where she held various roles as Area Director of Human Resources, Regional Director of Human Resources and Regional Trainer. Aimee has been a member Human Resources Association of Palm Beach County since 2006 and has held a variety of volunteer positions including Workforce Readiness chairperson, At-Large Director and is currently President Elect.  She currently holds a SHRM-SCP and SPHR designation.

     

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Aug 03

Trying to Reason with Hurricane Season! Is Your Workplace Prepared?

 Trying to Reason with Hurricane Season! Is Your Workplace Prepared?

It’s that time of year again – hurricane season!  As Floridians, we love the summer, sand, seashores, and the sea.  But, sometimes out beautiful home can get intense and we have to take action.  I have always said hurricanes are the best of all the natural disasters because we get advanced notice – usually a week or maybe two.  Tornados, floods, tsunamis, pandemic outbreaks, or terrorist attacks are not as kind, but we can and must do some planning before disaster strikes.  As employers and HR professionals, you are on notice – disasters do happen and your employees, your community, and your governments expect you to prepare.

Here are just a few tips to consider.  For more detail, I will be presenting this topic during my breakout session at HR Florida this month.  Come join me for the discussion.

  1. Risk Assessment – What Are Your Major Threats?

A disaster plan must consider both man-made and natural disasters; however, each employer needs to evaluate threats to which its workplace is particularly vulnerable.  Risk assessment can range from retaining an engineering study to a simple self-assessment.  The specific industry, size, and scope of your business will determine your risk assessment needs.  Additionally, you need to find out what disasters are most common to the areas in which your business operates.

FEMA’s website provides information regarding the identification of potential risks to your business and the specific type of harm that may result from various forms of terrorist attacks, including: explosions, biological threats, chemical threats, nuclear blasts, and radiological dispersion devices. FEMA’s website also contains information regarding how to handle a bomb threat, how to identify a suspicious package or letter, and how to treat suspicious packages and letters once they are identified.

  1. Major Legal Issues – Safety and Pay

Even in the wake of a disaster, you generally must still comply with applicable employment laws and the failure to do so may subject you to liability.

a.   The Occupational Safety and Health Act (OSHA)

 OSHA standards cannot be ignored in the face of disaster, and OSHA continues to require employers to protect their employees against “recognized hazards” to safety or health which may cause serious injury or death. OSHA’s website (www.osha.gov) has established a page where employers can access more than 20 audio and printed guidelines to specific work practices dangers likely associated with clean-up and recovery, including flooding, electrical, fall protection, personal protective equipment, chain saws, mold, blood borne pathogens and bacterial issues, tree trimming, trenching, and heat exposure.

Employers also need to be aware that “employees do have the right to refuse to do a job if they believe in good faith that they are exposed to imminent danger, and good faith means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe that it did exist.” Imminent danger is defined as a “threat of death or serious physical harm,” or “a reasonable expectation that toxic substances or other health hazards are present, and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency.” Employees must first approach their employer when they believe that working conditions are unsafe or unhealthy and the employee must generally satisfy four conditions before walking off the job. The four conditions include: 1) asking the employer to eliminate the danger and the employer then refusing to do so; 2) the employee genuinely believing that an imminent danger existed and the employee did not refuse to work for other reasons; 3) a situation where a reasonable person would agree that there is a real danger of death or serious injury; and 4) there is not enough time due to the urgency of the hazard to get it corrected through regular enforcement channels, such as requesting an OSHA inspection.

b. Wage Payments

The Fair Labor Standards Act (FLSA) and similar state laws require that employees continue to be paid for all hours worked, even in a time of a disaster. If time records are lost as a result of a disaster, the employer can pay the employee based on the number of hours normally worked or have the employees estimate as best as possible the number of hours worked. Additionally, the employer should also obtain written authorization from the employee allowing them to make corrections if more accurate time records become available. The best way to avoid this type of situation is to store all payroll records off-site.

In the event that your employees are not working after a disaster, you do not have to pay them unless you have a policy providing pay under these types of circumstances. For exempt employees, an employer must pay those employees their entire salary if they work any part of the workweek. No compensation is due, however, if the exempt employee does not work at all during the workweek.

  1. Training and Testing Your Disaster Plan 

The best way to ensure that your disaster plan is going to be effective is through repeated training and testing with your employees. There must be regular communication with employees before, during, and after an incident through the use of newsletters, intranets, staff meetings, and other internal communication tools to communicate emergency plans and procedures. Additionally, drills and exercises should be preceded by training seminars or workshops where participants are trained in their emergency responsibilities. After each training session, the disaster plan should be re-evaluated and procedures should be refined based on lessons learned.

ASIS International (ASIS) is an international organization that promotes the educational development of security professionals, and its website (www.asisonline.org) has a Disaster Preparation Guide that includes an outline for training general employees and management in disaster response. General employee training should assure that all employees automatically react to warnings and know any duties they are expected to perform during an emergency. Since management will play a leadership role during an emergency, it is important they receive detailed training, which should include how the business will coordinate with the government and other resources.

 

 

Phillip B. Russell
Ogletree Deakins
@phillipbrussell
https://www.linkedin.com/in/phillipbrussell/
https://www.ogletree.com/people/phillip-b-russell

 

 

 

 

 

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Jul 15

What’s Your Formula for Succession Planning?

What’s Your Formula for Succession Planning?

Succession planning is more of a process than an event.  Invest in the process and the event becomes a time to celebrate the return on your investment.

Succession planning can be forced upon a company unexpectedly.  Then leaders scramble…looking internally and externally for the best candidate available…as soon as possible! Rarely is it a good choice for the long term.  The leadership challenge is to strategically plan for the succession of a key employee and the position s/he fills.  Time is the critical word in order to anticipate this continuing need with intentionality rather than urgency.

A Seven Step Sequence

  1. Time to Revisit – Start by revisiting each of the steps in effective planning.  Review strategybefore considering structureand finally end with decisions about staffing.  This sequence is often done in reverse which is rarely effective.  Strategy answers the questions:  “where are we today…where do we want to go…and how will we get there?”  Structure allows a review of the most effective configuration to align all resources in order to achieve the strategy.
    Staffing is the final piece of the puzzle identifying “who” is needed in light of the updated strategy and structure.

Strategy + Structure + Staffing = Effective Succession Planning

  1. Identify Candidates – TheNine Box Grid allows teams to review internal candidates as part of a succession planning process. Leaders identify a small pool of candidates internally and/or come to the conclusion that they may also need to look outside the company.  An internal and accelerated leadership development process provides a pipeline of candidates among current employees in light of anticipated succession planning needs.

Performance + Potential + Personal Drive = High Potentials

  1. Assess Competencies – 360 Assessment tools provide an opportunity to frame an objective picture of each candidate in terms of strengths, interpersonal skills, capacity for critical thinking, and specific work competencies needed for the position being filled.

Candidates + Assessment = Objectivity in Evaluation

  1. Leadership Development Plans – Planning well in advance for a future succession allows the time to work with a pool of potential internal candidates.  Assessing competency gaps and designingLeadership Development Plans to address each of those gaps provides  internal candidates an opportunity to maximize their leadership and work capacity in light of what will be needed in a potential new role.

Time + Learning Plan = Transformational Development

  1. Personal Coaching – Coaching each internal candidate provides the accountability to monitor, measure, and manage their progress toward developmental benchmarks.  Narrowing the pool will ultimately come down to a consideration of the following selection issues:  character, competence, and chemistry.  Be certain the final candidates own the vision, mission, values, and strategy.  Also, be sure they fully support the current leadership providing a preliminary indication of positive chemistry among the team.  It can be expedient to ignore the chemistry of interpersonal relationships.  Chemistry issues can quickly derail consistent focus on vision, mission, and strategy as well as the organization’s values which ultimately affect the culture and daily workplace climate for every employee. In other words, lack of chemistry is costly.

Plan + Coach + Accountability = Candidate Readiness

  1. Selection and Onboarding – Once the final decision is made…go the extra mile to be certain the new hire has the full endorsement and support of your team as well as the resources needed for success.  Clarity regarding his/her responsibilities as well as the extent of his/her authority related to those responsibilities is crucial to sustainable success. Give the time needed to fully understand the broader context of the culture they are now part of.

Right Candidate + Resources = Succession Success

  1. Lifelong Learning – When the final candidate is selected s/he is just beginning the journey of  learning to function at a higher level of leadership complexity.  Provide ongoing professional growth opportunities and regular times to step away to work ontheir new role…not just in their role.  Periodic seasons of personal coaching will accelerate the effective application of new learning in specific leadership competency growth areas.

Reflection + Application + Growth = Sustained Effectiveness

 Leadership Debrief

Seven steps that require time, intentionality, and planning. Have you discussed the key transitions that you already know are coming? What about the unexpected transitions that will blindside you without talent pools and leadership pipelines?

Formulas for Succession Planning was written by Dr. Dick Daniels, VP of Client Services with Right Management Florida and Caribbean. Dr. Daniels offers 19 years of leadership development consulting and executive coaching.  Right Management is a Diamond Plus sponsor of the HR Florida Conference and Expo where Dr. Daniels will be speaking more on this topic during a concurrent session.

 

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Jun 13

Community Impact

The essence of social responsibility is that an organization or individual has an obligation to act for the benefit of society at large. Reaching out and making an impact on the communities in which we live and work is an area of interest that is very near and dear to the HR Florida State Council.

HR Florida and the local chapters that it serves have a common goal to provide professional development for the over 14, 000 human resources professionals in the state of Florida.  Additionally, they take interest in wider social issues that impact the workforce.

“Volunteering is the ultimate exercise in democracy.  You vote in elections once a year, but when you volunteer, you vote every day about the kind of community you want to live in.” -Author Unknown

Each chapter has amazing stores of volunteerism and service to their local community. In 2017 the 28 local chapters provided over 71 thousand dollars in goods and cash to local charities.  The altruism continues in 2018 with over 120 volunteer hours, 15 thousand dollars of donated goods and nearly $6,000 in cash provided to organizations.

The idea behind community impact is to play a role in removing barriers that may prevent qualified workers from obtaining or maintaining employment due to a wide spectrum of personal and social challenges. It is a comprehensive approach to supporting individuals, families and communities.

One such barrier could be food insecurity. On Thursday night, prior to the April business meeting, members of the state council participated in a fun and unique group activity to address this growing social condition by volunteering in the warehouse of the Second Harvest Food Bank.

Tom Toppings, District Director, stated, “It was a great experience to give back to communities that really need it.  I probably don’t do this enough.  It is a good reminder, of how much people really are struggling.   It’s also a pretty exciting experience as well to be a part of a community that is so involved in giving back. “

Nearly 60 individuals transferred wholesome nutritious vegetables that came to the food bank in bulk pallets into family sized packages that would be distributed the next day.  Music, laughter and teamwork made the project easy.  The takeaways from the experience were significant. Victoria Stalls, District Director, summed up the experience by saying, “It’s so nice to be  stuffing the bags of food that  families will receive, and knowing that they will now be able to provide their families good fresh food.   Food that they may not have been able to have without organizations like Second Harvest,  and volunteers who donate their time to make sure that the food is packaged to reach those in need.”  Amanda Simpson, Director of State Governmental Affairs commented, “Tonight was a great reminder of the amazing teamwork we have within HR Florida while we assisted with a wonderful cause for Central Florida. Fabulous people with the best hearts.”

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