HR Management

# HR Management Knowledge Pack

## Hiring Process

### Workforce Planning
Before posting a role, conduct a needs analysis: Is this a replacement or new position? Can responsibilities be redistributed? What's the budget impact (salary + ben + overhead typically = 1.25-1.4x base salary)?

Create or update the JD with: job title, dept, reporting structure, essential functions (legally required under ADA for accommodation analysis), minimum qualifications, preferred qualifications, FLSA classification (exempt vs non-exempt), salary range (increasingly required by state pay transparency laws), and physical requirements if any.

### Recruitment Pipeline
1. **Sourcing**: Internal postings first (promotes retention and morale), job boards (Indeed, LinkedIn, industry-specific), ER referral programs (typically $500-5000 bonus after 90 days), staffing agencies (15-25% of first-year salary), campus recruiting for entry-level
2. **Screening**: ATS filters for minimum qualifications, phone screen (15-30 min) to verify basics: interest, salary expectations, availability, visa status. Structured screening questions improve consistency and reduce bias
3. **Interviewing**: Behavioral interviews most predictive of job perf ("Tell me about a time when..."). Panel interviews reduce individual bias. Technical assessments for skills-based roles. NEVER ask about: age, marital status, children/pregnancy, religion, disability, national origin, arrest record (in many states)
4. **Selection**: Score candidates against predetermined criteria. Document reasons for selection/rejection (protects against discrimination claims). Reference checks: verify dates, title, rehire eligibility at minimum. Background checks require written consent (FCRA) and pre-adverse/adverse action notices if declining based on results
5. **Offer**: Written offer letter including: title, start date, comp (salary, bonus structure), ben eligibility date, at-will disclaimer (if applicable), contingencies (background check, drug screen). NOT a K unless specifically stated — at-will language is critical

### Legal Compliance in Hiring
- Title VII: prohibits discrimination based on race, color, religion, sex, national origin (ER with 15+ EEs)
- ADA: must provide reasonable accommodations; cannot ask about disability pre-offer
- ADEA: protects EEs 40+ from age discrimination
- Ban-the-box laws: many states/cities prohibit asking about criminal hx on initial application
- E-Verify: mandatory in some states, voluntary in others. I-9 required for ALL new hires within 3 business days

## OB Process

### Pre-OB (Before Day 1)
- Send welcome packet: first day logistics, parking info, dress code, what to bring (ID documents for I-9)
- IT setup: equipment, accounts, access badges, software licenses
- Assign OB buddy/mentor from the team
- Notify team of new hire with start date and role

### Day 1
- Paperwork: I-9 (Section 1 on/before Day 1, Section 2 within 3 business days), W-4, state tax forms, direct deposit, ben enrollment forms, emergency contact, EE handbook acknowledgment, NDA/NCA if applicable
- Facility tour, introductions, workstation setup
- Review of EE handbook policies: attendance, PTO, dress code, harassment policy, tech usage

### First 90 Days (Probationary Period)
- Week 1: dept orientation, role-specific training, system access and training
- Week 2-4: shadowing, supervised task completion, initial goal setting with mgr
- Day 30 check-in: formal feedback session — how is it going, any concerns, clarify expectations
- Day 60 check-in: progress toward initial goals, increasing independence
- Day 90 review: formal assessment of fit and perf. Decision point for continued employment. Document outcomes

### OB Metrics
- Time to productivity (benchmark: 3-6 months for professional roles)
- New hire retention at 90 days, 6 months, 1 year (industry avg: ~20% turnover in first 45 days indicates OB problems)
- OB satisfaction survey at 30 and 90 days

## Perf Reviews

### Review Cycle
Annual reviews are standard but increasingly supplemented with quarterly check-ins. Best practice: no surprises — feedback should be continuous throughout the year.

### Review Components
1. **Self-assessment**: EE rates own perf against goals and competencies
2. **Mgr assessment**: rate against same criteria, provide specific examples
3. **360 feedback** (optional): peers, direct reports, cross-functional partners provide input
4. **Goal review**: assess completion of prior period goals (use SMART framework: Specific, Measurable, Achievable, Relevant, Time-bound)
5. **Development plan**: skills gaps, training opportunities, career path discussion
6. **Rating calibration**: mgrs meet to calibrate ratings across dept, preventing grade inflation/deflation

### PIP Process
When perf is below expectations:
1. Verbal coaching conversation (document date and content in mgr notes)
2. Written warning with specific expectations and timeline
3. Formal PIP: 30-60-90 day plan with measurable goals, weekly check-ins, clear consequences. Must include: specific deficiencies, expected perf level, resources/support provided, measurement criteria, review dates, consequence of failure to improve
4. PIP outcome: successful completion (document and continue monitoring), extension (rare, if genuine progress shown), term if goals not met

**CRITICAL**: PIP documentation protects the ER in wrongful term claims. Every conversation, every missed target, every support offered must be documented with dates.

### Comp Reviews
- Market adjustment: compare to salary surveys (Mercer, Radford, Payscale) by role, geography, industry
- Merit increase: typically 3-5% for meets expectations, 5-10% for exceeds
- Promotion increase: typically 10-15% for one-level promotion
- Equity adjustment: correct internal pay disparities (pay equity audits increasingly required by law)
- Total comp statements: show EEs full value including ben, retirement match, PTO value

## EE Relations

### Common Issues
- **Harassment complaints**: take every complaint seriously. Investigate promptly (7-10 business days). Interview complainant, respondent, witnesses separately. Document everything. Take appropriate corrective action. Anti-retaliation protection is absolute — monitor for retaliation after complaint
- **Workplace conflicts**: mediate early before escalation. Focus on behavior and business impact, not personality. Document agreements and follow up
- **Attendance issues**: track patterns, address early. Progressive discipline: verbal warning, written warning, final warning, term. Accommodate if related to disability (ADA) or serious health condition (FMLA)
- **Substance abuse**: treat as medical issue when EE self-reports. EAP referral. Post-incident testing where permitted by law. Safety-sensitive positions have different rules (DOT-regulated roles)

### Term Best Practices
- Voluntary: conduct exit interview (not with direct mgr — HR or neutral party). Identify trends. Standard notice: 2 weeks, though not legally required in at-will states
- Involuntary for cause: ensure documentation supports decision. Review with legal counsel for any protected-class EE. Deliver in person with witness (usually HR). Provide final paycheck per state law (same day in some states like CA). COBRA notice within 14 days. Retrieve company property, disable access immediately
- Layoff/RIF: WARN Act requires 60 days notice for 100+ EE layoffs. Review selection criteria for disparate impact. Offer severance in exchange for release of claims (must give 21 days to consider, 7 days to revoke for 40+ EEs under OWBPA)

## Compliance Basics

### Wage and Hour (FLSA)
- Exempt vs non-exempt: exempt EEs must meet salary threshold ($35,568/year federal, higher in some states) AND duties test (executive, administrative, professional, computer, outside sales)
- Non-exempt EEs must receive overtime at 1.5x regular rate for hours over 40/workweek. Some states have daily overtime (CA: over 8 hours/day)
- Meal and rest breaks: no federal requirement but many states mandate (CA: 30-min meal by 5th hour, 10-min rest per 4 hours)
- Timekeeping: ER must maintain accurate records. Rounding permitted only if neutral over time. Off-the-clock work is an FLSA violation — EEs cannot waive overtime rights

### Leave Laws
- FMLA: 12 weeks unpaid leave for serious health condition, new child, military family. Applies to ERs with 50+ EEs within 75 miles. EE must have 12 months/1250 hours. Job-protected return to same or equivalent position
- ADA interactive process: when EE requests accommodation or ER becomes aware of need, must engage in good faith interactive process. Reasonable accommodations unless undue hardship. Document the process
- State leave laws often provide greater protection (CA CFRA, NY PFL, etc.) — always check state law in addition to federal

### Recordkeeping
- Personnel files: maintain securely, limit access to HR and direct mgr chain. EEs have right to inspect in many states
- I-9 retention: 3 years from hire date or 1 year from term, whichever is later
- Payroll records: retain 3 years (FLSA)
- Ben records: retain 6 years (ERISA)
- Interview/application records: retain 1 year from decision (Title VII, ADEA)
- Safety records (OSHA 300 log): retain 5 years

### Annual Compliance Calendar
- January: post updated labor law posters, distribute revised EE handbook if updated
- February: EEO-1 reporting deadline (ER with 100+ EEs)
- March: OSHA 300A summary posted Feb 1-April 30
- Quarterly: review I-9 retention, audit new hire paperwork completion
- Open enrollment: typically October-November for January ben effective date
- Year-end: W-2 distribution by January 31, ACA reporting (1095-C) by March 2