Tag Archives: Legal Compliance

Adverse Impact Analysis: A Practitioner’s Guide (Book Review)

statistical adverse impact analysisStatistical Analysis of Adverse Impact: A Practitioner’s Guide by Stephanie R. Thomas

I know, adverse impact analysis is not my usual fare.

However, I’m working on a new project, and I need to expand my horizons a bit. To be honest, I didn’t know what to expect from this book. I thought I might pick up an idea or two, but I wasn’t prepared to be sucked into the world of statistics and how they can be used to prove (or disprove) a claim of adverse impact.

Being in the government contracting industry, I have the OFCCP and the EEOC to think about, which means the topics in the book were exactly what I need to know to do my job better.

Highlights from Statistical Analysis of Adverse Impact Continue reading

I9 Verification Documents-How to Get Employee Cooperation

I9 verification documents-challenges and solutions

i9 verification documentsI was wondering what suggestions you or others in the HR community have related to ensuring that new hires show up for orientation with the required forms(s) of ID for completion of the I-9. Currently, I include a copy of the back of the I-9 form when I send their employment offer letter and include instructions to the new hire that they will need to bring the appropriate form of ID with them to their orientation.

I am amazed at how many folks show up for orientation without the necessary ID. Then they want to fax a copy of their Social Security card, passport, etc. to me the next day – which in reality ends up being a week or so later, if at all. I don’t think faxed documents are acceptable but sometimes that is all I can get. Am I the only HR person who has this problem? Thank you for any advice! -L-

When I got this email from a reader, I was secretly relieved. Not because she was having problems with her I9’s, but because I realized I wasn’t the only one who had those same issues. It’s such a critical piece of the hiring process that our companies expect us to get right, but we are dependent on employees (many times at remote sites) to get us the I9 verification documents we need.

And as a side note, no, faxed copies are not supposed to be accepted, because you haven’t seen them in person to verify their authenticity. You need those originals or someone from your company to see those originals who can verify the documents in person.

So how can we combat this issue? Continue reading

Ethical Dilemma? Ask This Question

Recently I attended a training, and the speaker offered a great piece of advice that I have taken to heart.

Before you make the ethical decision that you’re considering, can you see yourself defending it from the witness stand in a courtroom?

Ouch, but true. When we sometimes are sliding into those gray areas around employee relations and other “soft” parts of HR, it would be smart to keep that in mind.

Ever had to defend a decision in court? How did it go?

Federal Service Contract Act for Government Contractors

As an HR pro working for a government contractor, I had my first run-in with the Federal Service Contract Act (SCA) last year. Let’s just say it was a memorable experience. But seriously, if you’re working in the private sector and don’t have interaction with the government, you might be wondering (as I was way back when): What is SCA? How does it affect our company? How do we comply with it?

Well, I’m not an expert by any stretch of the imagination, but I can get you started in the right direction.

Federal Service Contract Act wage determinations

A wage determination is a specific minimum wage set for employees of a certain category. For instance, a Senior Technician in Limestone county on an SCA contract would have to be paid a specific rate. On top of that minimum wage requirement comes a special stipend to cover benefits. For more information on wage determinations or to look one up, check out the WDOL website.

Federal Service Contract Act health and welfare stipend

In order to ensure that the workers are paid not only a minimum wage, but also a suitable amount for benefits, the employer is required to pay a set amount for “health and welfare” benefits. These benefits include, but are not limited to: health, dental, and vision insurance, life insurance, 401(k) savings match, education reimbursement, military leave, etc. The stipend amount varies by contract, but the important piece is to make sure you are providing at least the minimum amount per hour worked. If not, then you must pay the remaining stipend out in cash. Check out the resources below for more information on how this works.

Other Federal Service Contract Act requirements

There are so many twists and turns in the SCA regulations. Even numbered wage determinations are handled differently than odd numbered wage determinations. You can skip the stipend if you provide enough benefits, but you have to “true up” the numbers at year’s end to be sure you provided enough. Some employers separate their SCA employees into a separate “benefits pool,” allowing them to not pay them benefits and only pay the stipend, which is easier on the employer (though not necessarily on the SCA employees). It’s just one more administrative burden that HR pros working for federal contractors have to handle!

More SCA resources

Again, this is just a quick overview to get you started, but  I hope it was helpful. Any questions about the Federal Service Contract Act? Feel free to leave a comment below and I can try to help you find an answer!