HIRING YOUR FIRST EMPLOYEE · Take your time and DO NOT settle for a mediocre candidate. Post the...
Transcript of HIRING YOUR FIRST EMPLOYEE · Take your time and DO NOT settle for a mediocre candidate. Post the...
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SIMPLE STEPS TOHIRING YOUR FIRST EMPLOYEE
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© The SCORE Foundation
WHAT YOU’LL LEARN TODAY
Things to ConsiderBefore You Hire The Hiring Process
Ongoing HR Responsibilities
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© The SCORE Foundation
THINGS TO CONSIDERBEFORE YOU HIRE
Make sure you’re ready Know your legal obligations Define the role and pay range
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
MAKE SURE YOU’RE READY
Can I afford to hire right now?
Is there enough steady work to support an employee?
Do I have the cashflow to support an employee?
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
MAKE SURE YOU’RE READY
Am I turning down work because I don’t have the time?
Am I missing deadlines because I’m so busy?
Are additional skills needed to run or grow my business?
Are you equipped with communication and management skills?
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
If the answer to thesequestions is YES…
It’s time to hire!
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
KNOW YOUR LEGAL OBLIGATIONS
Federal Employment Laws
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Discrimination SafetyTime & Pay
THREE CATEGORIES OF EMPLOYMENT LAWS
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
TIME AND PAY – Minimum Wage
State and cities/counties can also have their own minimum wages.
Check out ComplyRight’s Minimum Wage Monitor at
http://www.complyright.com/resources/minimum-wage-legislation-
monitor.
Fair Labor Standards Act (FLSA) regulates minimum wage, overtime, recordkeeping and employing minors
Sets federal minimum wage at $7.25/hour
You must pay the higher amount and display both state and federal
minimum wage postings
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
TIME AND PAY – Overtime Pay
NON-EXEMPT (“hourly”)
employees who work more than
40 hours in a workweek must
receive overtime pay
Overtime pay must be at least
1.5 TIMES REGULAR PAY
for the additional hours
Overtime Pay Rules (FLSA)
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
TIME AND PAY – Overtime Pay
Employee time (“hourly”) must
be accurately tracked and pay
records maintained
Options include paper time
sheets, software or a
Web-based solution
Recordkeeping Rules (FLSA)
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
TIME AND PAY – Overtime Pay
FLSA includes detailed laws
regarding employing minors
State-specific child labor laws
Child Labor Rules
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
DISCRIMINATION LAWS
Title VII of the Civil Rights Act of 1964 15+ employees
Prohibits discrimination based on race, color, religion, gender or national origin
Age Discrimination in Employment Act (ADEA)
Prohibits discrimination against people age 40 or older
Prohibit employment discrimination in job ads, hiring, compensation, etc.
20+ employees
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Americans with Disabilities Act (ADA) 15+ employees
Prohibits discrimination against people with disabilities
DISCRIMINATION LAWS
Pregnancy Discrimination Act (PDA) 15+ employees
Prohibits discrimination based on pregnancy, childbirth or related conditions
Equal Pay Act All employers regardless of size
Prohibits discrimination based on gender
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
OSHA SAFETY REGULATIONS
Maintain safe walking and working surfaces
Have plans for fire prevention and other emergencies,
including exit routes
Have medical/first-aid supplies on hand
Alert employees of hazardous chemicals in the workplace
Record work-related accidents and illnesses
Other requirements vary by industry (training, safety
equipment, etc.)
Employer Obligations
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
STATE EMPLOYMENT LAWS. Check out ComplyRight’s resource at: www.complyright.com/state-links
Discrimination laws
Unemployment taxes
Workers compensation insurance
Disability insurance
Local regulations
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Define the Role & Pay Range
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Specific responsibilities
Any required skills or work experience
Work hours
THE JOB DESCRIPTION
Day-to-day tasks
Desirable traits
Part-time or full-time
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Research pay range at salary.com and indeed.com
Consult with other business owners
Check with industry trade associations
Review cost of living in your area
Establishing the Pay Range
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
HOURLY OR SALARY?
Most exempt employees are
EXECUTIVES
PROFESSIONAL
ADMINISTRATIVE
OUTSIDE/COMMISSIONED SALES PEOPLE
Misclassifying workers is common when in doubt, go hourly
If you think an employee is misclassifies as salaried:
Consult an employment law attorney to determine whether you can change the classification OR
Alter the responsibilities to make the classification accurate
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THINGS TO CONSIDER BEFORE YOU HIRE
© The SCORE Foundation
Weigh the costs of offering
benefits and make sure they
comply with federal regulations.
BENEFITS help attract and
retain quality employees.
Paid time-off
Flexible hours or ability to work
from home
Life insurance
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© The SCORE Foundation
THINGS TO CONSIDERBEFORE YOU HIRE
Make sure you’re ready Know your legal obligations Define the role and pay range
SECTION WRAP-UP
QUESTIONS?
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© The SCORE Foundation
THE HIRING PROCESS
Recruiting Candidates Screening Candidates Making the Job Offer
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THE HIRING PROCESS
© The SCORE Foundation
RECRUITING CANDIDATES
Take your time and DO NOT settle for a mediocre candidate.
Post the ad on job-search websites (ex. Monster, Indeed, Career Builder)
Tell your friends and family about the ad, but resist the temptation to hire unqualified family or friends
Post on social media (ex. Facebook, LinkedIn)
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THE HIRING PROCESS
© The SCORE Foundation
SCREENING CANDIATES
Review resumes and cover letters against your
job description.
Conduct a remote interview.
Have qualified candidates complete a job
application:
What you may and may not legally ask varies by state
Increasing number of states are banning questions about
criminal history (‘ban the box’) and salary history
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THE HIRING PROCESS
© The SCORE Foundation
CONDUCTING THE INTERVIEW
Reviewing resumes and plan questions in advance
Ask all candidates the same general questions, for insistency
Ask open-ended instead of “yes or no” questions
LISTEN – the candidate should do most of the talking
Know what questions are illegal for you to ask
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THE HIRING PROCESS
© The SCORE Foundation
OFF-LIMIT QUESTIONS
How old are you?
What year were you born?
Are you a U.S. citizen?
Are you married?
Do you have children?
Are you pregnant or planning to get pregnant?
Do you have disabilities?
Are you in good health?
What ethnicity are you?
What country are you from?
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THE HIRING PROCESS
© The SCORE Foundation
EMPLOYMENT TESTING
Assess candidates OBJECTIVELY
based on skills and aptitudes.
All candidates for the same position
should be given the SAME TESTS
to avoid discrimination claims.
Ensure you hire the RIGHT employee
for your business.
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THE HIRING PROCESS
© The SCORE Foundation
REFERENCES
for three references, preferably
from former employers
ASK
CALL
REQUEST
ASKabout job duties, history
and performance
permission to contact references
on your job application
each reference to confirm
application/resume details
1
3
2
4
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THE HIRING PROCESS
© The SCORE Foundation
Should you conduct a BACKGROUND CHECK?
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THE HIRING PROCESS
© The SCORE Foundation
MAKING THE OFFER
Salary or hourly wageLIST
CREATE
Start date Benefits
Offer Letter
A job description, including job title, duties and responsibilities
Required hours or schedule
Starting date
Salary/wages and benefits
Include additional requirements if needed (i.e. drug and alcohol test)
Next steps for accepting the job offer
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© The SCORE Foundation
THE HIRING PROCESS
Recruiting Candidates Screening Candidates Making the Job Offer
QUESTIONS?
SECTION WRAP-UP
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© The SCORE Foundation
ONGOINGHR RESPONSIBILITIES
Completing the
required paperworkSetting up payroll
Reporting and registering
your employee
Ongoing HR
responsibilities
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
The Onboarding Process…
Start Off Right!
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
Form asks employers to examine
employee’s documents to confirm
eligibility to work in the United States.
Employee must complete I-9 within
three days of hiring.
FORM I-9
You can be fined for omissions or
incorrect information – a completion
template can help.
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
Employees must complete IRS Form W-4
(Withholding Allowance Certificate)
Defines the number of allowances employee
want to claim, which affects how much you will
withhold from their paychecks
IRS FORM W-4
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
PAYROLL AND TAX WITHHOLDING
You must withhold part of each employee’s wages for
taxes and pay the taxes to the appropriate authority.(a payroll service can help)
FEDERALINCOME TAX
SOCIAL SECURITYAND MEDICARE TAX
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
Register your business to pay re-employment
(unemployment) taxeshttps://business.usa.gov/state-taxes-and-regulations
Report new hires to the state within 20 days of hiringOffice of Child Support Enforcement
https://www.acf.hhs.gov/css/resource/state-new-hire-reporting-websites
STATE OBLIGATIONS
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
IRS 941
FILE REQUIRED IRS FORMS
Quarterly
IRS 940
Annually
W-2
Annually
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
Labor Law Posting Regulations
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
FEDERAL POSTINGS
Equal Employment Opportunity (EEOC)
Minimum Wage (FLSA)
Family and Medical Leave (FMLA)
Military Rights (USERRA)
Workplace Safety (OSHA)
Employee Polygraph Protection (EPPA)
Mandatory Federal Postings for all
U.S. Employers
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
STATE POSTINGS
Minimum Wage
Unemployment Insurance
Workers’ Compensation
Fair Employment (English/Spanish)
Child Labor
Common State Postings
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
POSTING REQUIREMENTS
Display mandatory labor law postings
where employees can easily view them
Update postings when mandatory
changes occur
Consider a reputable poster service to
keep you in full compliance
Posting Requirements
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ONGOING HR RESPONSIBILITIES
© The SCORE Foundation
MAINTAINING EMPLOYEE RECORDS
Organize 3 FILES for each employee.
Personnel File
Payroll File
Medical File
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© The SCORE Foundation
Completing the
required paperworkSetting up payroll
Reporting and registering
your employee
Ongoing HR
responsibilities
ONGOINGHR RESPONSIBILITIES
QUESTIONS?
SECTION WRAP-UP
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© The SCORE Foundation
Q&A
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© The SCORE Foundation
FINAL OVERVIEW
Recruiting Strategies Screening Candidates Making the job offer
Things to Consider Before You Hire
The Hiring Process
Ongoing HR Responsibilities
Initial paperwork and
payroll setup
Maintain compliance with
federal, state and/or local
labor law postings
Maintaining employee
records
Know when it is the
right time to hire
Understand Employment Law: Time & Pay, Discrimination,
OSHA Safety Regulations
Define the role
and pay range
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© The SCORE Foundation
E-Guides Tools & TipsOn-demand
Webinars
THREE CATEGORIES OF EMPLOYMENT LAWSFREE RESOURCES
Available at www.complyright.com