HR

The Role of Human Resources

Introduction

  • As a new business owner, you may start as a one-person team.

  • Growth in business may necessitate hiring additional employees.

  • Effective recruiting, hiring, and retention of employees are crucial for smooth business operations.

  • The hiring process can be challenging, and many small businesses struggle with it.

  • This guide focuses primarily on the hiring process within human resources.

Before You Hire

Job Analysis

  • Purpose: To determine the skills and tasks required for new hires.

  • Key questions to consider:

    • What essential skills must a candidate possess from day one?

    • What skills can be learned on the job?

  • Outputs of job analysis:

    • Job Specification:

    • A document listing the necessary skills, knowledge, and experience a candidate must have.

    • Job Description:

    • A document outlining the responsibilities and duties of the role.

Example for Job Roles

  • For hiring an embalmer:

    • Job Specification: Must have a mortician's license in Maryland, and be available to work weekends.

    • Job Description: Responsibilities might include embalming, maintaining the prep room, ordering supplies, and completing embalming reports.

Application Process

  • Ensure to collect job applications to obtain basic information about candidates.

  • Applications serve to shortlist candidates for interviews and can be held for future consideration.

Interviewing Candidates

  • Different interview structures exist, including behavioral interviews that assess candidates' responses to potential job scenarios.

  • Consistency in questioning is vital:

    • Ask each applicant the same set of questions.

    • Take notes on responses to facilitate comparison.

  • Awareness of legal interviewing practices is critical:

    • Avoid questions that could suggest discrimination based on race, religion, sex, marital status, age, or any protected class.

  • Exceptions:

    • Bona-fide Occupational Qualification (BFOQ): Legal discrimination is allowed if the job cannot be performed by certain classes of people (e.g., hiring a pastor who aligns with a specific religious perspective).

After You Hire

Onboarding New Employees

  • Acknowledgment of the new hire's diverse experiences: both exciting and intimidating.

  • Importance of proper onboarding to ease the transition:

    • Large companies may provide extensive training and orientation.

    • Small businesses should spend at least an hour explaining company policies and expectations.

  • Follow-up:

    • Check in after a few weeks to gauge how well the new hire is adjusting and address any questions.

Employee Handbooks

  • Although not common practice in all funeral homes, creating an employee handbook can clarify policies.

  • Contents of an employee handbook should include:

    • Benefits and compensation, work hours, salary, vacation, and overtime regulations.

    • Company philosophy and potentially a brief history of the business.

Legal Protections for Employees

Overview of Labor Laws

  • All states have their labor laws which must be understood by employers to avoid legal issues.

  • Relevant federal laws for all businesses include:

    • Civil Rights Act: Protects against discrimination.

    • Equal Employment Opportunity Act: Builds on the Civil Rights Act.

    • Age Discrimination in Employment Act: Protects against age discrimination.

    • Equal Pay Act: Mandates equal pay for equal work.

    • Vietnam Era Veterans Readjustment Act: Protects rights of veterans.

    • Immigration Reform Act: Regulates employment of immigrants.

    • Americans with Disabilities Act (ADA): Prevents discrimination based on disability.

    • Fair Labor Standards Act (FLSA): Establishes minimum wage and overtime laws.

    • Occupational Safety and Health Act (OSHA): Ensures workplace safety.

    • Family and Medical Leave Act (FMLA): Provides employees with unpaid, job-protected leave for family and medical reasons (applicable to businesses with at least 50 employees).

Importance of Understanding Laws

  • Employers must determine which laws apply to their business.

  • Laws frequently change, requiring ongoing updates and understanding of employment regulations.

Case Study: Aimee Stephens

  • A funeral director who was fired after coming out as transgender.

  • Her case went to the Supreme Court, which ruled in June 2020 that the Civil Rights Act protects employees from discrimination based on sex, including transgender identity.

  • Notably, Aimee Stephens passed away in April 2020, prior to the ruling's outcome.

Review Questions

  • Example: Which questions are legally permissible during interviews?

    • Cannot ask:

    • Are you married?

    • Can ask:

    • Are you a citizen?

    • Have you ever been convicted of a crime?

    • When did you graduate?

  • Identify laws: Which federal law establishes minimum wage and overtime pay?

    • Correct answer: Fair Labor Standards Act.

  • Scenario-based question regarding job specifications and roles.