“The Business of Architecture”
Small Practice Management
Workshop
Employment Law, Recruiting, &
Generations in the Workforce
Wendy Shannon, M.S., SPHR
Human Resources Works, LLC
Federal Laws
 Civil Rights Acts
 EEOC Laws
 DOL Laws
 Other Laws
Government 101
Federal
Legislative
Congress
(enacts the law)
Executive
President
(enforces the law)
Judicial
State
County
Municipalities
Supreme & District
Courts
(interpret the law)
New Mexico State Employment Laws
• 1 or more employee(s):
– Unemployment, worker’s compensation and
minimum wage
– Employee Privacy Act – Smoker/non-smoker
– Final Pay Check
• 4 or more employees:
– New Mexico Human Rights Act
– Worker’s Compensation Insurance
NM State Employment Laws Cont
• 15 or more employees:
– Amended Human Rights Act – sexual
orientation or gender identity
Federal Employment Laws
1 employee or more:
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Wage Garnishment Act
Fair Labor Standards Act (FLSA)
Occupational Safety and Health Act (OSHA)
Federal Tax, Fica, Social Security
Employee Retirement Income Security Act (ERISA) & others
Immigration and Reform Act
Health Insurance Portability and Accountability Act (HIPAA)
Civil Rights Act of 1866
Uniformed Services Employment & Re-employment Rights Act
Employee Polygraph Protection Act
Equal Pay Act
Fair Credit Reporting Act
15 or more Employees:
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Title VII of Civil Rights Act (1964)
Sexual Harassment Compliance
Pregnancy Disability Act
Americans with Disabilities Act (ADA)
20 or more employees:
• Age Discrimination in Employment Act
Older Workers Benefit Protection Act
• Consolidated Omnibus Budget
Reconciliation Act (COBRA)
Protected Classes:
 Race and color
 Sex
 Age (over 40)
 National origin
 Religion
 Citizenship
 Marital status
 Pregnancy
 Disability
 Sexual
orientation
 Vietnam Era
Veteran Status
Civil Rights Act of 1964
Prohibits discrimination on the basis of race, religion,
color, gender, national origin and sex. Most
discrimination suits today are filed under Title VII of
this Act
N.M. Human Rights Act of 1969
Prohibits discrimination in employment, housing, credit
and public accommodations on the basis of
race, color, national origin, ancestry, religion,
sex, age, physical or mental handicap,
or serious medical condition.
Equal Pay Act of 1963
To prevent differences in pay based only
on the sex of a worker
Age Discrimination in
Employment Act of 1967
Protects people over the age of 40 from
discrimination
Pregnancy Discrimination Act of 1978
Amends Title VII to
include
discrimination on
the basis of
pregnancy,
childbirth, or other
related medical
conditions
Americans With Disabilities
Act of 1990
Assists individuals with
disabilities in obtaining access
to employment, public
accommodations,
transportation, and
telecommunications because
of their handicap
Qualified Individual is
Defined as…
 An individual
 with a disability
 who satisfies the requisite skills,


experience, education, and other jobrelated requirements of the
employment position
who, with or without reasonable
accommodation,
can perform the essential functions of
such a position
Fair Labor Standards Act of 1938
 Established a minimum wage
 Increases workers’ purchasing power



and standards of living
Discourages excessive hours of
employment
Stops the use of abusive child labor
Regulates minimum wage,
overtime pay, equal pay, child
labor, and record keeping
requirements
Non-Overtime Work
 Maximum non-overtime hours per
week for nonexempt employees is
40 hours
 Regular work week includes

Scheduled work days
 Excluded from regular work week
are
Jury duty
 Bereavement
 PTO/Vacation/Sick
 Holidays

Exempt vs. Non-Exempt
FLSA allows an exemption from overtime pay for employees
employed as Executive, Administrative, Professional, and Outside
Sales employees. To qualify for exemption, employees must meet
certain tests regarding their job duties and be paid on a salary basis.
Job titles do not determine exempt status.
Harassment
Harassment Defined
EEOC defines as any action or statement
perceived to be offensive, intimidating, abusive,
or derogatory
Includes:
physical abuse
mental abuse
ethnic jokes
religious slurs
The Law
 Harassment is a form of discrimination
 Sexual harassment is a form of sex
discrimination
“Reasonable Person”
OR
“Reasonable Woman” standard
 Conduct is harassment if a reasonable
person would consider it so pervasive
or severe that the employee’s working
conditions are altered
Two Types of
Sexual Harassment
Quid Pro Quo
This for that
An inappropriate use of power
Hostile Environment
Verbal
Sexual Innuendoes
Swearing/Profanity
Jokes
Compliments
Propositions
Who is Liable for Harassment?
 Company
 Individual supervisor
If the supervisor or company
knew or should have known
of potential or actual harassment
Worker’s Compensation Laws
Requires each state to have a worker’s
compensation program for workers injured
or killed on the job
Unemployment Compensation Laws
 Unemployment benefits are available to
unemployed workers who have met minimum
working & wage requirements
 Recipients must be ready, able, & willing to
work & registered for work at a public
employment office
Employment at Will
Employment is by
mutual consent
between the
Company and the
employee.
The arrangement is “at
will” at may be
terminated at any time
deemed appropriate with
or without cause by
either party.
Exceptions to the Rule
of “At Will”
Breach of Promise
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Written Promises (offer letters, company policies)
Oral Promises (recruiting pitches)
Implied promises (company policies, promotions,
raises)
Immigration Reform and Control
Act of 1986
Makes it illegal for employers to recruit,
hire, or refer for hire any unauthorized
alien. Requires documentation of identity
and eligibility of worker to work in the
United States (Form I-9). Prohibits
discrimination of the basis of national
origin or citizenship status.
Health Insurance Portability and
Accountability Act (HIPAA)
• Guarantee
privacy and
security of health
information
• Confidentiality,
Privacy, &
Security
The Long and Winding
Employment Road
job descriptions
recruitment
applications
selection
orientation
compensation
training
promotions, transfers
discipline
retirement
record keeping
Staffing
Don’t gamble with your Hiring Decisions!
Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996
Staffing
The single most important
individual in the hiring process
is you: the Hiring supervisor.
Your mission is to hire the best for
the Team.
Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996
The Perfect Hire
Time and Effort up front
vs.
The Nightmare Hire
Time and Effort at the back
Hiring supervisor’s
Responsibilities
 defining the job before your
start interviewing (if
applicable)
 defining characteristics what are you looking for in
a new employee?
 Develop evaluation criteria
and interview questions
and Preparation
 Identify the job and what it involves.
 Identify the technical skills the job
requires.
 Identify the performance skills the job
requires.
 Describe those skills in objective,
behavioral terms.
Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996
Defining the Characteristics of Your
New Employee
 Hard working
 Good attitude
 Experienced
 Stable
 Smart
 Responsible
What are the specific behaviors that would describe
these subjective traits?
Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996
Now you understand the needs of the job
and what type of employee you are
looking for…..
Next step is to prepare interview
questions based on the criteria you have
defined.
Prepare Questions in Advance
 Rapport-building questions
 Open-ended questions
 Behavioral or situational questions
 Probing questions
Behavioral method of interviewing.
“Past behavior indicates future
performance.”
Behavioral interviews ask questions in
which the candidate will discuss how they
performed in previous positions.
“Tell me about your most
challenging customer service
situation”
“Tell me about a situation in
which you successfully
resolved a conflict with your
supervisor”
“Tell me about a job you liked the most and why”
Discriminatory Questions
Federal legislation states that you cannot
base a hiring decision on anything other than
bona fide occupational qualifications. This
means you cannot discriminate against an
applicant because of age, sex, marital status,
ethnic origin, religious preference, sexual
preference, or disabilities.
Questions like...
Dealing with age…
• How old are you?
• When were you born?
• When did you graduate
from high school?
• When did you graduate
from college?
Dealing with marital
status…
• Are you married?
• Do you intend to get married
soon?
• Do you have children?
• Are you a single parent?
• Can you travel?
• Do you have someone to
take care of a sick child?
Questions like...
Dealing with ethnic
origin…
• What’s your nationality?
• Where are your parents
from?
• What other languages do
you know?
• What’s the origin of your
name?
Dealing with religious
preference…
• What do you do on
Sundays?
• Is that a Jewish-sounding
name?
• Can you work Friday
evenings?
• Is there any day in the
week you’re not able to
work?
Questions like...
Dealing with
disabilities…
• What health problems do
you have?
• Do you have any
disabilities?
• Is your hearing good?
• Can you read small print?
• Do you have any back
problems?
• When were you in the
hospital last?
• Are you crazy?
Permissible Inquiries
 Applicant’s work experience.
 If the applicant ever worked for this
company under a different name.
 If the applicant has a legal right to
work and reside in the United States.
 If the applicant can do the essential
functions of the job with or without
reasonable accommodation.
Key to Proper Questioning:
CONSISTENCY
•
Ask only those questions that
pertain to the applicant’s
ability to perform the essential
functions of the job.
•
Ask all applicants the same
question.
Review the applicant’s
resume and application
Don’t miss out on the
opportunity to base
some of your
questions around the
surprises you may
find on an applicant’s
resume or application.
Portions excerpted from Economy, Peter and Bob Nelson Managing for Dummies. California: IDG Books Worldwide, Inc. 1996
Conducting The Interview
Establish rapport with the
candidate, make them feel
comfortable and at ease
Ask behavioral based questions
about past job performance
Probe to clarify understanding
TAKE NOTES
Conducting The Interview
Practice good listening skills,
allow for silence, stay in control
Allow the candidate to ask
questions
Inform the candidate when the
selection decision will be made
References
Risks
– Defamation
– Prevent reemployment
Company Policy
– Verify dates of employment, position
– Single voice:
Keeping them after you hired them!
Coaching &
Feedback
Orientation
Delegating
Motivation &
Goal Setting
Performance
Appraisals
Coach to Potential
• Communicate “adult to adult”
• Give encouragement, direction and support
• Use discovery questions as your coaching tool:
– What do you want to have happen?
– What are the reasons this didn’t work as well as
we had hoped?
– What are some other options?
– Tell me more about ….
– How can I support you on this project?
– How could you take the struggle out of this?
– Are you a Jerk???
Coaching & Feedback
The more often you give it,
the better able the employee
is to responding to your
needs and the needs of the
organization.
Recruiting and Retaining the
Generations
Why are we having this conversation
about generations?
In 1900, the average life
expectancy was 47 years;
in 2005 it is 80+ years.
For the first time ever, there
are now four generations in
the workforce.
Each generation brings
strengths and each presents
challenges to organizations.
By 2010, there will be a talent
shortage.
Why do the generations differ?
o Each generation of
people demonstrates
like qualities (Morris
Massey)
o The influence of the
events they lived through
creates a collective
personality of sorts
Here are the “FOUR”
Birth Year
Age Range
1925-1945
62 to 82
Generation
Title
Traditionals
1946-1964
43 to 61
Boomers
1965-1979
28 to 42
Gen X’ers
1980-1997
27 or younger
Millennials,
Y’ers, Nexters
What does each generation look like?
Traditionals….
• What experiences?
• What strengths?
• What issues?
Traditionals 1925 - 1945
Strengths
Rule-oriented
Patient
Conforming
Conservative
On time
Issues
Techno-phobes
Work is work
Less flexible
Boomers….
•What
experiences?
•What strengths?
•What issues?
Boomers 1946 - 1964
Strengths
Issues
Workaholics
Service-driven
Relationship
Self-centered
Competitive
Minimal computer
Sensitive to
feedback
80 million!
Who Are They?
Gen “X’ers”….
• What experiences?
• What strengths?
• What issues?
Gen “X” 1965 - 1979
Strengths
Issues
Bring new
approaches
& ideas
Frank answers
Multi-task
Strong techno
Ask why?
Challenging
attitudes
Jobs are
temporary
Millennials…
• What experiences?
• What strengths?
• What issues?
How are they like
Generation “X”?
They are
independent,
techno-savvy,
entrepreneurial hard
workers who thrive
on flexibility, are
attracted to team
work, and want it
right now!
Millennials 1980 - 1997
Strengths
Collaborative
Techno-savvy
Multi-tasking
Good service skills
Issues
Quest for balance
Need supervision
Time management
Difficult customers
The Power of Four
Generations
Keywords
Managing
Rewards
Career Path
Traditionals
LOYAL
CHAIN OF
COMMAND
RECOGNITION
BUILD A
LEGACY
Boomers
OPTIMISTIC
COMPETITIVE
CHANGE
COMMAND
MONEY
TIME
BUILD A
STELLAR
CAREER
X’ers
SKEPTICAL
SELF COMMAND PORTABLE
BUILD A
PORTABLE
CAREER
Millennials
REALISTIC
DON’T
COMMAND
COLLABORATE
BUILD
PARALLEL
CAREERS
Source: Lancaster & Stillman When Generations Collide, 2002.
MEANING
How can you leverage “The Power of Four” in
your organization?
Some thoughts…
Know which generation has the
strongest impact on your
organization!
• General Mills vs. Microsoft
• To what extent do the major aspects of your
organization’s culture map to one generation more
strongly than the others?
• How does that “generation-bias” impact inclusion,
recruiting, retention, and development of
employees?
Each Generation
Each generation assumes the following generations
will want what they have/share their same
definition of “success”.
Each generation believes the
following generations should
“pay their dues” the same way
to earn that success.
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Employment Law
Recruiting and Retaining
Generational Issues
Do you need an HR Department ???
Questions and Answers
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