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Is it true that video interviewing will open the door for discrimination? Companies looking to incorporate it into their hiring process will often pose this question.  The topic of virtual interviews and discrimination is nothing new, yet in recent times it has reemerged as businesses look for better recruitment strategies.   For those compliant to EEO-1 and OFCCP laws, it’s important to understand how video fits into the hiring equation without risking legal trouble.

In the 1960’s and 70’s, two federal agencies [Equal Employment Opportunity Commission] (EEOC) and [Office of Federal Contract Compliance Programs] (OFCCP) were founded to enforce employment discrimination laws and ensure workers were never denied opportunity to work based on things like race, religion, disability and gender.  In 2015, a study found that 11.7% of businesses based in certain states faced higher risk of lawsuit due to workplace discrimination.  New Mexico had the highest rate with a 66% chance compared to the national average and Washington D.C. was close behind with 65%.  The reason for these particular states having an increased risk is due to local state laws that build upon federal discrimination law.

“Many of the higher-risk states observed in the study have laws that go beyond U.S. federal guidelines, creating additional obligations and risks for employers. It is important for companies, especially those operating in these high-risk markets, to be keenly attuned to any legal developments that may affect their exposures.” – Bertrand Spunberg, practice leader for Executive Risks Hiscox, USA.

Understanding the importance of keeping up with state and federal law, businesses regulated by EEO and OFCCP standards must be vigilant when it comes to introducing new interview strategies like video.  In 2010, the EEOC was asked directly to respond to the inquiry. In response, an informal discussion letter was released to the public by Carol R. Miaskoff, an Assistant Legal Counsel representing EEOC:

“The EEO laws do not expressly prohibit the use of specific technologies or methods for selecting employees, and therefore do not prohibit the use of video resumes.  The key question under the EEO laws is how the selection tools are used.”

As with in-person meetings, employers were reminded of the usual EEO standards while using video such as restrictions on asking applicants about disabilities prior to employment offers and to be sure candidates are not rejected based on visible religious garb.  Some experts believe using video platforms actually reduces the risk for discrimination.  Video provides transparency and is a source of proof when it comes to compliance.   Content remains consistent and ensures that certain candidates are not asked different questions from others.  It can also remove any chance of having off-topic discussions with applicants that could possibly lead to claims of discrimination down the road.  For OFCCP compliant employers, video provides a great system of record keeping and is effective in managing the required 2 year limit of storing applicant interview data.

When it all boils down to it, if employees are properly trained and knowledgeable of state and federal law, you can prevent legal issues.  Employees should understand exactly what is and isn’t appropriate to ask while interviewing job candidates, whether in person or virtually, and is the responsibility of the employer to make sure everyone is on the same page.  As Bertrand Spunberg suggests:

“Prevention is the best defense against lawsuits…simple preventative and mitigation measures…are essential to minimizing risk and protecting your business.”

In conclusion, hiring teams using video interviewing can follow the same process just as they would if meeting applicants in person.  The only difference is that video adds innovation and even reduces the risk for discrimination.  With the Equal Employment Opportunity Commission confirming it is a safe practice, businesses looking to use video as a new way to interview have the green light!

With 2017 right around the corner and job opportunities at an all time high, hiring managers are looking for better ways to improve recruitment and fill jobs fast.  Virtual interviews, also known as video recruitment, is a new trend companies are beginning to use to streamline the interview process, cut costs and speed up time-to-fill rates.  Although not a new method, more businesses are seeing promising potential to incorporating it into the hiring process for the benefit of both applicants and employers.

Video Is King Of Internet Traffic – A study conducted by Cisco in 2014 estimates that 70% of internet traffic comes from video streaming.  That number is estimated to skyrocket to 90% by the year 2020.   Another source reports that 500 million people watch Facebook videos per day, while a whopping 10 billion videos are watched on Snapchat each day.  Recruiters can take advantage by creating and posting videos to free platforms like Facebook, Snapchat, Twitter and LinkedIn to reach that major source of traffic and get your videos noticed.  Video content can range from job opportunity promotion to fun and creative videos showcasing company culture and industry.  Regardless of the type of videos you choose to make, chances are high they will be viewed and shared among a world-wide audience, attracting job seekers who are best suited to work for the company.

Source: QZ.com

Prerecorded & Live Video Interviews – There are two methods companies use to conduct interviews using video: Live and prerecorded.  Live interviews enable hiring teams to talk with job candidates in real time as if it were an in-person interview.   These sessions can be recorded and sent to team members to review at a later time and can be a convenient way to include busy coworkers who are a crucial element in the hiring process.  Prerecorded interviews allow applicants to answer questions posed by the employer on video and provides recruiters the flexibility to evaluate submissions on their own time.  Talent Acquisition analyst Kyle Lagunas of market research firm Brandon Hall Group commented on the benefits of incorporating video citing, “The amount of time recruiters spend scheduling and executing screening calls is exorbitant …when you automate that — especially with on-demand, so videos can be recorded and viewed at their leisure — it frees them up from spending time on the phone trying to chase candidates … [and] hiring managers [down] and get everybody’s calendar synced up just for that first call.”   

Save Money & Time – General Electric (GE) provides a great example of how virtual interviews can cut company costs and save time.  GE implemented video interviewing to their hiring process for hard to fill positions.  GE is stationed all around the U.S. and were spending a fortune on travel costs for candidates who lived far distances but were highly sought after.  Video gave them the ability to meet job candidates no matter where they were physically and hire top talent easier while saving money.  Virtual interviewing was initially implemented only for the healthcare headquarters,  but with the high demand for technology and promising results, they decided to make it a company-wide standard for interviewing new candidates. GE’s Global recruitment technology leader Shahbaz Alibaig said, “Getting the candidates and the hiring managers in one location can take weeks and months to schedule. So it [wasn’t] just the cost but [also] the cycle time of interviews which [was] a challenge.” 

Virtual Interviews can be great for businesses looking for cost-effective hiring strategies that also assist in sourcing top candidates for hard to fill positions.  Video adds innovation and forward-thinking aspects to the hiring process that will impress candidates and leave them with a lasting impression.  With video serving as the king of internet traffic and tons of free (and paid) platforms available, any company regardless of size and budget can take advantage of video and get noticed. With major companies like GE paving the way,  it is only a matter of time before competitors realize the benefits and jump on trend.  Stay one step ahead and become the first in your industry to implement video–because virtual interviews are the future of recruitment!

• New Department of Labor’s overtime rule, set to go into effect on December 1st, 2016, has been delayed by a Texas Federal Judge’s ruling on November 22nd, 2016

In October we reported the legal obstacles facing the (DOL) Department of Labor’s new overtime rule, which was set to go into effect December 1st, 2016, and has now been delayed by a Texas Federal Judge.

21 U.S. states and dozens of business groups including the U.S. Chamber of Commerce launched a lawsuit to stop the new rule, which included an increase to the payment threshold of overtime for certain employers from $23,660 to $47,476 per year.  An automatic increase to the threshold would also occur every 3 years, beginning in 2020. Advocates pushing to stop the new change cited it would cost private employers millions of dollars and increase government costs by millions.

On November 22nd, 2016, Amos L. Mazzant III, a Federal Judge in the Eastern District of Texas, sided with the plaintiffs and issued a nationwide preliminary injunction, citing the DOL overstepped its authority by raising the threshold so high, and criticized the 3 year increase.  He also ruled the DOL, “exceeds its delegated authority and ignores Congress’s intent by raising the minimum salary level.”

“The DOL’s role is to carry out Congress’s intent. If Congress intended the salary requirement to supplant the duties test, then Congress, and not the DOL, should make that change.” 

The Federal Judge’s ruling delays the December 1st effective date indefinitely, and employers are not required to implement the changes as of yet.   It is unclear if the rule will be thrown out completely, or if certain parts will be salvaged and postponed to a later date.

On November 14th, 2016, the USCIS (United States Citizenship and Immigration Services) released a revised Form I-9 document to be used by all employers in 2017.  The new form can be used immediately, but businesses are not required to utilize it until January 21st, 2017.  The Form I-9 confirms the identity and work eligibility for all individuals who are hired by employers in the United States.  Federal law requires that all employers recruiting, referring for a fee or hiring new employees complete the form.

Some of the changes for the new version include:

• Section 1 now asks for “other last names user” rather than “other names used”
• Addition of prompts ensuring the correct information is entered
• Ability to enter multiple translators and preparers
• Supplemental page for the preparer/translator
• Dedicated area to include additional information rather than adding it within the margins

Form I-9 versions dated 03/08/2013 are valid for use until the new date in January 2017.

To download the new form, click here.

Staying compliant is tough without an Applicant Tracking System that can automate, organize and manage the process. 

Request a demo and receive free Onboarding for the life of your contract when you sign with Pereless Systems!

Applicant Tracking Systems (ATS) are best known as a Human Resource tool for automating job applications and providing a database of candidate information.  Yet, with technological innovation and change, the ATS industry has started to transform their products into dynamic recruitment and hiring platforms that do more than just record keep.  A key element that is becoming more frequently added to ATS functionality is (Onboarding) capability.  Onboarding helps employers welcome new hires, transition them to new employees quickly and train them more efficiently.  Coupled with an Applicant Tracking System, Onboarding can simplify the hiring process for companies and provide a smooth, convenient and positive experience for incoming employees.

Onboarding + Applicant Tracking = Easy Hiring & New Employee Success!

1. Centralized, Cloud-Based Portal For New Hire Documents –  All documents that are required for review and/or signature by new hires can be uploaded as an electronic document into the Onboarding portal. This provides HR a centralized database where they can upload, organize and assign documents to new hires easily.  Employers can track completion progress and manage documents at any time, using any device.

2. New Hires Can Complete Tasks & Sign Documents Electronically – New hires login to a secure Onboarding portal to read and sign important documents electronically using a desktop or mobile device. This gives new employees more time to focus on training and preparing for their new role at the company.

3. Welcome Forum & Resource Center – New employees are anxious to learn more about their new place of employment, and according to a recent study, have a better chance at long-term success if properly trained.  Employers can use Onboarding as a welcome mat plus an informative portal that provides new hires with the tools they need to begin learning.   Training videos, employee handbooks, company benefits, reading materials and social media links can all be included which are accessible prior to the employee’s first day.  New hires will gain a further appreciation of workplace culture and values with a positive learning process that helps them achieve company goals in the future.

4. Communicate With The Company Team – A vital feature of Onboarding technology is team communication.   Employers can create and assign tasks to specific team members in preparation of a new employee’s arrival.  Send reminders and keep track of completion progress to make sure all team members are on the same page, and your new hire has everything they need on day one!

According to a recent study, new employees who experience a poor Onboarding experience are 8 times more likely to become disengaged at work. These same employees are 11 times less likely to refer individuals to their workplace.  Request a demo below to receive a quality Onboarding portal free when you sign with Pereless Systems 

The Department of Labor’s new overtime rule for employers is facing legal obstacle after 21 states filed a motion to temporarily halt the change; set to go into effect December 1st, 2016.  Opponents argue the new rule violates the 10th Amendment of the Constitution, resulting in an invasion of state sovereignty.  Supporters for the rule expect everything to go as planned, despite the legal challenges that are assumed for the sole purpose of postponement.

The new overtime rule increases the overtime payment threshold for exempt workers from $23,660 to $47,476 per year.  That translates to a $913 per week from $455.   Simply put, certain employers will now be legally required to pay employees time and a half if employees work over 40 hours in a week and make less than $47,476 a year.  With the DOL’s new change, the FLSA overtime exemption for employees working in administration, executive, and professional niches was  removed.  The rule is expected to affect 4.2 million American workers.

Some employers are skeptical of the new rule, claiming it will result in decreased hourly wages and work schedules to account for the new change.  Others predict employers will give pay raises equaling to or above the new limit in effort to avoid paying overtime.

With recent legal challenges in place, it is unclear if the effective date will be postponed to a later date.

Don’t Let New Legislation Intimidate You.

Stay Compliant While Using The Best Applicant Tracking System On The Market!

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For a second time this year, OSHA (Occupational Safety & Health Administration) has postponed the effective date for anti-retaliation provisions in handling employee complaints under the Affordable Care Act (ACA).  A recent legal challenge in the U.S. District Court for Northern District of Texas has resulted in the delay.  The new date is set for December 1st, 2016.

Within the ACA, employers are forbidden to retaliate against workers who report alleged violations of the act’s health coverage reforms.  Under the new OSHA provisions, certain employers will be required to do the following:

•    Educate employees of their right to report work-related injury and illness without fear of retaliation
•    Include a guide employees can reference for reporting work-related injuries and illnesses without discouraging them from reporting
•    Retaliation against employees for reporting alleged fault is prohibited

Incentive programs pertaining to safety-related activities are allowed, however employers must be careful not to create programs deterring workers from reporting injuries or illnesses (i.e. rewarding employees for low reporting rates).  Regarding automatic post-injury drug testing, unless employers have a reasonable suspicion and are following state or federal law, this can now be viewed as a retaliatory action.

Stay Compliant With The Best Applicant Tracking System On The Market!

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The Equal Employment Opportunity Commission (EEOC) announced a new Federal Law, requiring most private employers with 100 employees or more to submit summary pay data and total hours worked for the year as part of the annual EEO-1 report.  The new law is designed to help avoid pay disparities based on gender, race, or ethnicity.

What To Expect:

• The new annual deadline for EEO-1 reports will now be March 31st, 2018.   (Originally September 20th).  EEO-1 reporting will not be due in the 2017 year.
• The new “Workforce Snapshot Period” will be October 1st – December 31st.  (Originally July 1st – September 30th)
• Federal contractors and subcontractors with 50-99 employees will not be required to submit wage summaries on their EEO-1 reports
• Per usual, employers with 99 employees or less, and Federal contractors/Subcontractors with 49 employees or less, are not required to complete an EEO-1 report.
• View the newly updated EEO-1 Form here

Source, manage, hire, & remain compliant.

Pereless Systems Applicant Tracking does it all to make recruiting easier.

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