• 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!

Request a Demo & Try Pereless Systems For 30 Days Free!

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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Equal pay for women is finally seeing movement in the workplace, despite the often negative association with, “feminism.”  Why is it that even today, layman and professionals alike, will wrinkle their nose at the word? It might have something to do with stories you heard from your grandmother; women chanting in the streets and burning their bras in protest for equality in the eyes of the law and society. These days, there’s a lot less bra-burning, but more women fighting for equal pay for equal work—and thanks to some recent legislative efforts, women are closer than ever to that goal.

Massachusetts and Maryland are two states that have recently made history by writing gender pay equality into law like never before. It is now illegal for employers to ask their applicant’s about salary history–a move dedicated to closing the gender gap of pay in the workplace.

How does this bring equality that much closer?

Women have historically made less money than men for the positions they hold, so this bias will not be brought into any new positions. This forces companies to decide a salary based solely on merit.

Will this make a difference?

Yes! In today’s world, only 14% of executive jobs are operated by women—a number that has stayed stagnate since 2010, while women are a whopping 33% more likely to get a college degree than men. Refusing to allow salary history to influence a decision will not only bring more money to the table, but also allow for more representation of women in the workplace.

How will feminism help me in the office?

To believe in feminism is to believe in gender equality. To believe in gender equality, one must assign work equally and employees of the same position should start at the same pay. Most importantly, one needs to believe that jobs and promotions should be given to people who deserve them, not based on gender or appearance. This will support efforts to represent women in all positions, especially higher level ones.

Feminism has never been solely for women either; more than 90% of men and women believe that taking an extended family leave will hurt their career. Of this large number, more than half believe it will harm their career a great deal. Tackling gender-bias in the work place will cause less stress to both men and women when it comes to already stressful, or joyful, times for families.

How does my boss feel about gender equality?

The good news is that companies are supportive of gender equality efforts. The bad news is that the message doesn’t always relay to the employees. Of the 118 companies polled, 74% claim that they are dedicated to equality in the workplace. But of these companies, over 50% of employees think this is untrue, and only a third of those polled believe it’s a priority for their direct manager.

Why are these changes happening now?

Fortunately, we are moving into an era that has seen women differently since they were children. Growing up in a less gender divided world—think back to playing basketball as a whole gym class in fifth grade, not as boys and girls teams—and you’ll understand how and why millennials find it extremely important that gender equality is exercised in the workplace.  82% of millennial women view the company’s policy on gender equality, diversity, and inclusion to be one of the most important parts to deciding where they will work—and since women are 20% less likely to leave a company when they reach a leadership role, companies are trying to jump on the bandwagon.

Thankfully, it seems as though women in the coming years will not have to overcome the barriers that women in the workplace have in the past. Every person can contribute to a life where gender inequalities do not exist, so the next time you are hiring try to look at a candidate’s resume and credentials before their name or gender; the hire may surprise you!

Have you ever glanced at a person and assumed they were successful, or decided right off the bat they were likely a bum? You are not alone. According to PsychCentral author Janice Wood, first impressions are more important than fact. The less time a person has to make a judgement, the more likely they will go with their gut long term. That’s why, when it comes to a job interview, first impressions are important to get right the first time. Here are a few tips on how to influence a hiring team with first impressions:

Body Language is often the first thing a person will notice. Often times we are unaware that being nervous or anxious can result in awkward body language that might give off the wrong impression. Becoming aware, in example, by improving your posture and sitting up straight while conversing, will show a level of confidence that will help convince an employer you are the right person for the job. Maintaining eye contact can also help, which will show you are engaged, attentive, and connecting with the interviewer.

Style is another tool that can improve your appearance and confidence while offering a great first impression. Style will help a person demonstrate their personality and assure employers you will show up to work looking neat, tailored, and appropriate. As Nicholas Rule, PhD. researched in his study for PsychCentral, it is nearly impossible to not judge a book by its cover. Because of this, people likely connect a neat and stylish person with one that is intelligent, organized, aware, and successful. Style is something that can be easily, so it’s important to keep this in mind before going into a job interview!

“I like to smile, smiling’s my favorite!” This quote by Will Ferrell’s character in the movie “Elf” pretty much sums up this tip for a first impression. Smiles can make a huge difference in a person’s first impression because it reinforces that a person is friendly, approachable, and cordial. An emotion and smile study by psychologist Paul Ekman at the University of California San Francisco shows that a full smile, even when it’s feigned, can reduce stress and actually make yourself and those around you happier. Being in a positive mood during an interview will leave a lasting first impression. Lastly, don’t be afraid to “smile” and introduce yourself to everyone on your first day of interviewing. This will be a great show of confidence and a friendly gesture to break the ice and show you will fit well with the culture.

4. Intelligence. Employers are looking for candidates who have a certain degree of intelligence when it comes to a particular job position. If the employer reads your resume and thinks you are competent and can add value to the company, you’ve already won half the battle. The next step is to prove all of that during the first-impression, also known as the first job interview. Employers will want to interview those who have a solid work experience, a college degree, or sparkling recommendations. Yet, the candidate needs to still impress the interviewer to get hired. Convince the interviewer you are more than what a piece of paper says. Speak clearly, express your thoughts and be prepared to answer questions about yourself, your past experiences, and the current job position you are applying for. Bringing a notepad and pen to the interview is a great indication you are detail oriented, eager to learn, and are interested to know everything about the job position. Make sure you are knowledgeable about the company too–you don’t want to enter a job interview with absolutely no clue about the organization!

5. Ask Questions: Asking questions on an interview is important when analyzing if you are a good fit for the company. When you ask questions, it indicates you’re paying attention, and also shows you are a serious candidate who is interested in understanding all aspects of the job position and organization before signing on. Listen to the interviewer and ask the right questions to decide if this is a journey you desire.

First impressions can be a positive lasting impression, so make sure your next business venture begins on the right foot!

In our previous post, “How Employer Branding Improves Recruitment,”  we explained why a branding strategy is important for success in business and recruitment. One of the key ways to improve company brand is a powerful marketing strategy that results in the creation of a talent network (also referred to as a talent community or talent pool).

A talent network is a community of individuals who considers a particular organization a preferred employer. That is, they have a positive view of the company overall and believe it would be a great place to work; (and if given the opportunity, would apply for employment).  Individuals who are attracted to a company’s brand may be passive, or might be actively searching for a career change, however individuals within a talent network tend to be more qualified, compatible, and likely to remain with a company long term.  That’s why it’s important for businesses to maintain constant contact and engagement with their followers so when opportunities arise, those who are interested and likely compatible with company culture will be motivated to apply for open positions.

How To Build A Talent Network

Build a Solid Website For Reference

How does a company begin to build a talent network?  First, you need to master your marketing strategy beginning with your company website.  According to a study produced by ManpowerGroup Solutions, 1 in 4 job seekers considered brand and/or company reputation as one of the top three important factors in making a career decision.  9 out of 10 candidates use a company’s website as a primary source for information.  Your website is the virtual real estate of your company.  Make sure your site has all of the information candidates are looking for: benefits, company values, culture, and information about the job itself.    This will shorten the candidate assessment process for recruiters while providing applicants with the information they need to decide if a job is right for them.  For whatever reason, if a candidate decides against pursuing a position, a great experience while visiting your website or during an interview could result in them applying for a suitable position in the future, referring friends and family, and most importantly, becoming a member of your talent community.  It is all about the first impressions and lasting impressions, so make it count!

Have a Presence On Social Media

A powerful website can be a valuable source of information for prospective applicants, however the next step is to market your business and make sure people know you exist.  Luckily, we live in an age of social media.  Because social networking is essentially free and easy to use, companies are using these platforms to post job listings that have the potential to reach thousands, even millions of people within seconds.   According to a SHRM survey, in 2015, 89% of HR professionals used social media to post job advertisements, while 75% used it to contact potential candidates.  77% of those professionals used social media platforms to increase brand and recognition.  Of the most popular social networking platforms used, 96% of professionals used LinkedIn to recruit for candidates, while 66% used Facebook and 53% Twitter.  When it comes to candidates, 1 in 3 used social media platforms to gather information about a company or job position, ultimately leading them to the company’s main website to learn more.  Increasingly, social media is becoming a crucial tool for marketing and building talent networks for companies.  Having a solid presence online will set the tone for what candidates (and clients) can expect and allow them to keep track of your company.

What does a Talent Network Provide The Employer and The Candidate?

For the employer:  Talent networks provide employers a source of qualified and potentially loyal candidates.  It provides a go-to list of individuals with certain skill sets and compatibility that can help a company grow in times of need.   Talent pools usually consist of all different levels of work experience, ranging from entry-level to upper-management, so recruiters have diversity and flexibility.  Because recruiters are often burdened with the stress to fill a position quickly, talent communities can help avoid the predicament of hiring someone only to realize they are not a good fit.  With a solid talent network that is parallel to your industry, employers can proactively recruit and alert the most qualified prospects for their jobs.

For the candidate: For candidates who are supportive of a particular company, remaining connected through a talent network is a great advantage in the long term.  Individuals who have applied for positions in the past or who are not necessarily considering a career change might find themselves influenced by an open opportunity once announced.  According to CareerBuilder, organizations with managed employment brands could source more than 60% of the labor market.  That’s because people already know what to expect!

Overall, talent networks are key for successful recruitment and business growth.  Build a website, mark your territory on social media, promote your business, and remain engaged with your audience and they will never forget about you! 

“I believe in talent communities, in attracting and engaging with people as early as possible.  if you wait until you need them, you don’t have the luxury of time and you don’t have the same depth in the talent pool.  they are probably also already  interviewing-and you have increased your competition unnecessarily.” – Lisa Schiller, VP of Client Delivery of ManpowerGroup Solutions

Building a talent network without an ATS & CRM solution can be difficult.  Learn more about how Pereless Systems can streamline your recruitment process in more ways than ONE!

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