The Key to Hiring the Right Person with R.O.I. and Results

The key to a successful finding and hiring the right person for the job vacancy is by having the appropriate person or team of individuals who are responsible, strategically thinking, experienced in people-sourcing, demonstrate an implementable-vision of results and R.O.I. driven recruitment strategies, a business partner who drives the multiple processes involving the planning, recruitment, sourcing, candidate experience and management, hiring negotiations, on-boarding and start date. These type of individuals will carry out effective hiring and its consequential long term retention.

The traditional technique in finding the candidates for a job vacancy through the media of various recruitment activities such as posting job description at job boards, Craigslist, applicant tracking system, hiring an external agency, hiring a recruiter that will fill in the position, advertising in a professional magazine, and attending trade shows have not given high R.O.I. All of these did not generate guaranteed and effective results. Employers spent money, gained hires that filled their vacancies but ROIs were limited and turn over were very high.

"Talent Management indicated that many companies lack confidence in their recruiting programs. 52 percent of HR professionals say that their recruiting programs are only 'somewhat successful'.

Today, many are flocking to the band-wagon of  'social media' sourcing. What does that mean? Would it mean to have a Facebook, LinkedIn or Twitter account, etc? Social media is a venue of communication among individuals who share either personal, fun, insights, experience or travels to interesting places, hobbies, professional perspectives to their social acquaintances and friends. It is not a medium where you can just pick immediate hires.

Hiring through social media will not happen until there is an intimate connection with someone who demonstrate interest to a vacancy, and there is a clear understanding about the individual for the job vacancy.  A sales process will need to take place by demonstrating many of the recruitment ways and means. In that way, the person of interest and the head hunter will establish a connection, a mutual understanding about what is being offered and its benefits for growth and advancement.

©2012 JNTConsulting

A global fact across industries, is the existence of blurry understanding among many people in the HR/Staffing department who cannot differentiate sourcing from recruiting, and the effectiveness of finding the right people who will stay with the organization for a long term.  You can spot on those inexperienced ones because they interchangeably use the terms  as they refer to the recruitment processes and sourcing activities. 

The following might help you understand who is doing the right function and responsibilities;

1. Recruiting Clerk or Admin Assistant - someone who sorts resumes, read through, check the box and identify technical skills identified by the hiring manager, search resumes at the Applicant Tracking System, coordinate resumes with hiring manager and calendar interviews 

2. Recruiter - someone who executes the sales process including closure, convincing a prospective candidate to become a part of a particular team, lead a team, be an executive or an individual contributor. This same individual is responsible in making sure that the expectations of the hiring manager are in alignment with the human resources support to the hiring of the individual, not withstanding with the factual engagement to the overall business goals of the company. The recruiter is the liaison and driver to the many areas such as (recruiting activities, referral programs, tactically-based job boards and applicant systems, strategic closing of candidate, on-boarding techniques)  that will make the experience of the candidate become effective and successful. 

3. Human Resources Management - it is the team of people who will collaborate in putting together various R.O.I and Results-driven programs, supporting documentation, experiential learning avenues, organizational platforms, rewards and compensation, compliance to rules and regulations, road map of employee engagement to success and long term retention. 

4. Hiring Manager - this is the individual who will be responsible in managing the experience of the candidates, new hires and employee(s) in the team. Must be the articulate facilitator of success and influencer of cultural growth, advancement, problem solver of conflicts and career path of the individuals in the team. 

5. Business Partner - someone who will execute the responsibilities that your organization or team will share in an effort to accomplish a successful goal, such as hiring the right individual. The business partner is either an external consultant who demonstrate exceptional skills in augmenting the gaps within your organization or an internal person who will liaise requirements between parties. Your Partner will help you to become efficient with your responsibilities. They will facilitate the achievement of higher results, better R.O.I. because they will help you underscores the challenges along the road.

In many settings in today's business environs all of the above items were combined into one or two role(s) under the disguise as a Recruiter or Staffing Professional. For economic reasons, many professionals are forced to accept these roles because opportunities are scarce and people need to earn a living. Organizations take advantage of the economic instability, and gladly use these combined roles as a bait to hire experienced professionals who cannot say no because of economic reasons. However, it is a short sightedness among candidates when they don't negotiate with prospective employers and do not look for better environment.

The organizations that value the skills of people, they hire them based on their competencies, trade expertise, and experience. Many organization would like to become one among the so called high performance organization, however they do not like to spend money in acquiring that right individual who can show or collaborate in making sure that they are in the right path of becoming one. 

Becoming the high performance organization is not that easy. It requires a talented individual who will manage, play and think through the many puzzles that are involved within the human capital and resources organization. That person must demonstrate, independent, critical and strategic mindset to evaluate all areas of the organization where human capital is a vital force. 

 

©2012 JNTConsulting

Achieving success with the right type of people comes with big challenges; clear communication; competent professionals and leaders; the workforce adaptability to the global culture within the organization and its extended environment - the personal background of every employee; and the overall Human Capital and Resources Strategy that will support the business goals of the organization.

What this means to you?

1. When hiring, learn the landscape and art of recruiting - the selling of your product (your company and the vacancy) to the prospective buyer (the candidate for the job)

2. Make extra effort in understanding the differences and layers of many activities that involve hiring, this include from planning up to date of start of the new hire.

3. Make sure you understand your business goals, and that your human capital strategy is in line with all the areas of the organization

4. R.O.I. and results-driven techniques, programs, partners and activities must be demonstrated at all cost and levels, no excuses. Examples of these programs that brought "A" type of individuals are; mobility, corporate immigration, destination assistance, pay right for the highly qualified person instead of underpay their qualifications and experience

5. If you don't have a strategic plan (see item #4 above), contact an experienced human capital and resources management professional who can assist you with the endeavors.  There is no option than hiring one that knows the concepts, up-to-date practices including rules and regulations, implementation and evaluation of results. These are all integrated as part of the landscape.

Comments:
We like to hear about your insights. You can email your comments to: info@jntconsulting.com or write in the provided message field at the end of this article.

About JNT Consulting

JNT Consulting Global Resources offers professional consulting in human capital and resources management, provides workforce solutions that will achieve the "High Performance Organization" regardless of size and location.

JNT Consulting has its headquarters in San Jose, California and is "Your Partner for Growth & Development”, “Your Professional Coach”, and “Your Provider of Global Resources”. You can contact us by calling +1 650 241-3207 or visit our website.

Reference:

1 JNTC Articles

2 JNT Consulting

3 Facebook /JNTConsulting

4 Twitter/JNTConsulting
5 http://www.recruitingtrends.com  
6 http://talentmgt.com

#   #   #

Advantages in Consuming Locally Grown Products

Recently, the buzz and campaigns about products that are grown locally has been gaining its market emphasis.  While this is not a professionally focused topic, we feel that the quality of food that we eat provide a greater healthy perspectives on the way we work and healthier body functions.

In California, this campaign is growing and is influencing many more individuals who are buying and looking for products and produce that are grown locally.

credit: https://www.facebook.com/Eatlocalbuycaliforniagrown

There are many advantages when, as consumers will buy locally produced products and vegetables. Each state and city has local products that consumers can enjoy.  These products will help you gain better health.

For example; in Portland, Maine, Pastor Chuck Orchard's produces and distributes to selected supermarket that carry locally grown and organic products. Look for 'Apple-based sauces and butters'

credit: Pastor Chuck Orchard

What this means to you?

1. Consuming locally and organically produced vegetables and fruits - you are helping your local economy to grow particularly you are supporting the farmers who are working hard to produce them

2. You are creating a habit of enjoying the local products and appreciate their value

 

3. Your loccally grown produce may have been organically grown as well. This meant better health condition because there are less pesticides or even free of pesticides used by farmers

4. Overall, consuming locally grown products will have a universal impact to both producer and the consumer - both are helping each other to advance effectively. 

Comments:
We like to hear about your insights. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

About JNT Consulting

JNT Consulting Global Resources offers professional consulting and resources management,provides workforce solutions that achieve the "High Performance Organization" regardless of size and location.

JNT Consulting has its headquarters in San Jose, California and is "Your Partner for Growth & Development”, “Your Professional Coach”, and “Your Provider of Global Resources”. You can contact us by calling +1 650 241-3207 or visit our website.

#   #   #

 

German Employers Say Smoking Stagnates Productivity & Losing Revenue

German employers have launched a campaign to ban smoking in the workplace, because they believed that smoking was stagnating productivity and causing the loss of revenues.  Many companies allow employees to smoke outside their buildings. In public places, smoking has been banned. 

Source: http://10steps.sg

Germany's Federal Labor Agency, which employs 100,000 workforce requires staff to use time clock when going outside for a smoke. 

The purpose of the campaign was meant to stop the company losses during the time when employees will take recurring short breaks  during work time just to go and smoke their cigarette.  The President of the German Associate of Small and Medium sized Enterprises (BVMW), Mario Ohoven said, "Smoking breaks cost employers money, and they hinder working process". He added that in Sweden many firms have stopped smoking breaks while working. 

In addition, the Federation of Mid-sized Business Entrepreneurs in Germany (UMW) echoed Mr. Ohoven's views. Ursula Frerichs, Board Member said, "Smoking breaks discriminate against non-smokers who keep working, non-smokers are losing out"

According to a recent survey by Hamburg University, the non-production time spent by employees on smoking during work hours cost German employers some 28 million Euros ($35 million) annually. 

The European Commission is eyeing a complete ban at the workplace. However, it is unlikely to be implemented at the soonest. 

Perspectives:

Have you looked at the revenue value that was lost during the smoking break of your employees?  The German employers might have legitimate reasons and or indicators that smoking was indeed a factor that was causing the lost of million revenues annually.

Is the clocking of employees when they go out and smoke be a good mechanism in tracking their time and value lost? or it is only a mechanism in tracking who was taking a break.

Comments:
We like to hear about your insights. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

About JNT Consulting

JNT Consulting Global Resources offers professional consulting and resources management, provides workforce solutions that achieve the "High Performing Organization" regardless of size and location.

JNT Consulting has its headquarters in San Jose, California and is "Your Partner for Growth & Development”, “Your Professional Coach”, and “Your Provider of Global Resources”. You can contact us by calling +1 650 241-3207 or visit our website.

Reference:

1 Deutschland-online - http://www.magazin-deutschland.de

# # #

Required Competencies to solve Global Challenges for Economic Growth and Sustainability

As we sailed into the Year 2012, we are sustaining new Outlooks, new opportunities through various partnerships and cooperations. We are in progress in re-assessing our efforts and revising our Plans of Action to become current, competitive and successful.

From the last quarter of 2011, we implemented a continuous global research, discussions from many of our valued clients, business colleagues and various leaders of global organizations, it brought us the opportunity to examine the challenges that we need to pay attention in 2012. At that time frame, other researches with similar focus were being conducted, thus cross-validated our findings.

©JNTConsulting

Below are some of the highlights and few insights of how to overcome these challenges. In order to be successful in this year, one must have strong global strategic techniques, analytical attention and professional competence in these areas.

1. Cross Culture as Essential Element of Globalization:
It is not merely a recognition of diverse employees and headcount, it is an integration of multi-cultural backgrounds of people, society and community. Learning the nuances and depth of cultural practices and traditions are effective techniques to achieve success in the global economy.

2. Surging Social Media across Cultures:
Globally, there are universal concerns about the role of social media towards advancement of organization. There are also inherent disadvantages towards 'privacy', 'access to technical information', 'utilization of employer's resources', 'use of personal time by the employee', 'social media's role for growth', 'utilization of social media as a tool for discrimination' and many more.

Organizations are challenged about the way they manage social media platforms and its integration in their workplace. Employees enjoy the convenience and flexibility of social media at their fingertips. However, employers see these as factors against productivity of employees. Employment laws are evolving along with the social media phenomenon and each country policy differ across cultures. HR organizations struggle in coping up with the enormity and scope of social media's impact to their workforce.

"The benefits of social media are becoming increasingly obvious to many SMEs, but the medium comes with its own array of risks - unless you develop a robust media policy and thorough staff training, experts say. “It's also critical to have an open culture in the business, so that if something does go wrong, or if a staff member makes a mistake using social media, staff feel comfortable volunteering this information so something isn't left to fester on social media that the business doesn't know about or staff are too scared to tell management about,” says Franklin Adam Franklin, Bluewire Media - Source: Sydney Morning Herald, Managing Small Business.

"HR professionals have to be [technologically] aware. They don't have to be gurus, but they can't ignore it, employees and potential hires use social media to communicate. That includes tweeting or Twitter and posting on Facebook about their jobs and employers". - Josh Bersin, Source: SHRM, Staffing Management

3. Competent Global Consultants Play a Big Role: 

Globalization brings additional tide of flexibility. There are many organizations that are expanding at new locations internationally. Oftentimes, it's their first time to do business at that particular country. For smart organizations, they tap the help or guidance of globally experienced consultants. These consultants demonstrate strong capabilities that inexperienced organizations at a given location cannot ignore.

The convenience is the ability to perform functions with quality deliverables at due time. They strategically approach every item that they contract and perform. That convenience is not available when you hire FTE employees without considering the learning curve to do the job. Although experienced hires can do the jobs, it was found that they were not experienced enough to execute the consultative techniques that professional consultants can do. However, it is not a matter of having a consultant, it is equally important to examine the responsibilities between both parties involved particularly where Employment laws and business regulations might come into play. In that way, your organization will avoid citations, penalties or big legal fees due to violations.

"Using a professional means that the results will be processed effectively and thus, the subsequent recommendations will carry more weight and be more useful. A professional will have the experience to deal with problems throughout the project and therefore, deliver the findings on time." - Source: DJS Research

4. Hiring Top Talents across Cultures:
A tendency of organization when opening at new country was to hire one of their top employees and become an expat. The assumption was that the top employee can play great impact and business opportunities in the new country because he/she was a topnotch employee at the home country. In many instances, this assumption was proven to be wrong based on experiences of many organizations and senior executives.

Today, organizations that are operating at multi-cultural locations are challenged with many facets of host country operations. Unforeseen realities prior to the expatriate assignment surfaced and issues came one after the other. As a consequence of their neglect, they end up losing their investments of time, money, and top notch employee. The inexperienced HR organizations faced tax issues, expatriate management, compliance requirements about local and international laws, host country's culturally based business practices and community traditions. It is important to approach a global expansion with a strategy that demonstrates all areas that will require attention. Working with HR professionals or Human Capital consultants that have worked in multiple countries is very important and not an option, 100 percent of the executives we have spoken agreed.

In a recent Global CEO Survey (1,201 have participated), identified the major challenges in the next three years, they are as follows;
66% - limited supply of candidates with the right skills
54% - recruiting and integrating younger employees into the workforce
52% - losing people to competitors
50% - providing attractive career paths

Identified strategies to meet these challenges are:
65% - using more non-financial rewards as motivation
59% - deploying more staff on international assignments
54% - working with government and academia to improve skills
Source: PriceWaterhouseCoopers Report

The world's borderless workforce, the migration of talent across and within national boundaries, is growing rapidly in size. Employers who take a sophisticated approach to managing their talent supply and demand challenges by including a talent mobility strategy in their overall plan to combat skills shortages will position themselves to win the escalating war for talents. - Source: StaffingIndustry.com

5. People Management across Cultures:
Many speculate that hiring and managing people regardless of location is universal. Our experienced global leaders disagreed with that assumption. Each one identified that one among the failures of organization was the utilization of universal template in regards to hiring people internationally. The practice of hiring talents in the United States cannot be used as a template when hiring talents in Asia, Australia, Canada, and European countries. Each country is different and their people. The executives stressed the demonstration of respect to people at new location. Show respect to the culture and traditions that they are living and integrate your business to them and not the other way around. When hiring individuals for management positions, our executives say they will pick the ones with demonstrable competencies in leadership and cultural sensitivity.

In North America (Canada and USA), 71 percent of the surveyed hiring managers say that "they would put leadership skills as top priority when hiring executives", according to the survey conducted by Right Management. Source: Canadian HR Reporter

6. Becoming the High Performing Organization:
1. Refocusing towards human capital and value their competencies and strengths
2. Reinvigorating leadership, coaching and empowerment
3. Become an executive partner at the table and demonstrate acumen in ROI and competencies in business
4. Competence in analytics and strategic approaches are required - Not only metrics and processes oriented
5. Use pragmatic and practical business practices that are people oriented
6. Transform from traditional and outdated procedures to strategic techniques that integrate culture, competencies, leadership and workforce adaptability

In 2010, an article was published "Competitiveness and Strategic Competence - Differentiator of New HR and Business Partner"

7. Needed Competencies of Human Capital and Resource Management Professional
1. Demonstrate business acumen and practices
2. Integrate values, ethical practices and accountability
3. Execute consultative competencies, strategic organization, critical thinking and solutions
4. Competence in Analytics, R.O.I. driven activities and business decision making
5. Expertise and sensitivity in global and cross cultural effectiveness
6. Develop leadership and communication competence
7. Invest on people as an asset to avoid talent drain
8. Philosophical Competence in Experiential Learning, Relational Partnerships, Collaboration and Evidence-based Management
9. Acquire global competencies if you don't have them through coaching and professional development
10. Continuous learning of the current techniques and practices around the globe

"Today, 40% of HR Directors make it to the boardroom table but up to 50% admit to not knowing the contribution their role makes to other functions and executives across the business" - Source: HR Review, Strategy and Practice

What do these mean to you?
There are lots of strategic actions that need to be done in order to achieve success. Transforming your organizational approach from traditional to strategically enabled (if not happening yet) is essential. Integrating results and R.O.I. driven performance are necessary. Growth, development and sustainability of human capital as assets in the organization are equally important.

The following graph validates readiness of our firm in responding to all of the identified challenges of organizations in the globalized 21st Century. Let us know how we  can bring you, your teams and organization to become the 'High Performing Organization'.

©JNTConsulting

Comments:
We like to hear about your insights and experience. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

About JNT Consulting
JNT Consulting Global Resources offers professional consulting and resources management, provides workforce solutions that achieve the "High Performing Organization" regardless of size and location.

JNT Consulting has its headquarters in San Jose, California and is "Your Partner for Growth & Development”, “Your Professional Coach”, and “Your Provider of Global Resources”. You can contact us by calling +1 650 241-3207 or visit our website.

Source References:
1 JNTC Articles - http://jntcarticles.blogspot.com
2 Sydney Morning Herald - http://www.smh.com.au
3 The Nation - www.nationmultimedia.com
4 SHRM - http://www.shrm.org
5 DJS Research - http://www.djsresearch.co.uk/
6 PriceWaterhouseCoopers - www.pwc.com/ceosurvey
7 Staffing Industry - http://www.staffingindustry.com
8 Canadian HR Reporter - http://www.hrreporter.com
9 HR Review - http://www.hrreview.co.uk

# # #

Happy Australia Day, Mate ~

January 26th - Australia Day Celebration

Source: embassyworld.com

Happy Australia Day to all our business partners, friends, colleagues and family members down under!

"Let's commemorate the arrival date of the First Fleet in January 1788"

Backgrounder:

In May 13, 1787, the so called First Fleet begun sailing from Great Britain (now called United Kingdom), consisting of 10 Civil Officers, 212 marines and officers, 28 wives and 17 children, 81 free persons, 504 convicts and 192 female convicts, total of 1044.

The people aboard in the First Fleet were sent to Australia based on Orders-in-Counsil for establishing the European colony in Australia, in the region of which Captain James Cook, a Royal Navy Captain and a British Explorer, had named New South Wales. The fleet was led by Captain Arthur Philip, who later became an Admiral.  The First Fleet arrived at Botany Bay between January 18-20, 1788. 

At a later date, the first European Habitation of Australia settled at Sydney Cove. Today, Sydney Cove is relative to Sydney Harbour / Circular Quay. The city of Sydney resides in New South Wales, a province of Australia.

The Australia Day was celebrated since January 26 1908 according to historical records. In 1818 was the first official formation of the celebration held in New South Wales. Currently, it is a public holiday across Australia. During this time of annual celebration when different Australian Awards and Honours are conferred to deserving individuals, groups, institutions and other categories.   Australia Day has become the biggest annual civic celebrations in Australia.

(c) 2011 JNTConsulting

(c) 2008 JNTConsulting

Perspectives:

Today, Australia is growing rapidly, according to the Australian Bureau of  Statistics, the population is at; 

22,813,515 

The following are JNTC Articles' additional current information about Australia:

2012 Australia's Strategy

2012 Australia's New SkillSelect  

Comments:

We like to hear about your insights. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

# # #

The Synergy of the Year of the Dragon and President Obama's State of the Union

Our positive outlook for this year of 2012 is full of hope and excitement. We have gone through many cross roads, turns, ups and downs in the last years. Indeed we need new perspectives and techniques to challenge our horizons dramatically in order to be more successful in achieving our business, professional and personal objectives.

Courtesy of John Wu

Gong Xi Fa Cai!

The Year 2012 is the 

Year of the Dragon 

and Lunar New Year. 

Backgrounder:

Chinese calendar has been used for many centuries. It is used to celebrate many East Asian holidays such as Chinese New Year, Spring Festivals, Astrological Events, and the selection of most auspicious date for a wedding or opening a building. These were based on traditions and beliefs relative to one cycle of the moon in a given month.

This year 2012 is the Year of the Dragon (Male Water) which begins on January 23, 2012 and ends on February 9, 2012. The Chinese Calendar which describes about the Lunar Year has been used in three and a half millennia (source: Chinese Historical and Cultural Project).

The Chinese year that begins January 23, 2012 is reckoned in the seldom-used continuously numbered system to be 4709 (or 4649 or 4710), depending on the epoch used. (source: wikipedia.org)

Perspectives:

Anticipating the positive aura and energy that the year 2012 will bring.

"There are lots of challenges ahead but everything will be solved through power of knowledge and strategic yet realistic solutions" - said Juntee Terrenal, President, JNT Consulting Global Resources

~  ~  ~

Blue Print for an America Built To Last 

"A Nation Where Everyone Gets a Fair Shot, 
Does Their Fair Share,
and Plays by the Same Set of Rules" 
- Pres. Obama

http://www.whitehouse.gov/state-of-the-union-2012

"There's no reason why we can't restore the basic American promise that if you work hard, you can do well", "We all have a stake in the future success of our country. America is still the place where you can make it if you try. But we cannot fulfill that promise by shortchanging investments in our kids, our workers, our environment and our economy. The America we built after World War II -anchored by a strong middle class -- can be built again. We will do it by restoring an economy that works for all of us" - said President Obama, State of the Union Address, Tuesday, Jan. 24, 2012.

Wishing you all with the best of opportunities that the Year of the Dragon will bring us all.

Comments:

We like to hear about your insights. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

# # #

Misclassifying Worker as Independent Contractor - New California Law Plus Implications where Business Operates

In October 9, 2011, Governor Jerry Brown signed into law the Senate Bill 459 (Ellen Corbett) which prohibits willful misclassification of a worker as an independent contractor.  

As of January 1, 2012, this new California Law took effect with Section 226.8 has been added to the Labor Code.

The following are its provisions; 

1. Willful misclassification of an individual as an independent contractor.
2.  Charge an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment would have violated the law if the individual had not been misclassified.

When a violation has been determined, a person or the employer would be;
1. Subject to a civil penalty of not less than five thousand dollars ($5,000)
2. And not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law

When a violation has been determined that an employer or a person has engaged in any of the enumerated violations of subdivision; (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations,
1. Subject to a civil penalty of not less than ten thousand dollars ($10,000)
2. and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law.

When it is determined that the person or an employer is a licensed contractor company pursuant to the Contractors’ State License Law and has violated subdivision (a), State Agency shall transmit a certified copy of the order to the Contractors’ State License Board for disciplinary action.

An employer who is determined as a violator of the law, it will be required to do the following;
1. Must post a notice on its website that; (a) it has committed a serious violation of the law by engaging the willful misclassification of employees, (b) it has changed the business practices to comply with the law, (c) it provides any employee who believes that he or she is being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, e-mail address, and telephone number of the agency. (d) the notice is being posted in pursuant to a State order.

In addition the employer also shall satisfy the following requirements in preparing the notice:
(1) An officer shall sign the notice.
(2) It shall post the notice for one year commencing with the date of the final decision and order.

An inspection to the compliance of the law may take place at any time. Violators of non-compliance to issued order will be given a citation in addition to the penalties or damages that are otherwise available at law.

When an employer does not have a website, such notice must be posted prominently in areas that are accessible to employees and the public.

Perspectives:
1. Any person or employer who will hire an independent contractor must understand the full responsibility of the function and not the same or similar to someone who is employed in the organization.
2. The Rule of Thumb, check the IRS IC Test to determine whether the position is classified correctly as an independent contractor versus a supervised or managed employee.
3. It will be worthy to understand the example provided by the IRS regarding their description of a Common Law (Employee)

Common Law Rules (source: IRS.gov)
Facts that provide evidence of the degree of control and independence fall into three categories:
a. Behavioral - does the company control or have the right to control what the worker does and how the worker does his / her job?
b. Financial - are the business aspects of the worker's job controlled by the payer? (these include things like how worker is being paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
c. Type of relationship - are the written contracts or employee type benefits (1.e. pension plan, insurance, vacation pay, etc.) identifiied? Will the relationship continue and is the work performed a key aspect of the business?

4. When in doubt about the responsibilities of the role and cannot determine whether or not it falls in a correct classification, sought the guidance of an experienced human capital consultant or employment attorney

Many argue that this law is a "job creation killer". For any follower of laws, a correct classification of every worker will take place upon hire. For any non-follower of laws, an employee who may not qualify to perform the role of an independent contractor may be classified as one for purposes of convenience and cheap labor.

This law has a backbone to protect hard working individuals and be classified as independent contractor. This new law also allow anyone within the organization to report to the State Agency, that there is someone working within the premises who was misclassified.

The ICs are business people who deliver the quality of work without the help of micro-managers.

Business Operation's Location as a Consequential Evidence of Greater Interest:
When executing an independent contractual agreement, do not ignore to identify the actual location of the job being performed by the Independent Consultant / Contractor, required by the contracting business. It is equally essential to identify the actual location of the hiring party whether within the state or outside the state. The relationship between parties must demonstrate the impact of "materially greater interest" when the job is being performed. Both locations help determine the location of materially greater interest.

The most recent case that illustrated such conflict which emphasized the business operations location and its greater interest was the case of Ruiz v. Affinity Logistics Corporation.

Comments:

We like to hear about your insights and experience. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

# # #

Discriminatory Hiring and Business Practices

Hiring is a two way street, it involves the interaction between two parties (the candidate for a job and the hiring party). Both parties will have a discussion about expectations, opportunities and limitations relative to the job functions and the candidate's competencies. Regardless of the result of the discussions, one is a winning party if not both.

In the past years, there were evidence of declining good hiring practices as discriminating practices were more evident. The following illustrate examples of practices that were reported and can be found publicly in the internet;

The US Department of Labor pursued cases of discriminatory practices such as;

The company's selection criteria were subjectively and inconsistently applied. As a result, women were less likely to be employed in entry-level production jobs, and Asian and Pacific Islander job seekers were unfairly favored over other racial groups.

The company was giving preferential treatments to Latino applicants and systematically discriminating against African-Americans and Caucasians seeking longshoreman jobs.

On Equal Pay:

The company discriminated against female sales specialists by paying them salaries that were, on average, $1,700 less than their male counterparts.

In prior year, evidence of discrimination exist to individuals whose age ranges above 40's.

The Legal Information Institute of the Cornell University Law School, has provided an overview of Employment Discrimination. It seeks to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. The link provides you with more information about discrimination which also exist in the United States Constitution.

“In this day and age, it is shocking that any company would allow race to be a factor in determining who gets hired,” said OFCCP Director Patricia A. Shiu.

The main question is, what triggers employers to discriminate against individuals while there are laws that prohibits such actions.

Perspectives:

As long as there are individuals who play the role of a victim, the "exploiter" will take advantage at any rate until such time the actions are caught.

As we have seen in different industries, the so called exploiters like cheap labor and greed. Sometimes the influencer to such discriminatory action is power and familiarity.

Do you think there be a time where 'total equality and respect' will exist in this world? Your guess will be as good as mine ~

Comments:

We like to hear about your experience. You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article.

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USA - New USCIS ELIS (Electronic Immigration System) in the Horizon

The US Citizenship and Immigration Service’ Director, Mr. Alejandro Mayorkas announced recently through The BEACON that the post-development phase of their new USCIS ELIS (Electronic Immigration System) was about ready to be released of its first segment.  ELIS is anticipated to be released for public use at the soonest.

Source: USCIS

 “The new USCIS ELIS will transform our paper-based agency into an electronic, online organization.  This is an unprecedented step for the world’s largest and most complex immigration system” - said A. Mayorkas, Director, USCIS.

The prototype of ELIS was shown through the link at The BEACON (see above). It demonstrated the convenience of a nonimmigrant visa holder to apply for the Status Change or Extend his/her visa. When this becomes operationally launched, many visa holders can benefit from it electronically.  

“USCIS is developing a simplified, Web-based system that will allow customers to submit and track their applications online and enhance USCIS' ability to process cases with greater accuracy, security and timeliness.”

A better viewing is also available at www.youtube.com (please click the link provided below).

http://www.youtube.com/watch?v=f623xZUTXdM&feature=youtu.be

Perspectives:

This means faster delivery of business needs, that employees will soon have access to a real electronic system that USCIS has been trying to push through in many years. Based on the demonstration provided, it shows significant advantages and convenience to employees, employers, even the B visa holders and others.

The ELIS is meant to be a web-based system. This means that anyone can access it regardless of their current location within the United States or outside the country.  If this is to be true, a real convenience has arrived in the USCIS premises.  It will eliminate the time consuming procedures and documentation that every nonimmigrant visa holder has to go through when renewing, changing, or extending their current status.

However, it would be necessary to wait and see how it will work actually. Hopefully, the USCIS’ Electronic Tranformational Team has thought all the many facets that complete an application of which fast track approvals as well as avoidance of RFE (Request for Evidence) or additional documentation.    

Other countries like Australia has put in placed successfully, an electronically convenient web-based visa acquisition. Something that USCIS has to look as well. 

Comments:

We  like to hear about your experience and feedback in regards to how effective this new system.  You can email your comments to: info@jntconsulting.com or send through the provided message field at the end of this article. 

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