53 million American workers — more than one-third of the U.S. workforce1, are officially a part of the gig economy. Why? Because it works for them, and it works for your organization, too.
The gig economy, which is made up of the 53 million Americans who work on a contingent basis, is changing how both employees and employers view work. With companies like Lyft, Uber and GrubHub rethinking “work” as being focused more on outcomes, contingent employees — such as drivers — are running their own little “projects” for the company each time they complete a ride or deliver an order. With a number of key studies touting the gig economy as the future of work, this shift will undoubtedly impact how organizations run. But what does it mean for procurement, specifically?
Better, more targeted consulting results.
Often, when outside consulting help is needed, companies reflexively turn to the big guys. And big guys come with big price tags that don’t always match the level of results you’d expect. But with independent or smaller on-demand vendors like those powering the gig economy, companies can secure innovative solutions at a fraction of the cost, leading to better overall business outcomes without the big firm overhead.
Simplified talent resourcing.
Good help is hard to find, but the gig economy certainly makes the search easier. With an increase of highly specialized workers searching for their next gig, companies have near-instant access to virtually any skill set they could need. And while talent acquisition is primarily an HR function, the cost savings of on-demand resourcing is an important consideration for procurement.
A sharper focus on risk and compliance.
Adding more people to the mix naturally means an increased risk. Controlling an influx of workers who have access to your processes, systems and technology can quickly turn disastrous if not handled appropriately. That’s where background screening organizations like JDP come in. As companies search for providers who have the legal, compliance and technical expertise to help vet contingent workers, procurement’s voice is essential in the management of the relationship with the chosen vendor.
Supporting the HR department through its new challenges.
In our flourishing gig economy, HR will have to make some adjustments around how it recruits, the policies it creates for non-permanent employees, and how it engages employees who work in other parts of the country or the world. These new job challenges come with new stakeholder challenges, and procurement may be able to step in and offer some time-tested advice on how to navigate the choppy waters of internal organizational politics.
Of course, there are a few bad apples in every bunch. But when it comes to key background offenses, some states just produce more bad apples than others. Here are the places where your background screening is most likely hit a snag.
Hell hath no fury like a woman scorned. And if these divas actually committed the vengeful acts they sang about, they’d fail even the most cursory background screening with flying colors. So it’s a good thing these six tales of heartbreak are just make-believe.
Pat Benatar — You Better Run
Her Crime: Terroristic threats
Most Incriminating Lyrics:
You better run, you better hide, you better leave from my side
Okay, we don’t know why this guy should run and hide, and that’s precisely why the chorus to this Pat Benatar classic is so frightening. What’s she planning to do to him?! Trust us, you don’t need Pat creating a culture of fear at your company. Move on to other, less scary candidates.
Blu Cantrell — Hit ‘Em Up Style (Oops!)
Her Crime: Financial fraud/Theft
Most Incriminating Lyrics:
Hey ladies / When your man wanna get buckwild / Just go back and hit ’em up style / Put your hands on his cash and spend it to the last dime / For all the hard times
So Blu Cantrell was cheated on, and she decided that the best revenge was to commit theft and fraud. Hope you stole big, Blu. Because now, no company is going to let you anywhere near their finances.
Carrie Underwood — Before He Cheats
Her Crime: Vandalism/Property damage
Most Incriminating Lyrics:
I dug my key into the side / Of his pretty little souped-up four-wheel drive / Carved my name into his leather seats / I took a Louisville slugger to both headlights / I slashed a hole in all four tires / Maybe next time he’ll think before he cheats
Whew, Carrie’s so mad that she destroyed her ex’s car with a baseball bat and a knife. Better make sure she’s completed anger management before you bring her on board. Otherwise, you’ll say the wrong thing in an email and end up walking home.
Aretha Franklin — Until You Come Back To Me
Her Crime: Stalking/harassment
Most Incriminating Lyrics:
Although your phone you ignore / Somehow I must, somehow I must, how I must explain / I’m going to rap on your door / Tap on your window pane / I’m going to camp by your steps / Until I get through to you / Till you come back to me that’s what I’m gonna do
Yeah, we’re pretty sure that knocking on someone’s doors and windows incessantly is called stalking. Everyone loves a hard worker, but this kind of persistence is just going to creep other employees out. What happens if you don’t give Aretha something that she wants? Then you’ve got to deal with her banging on your office door all day. Hard pass.
Rihanna — Breakin’ Dishes
Her Crime: Property destruction/Assault & battery
Most Incriminating Lyrics:
I’m still waiting, come through the door / I’m killing time and I’m bleaching your clothes / I’m roasting marshmallows on the fire / And what I’m burning, is your attire / I’m breakin’ dishes up in here / All night / I ain’t gonna stop until I see police lights / I’m a fight a man tonight
She’s bleaching clothes. She’s burning things. She’s breaking dishes. What did the dishes do to you Rihanna?! She’s clearly capable of some next-level rage, so make sure that you let her down easy when you tell her she didn’t get the job.
Nancy Sinatra — These Boots Are Made For Walkin’
Her Crime: Assault & battery
Most Incriminating Lyrics:
These boots are made for walking / And that’s just what they’ll do / One of these days these boots are gonna walk all over you
Nancy is correct. Boots are, indeed, made for walking. But we’re 100% sure that the designer of her lovely footwear didn’t intend for her to trample people in them. Walk away from her before she turns you into a literal doormat.
Work meetings are meant to be vehicles that enhance workplace productivity. But what happens when the opposite is true — and they become drags on efficiency and morale?
- New Amendment May Soon Affect FCRA Pre-Adverse Action Notice Requirements
- Illinois Law Suddenly Requires Paid Nursing Breaks
- Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues
- UK – Why More Ex-Offenders May Be About to Get a Second Chance
- WPI Wage Watch: Minimum Wage and Overtime Developments (September 2018)
- PNP Launches National Police Clearance System
- Deleware’s ‘Clean Slate’ Bill Promises Second Chance to Drug Offenders
- FAQs About the New Massachusetts Noncompetition Agreement Act
- Significant Compliance Challenges in New York State’s Proposed Anti-Sex Harassment Rules
- Eighth Circuit Holds Individual Lacks Standing for Alleged Violations of the FCRA’s Authorization and Disclosure Requirement
- Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA’s Pre-Adverse Action Notice Requirement
- Maine’s New Court Record Search Procedure
- New York City Law Requiring Employers to Engage in a “Cooperative Dialogue” for Accommodation Requests Takes Effect October 15, 2018
On September 12, 2018 the Consumer Financial Protection Bureau (CFPB) issued an interim final rule that includes an updated version of the “A Summary of Your Rights Under the Fair Credit Reporting Act.” This In-Depth Analysis covers responsibilities for both CRAs and employers as it pertains to the new Security Freeze Notice.
Since 2001, Illinois has required that employers provide unpaid nursing or lactation breaks for working mothers. Recently, the Illinois Nursing Mothers in the Workplace Act was amended to require Illinois employers to provide paid breaks to nursing mothers while at work.While these breaks can run concurrently with other mandated breaks, nursing mothers must be provided a reasonable number of additional breaks beyond those regularly provided to employees. The amendment also established that the new paid breaks requirement runs only for one year after the child’s birth.
Employers that use criminal record screening must continue to be extra vigilant about compliance with all applicable laws.Notable Cases:
– Multi-million dollar settlement by a leading retailer in early 2018
– Multi-million dollar settlement involving a New York City sports and entertainment venue, including $165k in attorney’s fees
Recent surveys in the US and UK indicate that employers attitudes towards hiring ex-offenders is changing. In a recent study in the US, nearly half of the managers and half the HR professionals expressed a willingness to employ someone with a criminal record. Also, two-thirds of those HR professionals and more than 80% of managers said they thought workers with a criminal record were of equal or better quality than workers who hadn’t had a run in with the law.Perhaps impacting this change are the facts that in many countries people with a criminal record now make up a sizable segment of the population, and unemployment rates are lower in both the US and UK than they have been in decades.
September brought about more activity around the country regarding minimum wage, overtime and tips.Notable initiatives include public listening sessions by the Department of Labor to gather information on white collar exemptions for executive, administrative, professional and outside sales employees. The DOL also released four FLSA-related opinion letters.On a state and local level, notable developments occurred in Minnesota, Arkansas, Michigan, Missouri and the cities of Berkley, CA and Miami Beach, FL.
The Philippine National Police (PNP) launched a more centralized system in applying for a police clearance. The move was in response to a presidential order to reduce requirements and streamline the application of government services to combat red tape. As part of the standardization and streamlining, all existing PNP crime-related databases will be integrated. Applicants can now apply and pay for the clearance online.
Nonviolent drug offenders who serve their time and remain crime-free for a year could have their federal criminal record automatically sealed under legislation introduced to the US House.The Clean Slate Act of 2018 would provide a second chance to reformed offenders of ‘victimless’ crimes such as marijuana possession, who face lifelong barriers to employment, housing and education according to the bill’s sponsor Delaware US Rep Lisa Blunt.The proposal would only pertain to federal crimes, such as offenses under the Controlled Substances Act and federal offenses involving marijuana.
The recently-enacted Massachusetts Noncompetition Act provides a roadmap for employers to follow to ensure enforcement of noncompetition agreements entered into on or after October 1, 2018.This article addresses some frequently asked questions about the Act.
New York State enacted new legislation in April 2018 targeting workplace sex discrimination and sexual harassment. The new law will require companies that have any employees in New York State to promote anti-sexual harassment policies, create and distribute a standard internal complaint form, and provide annual anti-sexual harassment training for all New York-based employees.The new requirements are effective on October 9, 2018.Draft model documents as well as a draft set of FAQs have been created, with more details below.
In Auer v. Trans Union, LLC, the US Court of Appeals for the Eighth Circuit held that an individual plaintiff did not have constitutional standing to sue in federal court under the FCRA for an alleged violation of the FCRA’s authorization and disclosure requirements. In order to have standing, a plaintiff must show that he or she suffered concrete ‘injury-in-fact’ because of the defendant’s alleged wrongdoing. In Auer, the court held the the plaintiff failed to established here standing and directed the trial court to dismiss the lawsuit.Constitutional standing has been a hot topic as of late, with more details and background in the article below.
The US Court of Appeals for the Third Circuit joined recent court opinions regarding constitutional standing in Long v. Southeastern Pennsylvania Transportation Authority (septa). In order to have standing, a plaintiff must show that he or she suffered concrete ‘injury-in-fact’ because of the defendant’s alleged wrongdoing.In Long, the court held that the plaintiffs established standing for one type of violation or the FCRA’s pre-adverse action notice requirement, but not the other – failing to provide them with information about their rights under the FCRA before doing so.
The Maine Judicial Branch has fully implemented its new procedure for all civil and criminal search requests. The Judicial Branch Service Center is the central location for all mail and walk-in record search requests for all District and Superior Courts in the State of Maine and Violations Bureau.Notable changes:
– Walk-in and Mail search requests are no longer honored at local individual courts
– One must have the case number to obtain documents in person
– All requests must now be made on the agency’s Request for Records Search Form
– Fee is $20 per name, per location
– Expected to delay Turnaround Time by 5 daysExceptions and Special Consideration or Private Investigators
In Cumberland County, the Superior Court, and the Portland District Court are conducting walk-in civil and criminal search requests.
These are the only two courts in the state to be exempt from the Service Center.
Private investigators my receive immediate walk-in services at all individual Maine courts, instead of mailing the Service Center upon providing his/her current license.
A new law amends the New York City Human Rights Law to require most employers to engage in ‘cooperative dialogue’ when an employee requests an accommodation related to his or her religious beliefs, disability, pregnancy, childbirth or related condition, or because the employee was a victim of domestic violence, sexual violence or stalking.The law become effective October 15, 2018.While the law doesn’t expand the circumstances in which an employer must provide accommodations to employees. It does, however, change the procedures in which employers need to apply when provided a request for accommodation. The law requires employers to engage in good faith in written or oral dialogue to discuss an employee’s needs. If the employer can’t satisfy the accommodation, then it is required to discuss the difficulties that the request would pose on the employer and to suggest potential alternatives that may meet the employee’s needs.
Further details can be found in the article below.
It’s a scenario you’ve likely experienced too many times to count. You’re sitting at your desk powering through a bunch of work and then, “Ding!” — you’ve been invited to yet another time-sucking meeting. And it’s safe to assume that your colleagues felt the same dread you did when that invite hit their inboxes. But America’s meeting-obsessed culture impacts more that just the workforce’s mood — it threatens employee productivity, employee morale and your company’s bottom line. In fact, businesses waste $37 billion annually on unnecessary meetings. So how can you tell if your organization is suffering from Meeting Mania, and what can you do to get things under control?
There are three telltale signs that your company is having too many meetings.
- Real discussion seems to only happen via meetings.
Not over email. Not on the phone. But meetings. No matter how large or small the issue, if the only time people in your organization can seem to address anything is in a calendar-blocked meeting, your people may be wasting a ton of time.
- Meetings don’t have an agenda.
So let’s get this straight — the person who called the meeting didn’t lay out a clear goal for the team? Yikes.
If a meeting is scheduled, the organizer should make it clear to everyone within the invite what they hope to accomplish, and what each participant needs to provide in order to make that happen. If the organizer can’t articulate the anticipated outcome, the meeting probably shouldn’t happen until they’re able to do that.
- Everyone and their mom is in the meeting.
When meetings include more than a few key players, chances are good that not everyone needs to be there. Smaller powwows that include only key stakeholders and subject matter experts tend to be the most productive because the conversation is focused — extraneous side chatter is eliminated.
There’s one (slightly controversial) thing you can do to minimize meeting overload: make all meetings optional.
We know, we know — that’s a bold step. And as the “meeting optional” policy becomes a new feature of your company’s culture, some of your top meeting organizers might feel a bit miffed. But the payoff is well worth it, as a few key things will happen to boost meeting productivity.
Pointless meetings will get canceled.
And this will happen because the organizer will have to admit to themselves that no one will come to their meeting if it is made optional, or people will simply stop showing up to meetings that don’t add value to their day.
Organizers will think long and hard before creating a meeting.
No one wants egg on their face from having scheduled a meeting that no one came to. It’d be like the work version of hosting a party and having no one show up except for the DJ. As a result, employees will find more efficient ways to get the answers they need from key stakeholders, and call official, larger meetings only when absolutely necessary.
Meetings will have agendas.
Because meetings are optional, organizers will need to convince invitees that this gathering is worth their while — that there’s an actual reason they should give up their time to attend. Thus, organizers will need to lay out some form of an agenda to get people in the room.
Give the “meetings optional” approach a shot. Once your employees get over the initial shock, the results might surprise you.
You likely performed a thorough background screening on your entire team during the pre-employment phase of their onboarding experience. And whether they’ve remained with you for one year or five years, it’s important that you work to keep yourself aware of any new information that may affect their ability to do their job, negatively impact the image of your company, or put other employees or customers in danger. Barring any legal guidelines that apply in your state or industry that prevent ongoing screening, here’s why you should consider incorporating background checks into your annual review of employees.
In the beginning of your employees’ tenure, you probably hired a star with absolutely no issues on their record. But, life happens, and there’s no way to guarantee that your people will always remain as upstanding as they were on day one. Depression and other negative events can prompt a whole host of problems, including substance abuse, gambling and other unseemly activities. So to protect your organization and everyone in it, make sure you stay on top of your employees’ life outside of work.
Some people know how to beat the system.
No matter how thorough your initial investigation into an employee’s background, there are always people out there who know how to finagle certain areas of their lives to conceal blemishes on their record. But if you implemented ongoing employee screening, you’d be able to weed out the dishonesty and address any personal issues before they balloon into organizational issues that hurt your business.
You’re promoting people.
When employees are promoted, that typically means that you’re entrusting them with more responsibility than they had in their previous role. And more responsibility sometimes means more access to sensitive company processes and data. It’s critical that you make sure that the people you’re elevating to higher positions within your organization can actually be trusted to take on those higher-level roles.
Your industry demands it.
Depending on what sector your company exists in, it may be imperative for you to continuously screen employees to ensure they’re a good fit to continue providing services. Security, finance, healthcare and other industries that deal with vulnerable populations are already required to periodically check in on the backgrounds of their employees. But other industries such as education and youth sports may want to consider performing more regular checks to ensure that everyone is kept safe — now and well into the future.
No matter your political or social leanings, immigration seems to be the hot-button issue that’s top-of-mind in our public discourse right now. And if you’re thinking about hiring foreign workers to supplement your current workforce, it’s likely an even more pressing issue for you. But don’t let the beltway chatter deter you. While there is a lot of red tape you’ll have to work through to bring in non-U.S. talent, our current immigration laws offer several viable options for hiring foreign employees. Regardless of which pathway to employment you choose, there are a few things you should keep in mind as you move forward.
Prepare yourself for a lengthy process.
One of the major drawbacks of sourcing specialized foreign talent is that your organization will have to prepare itself for a lengthy lead time. Depending on which immigration program your company decides to use, the process could take months or even years before the employee is able to start work. So implement your plan with the long game in mind — you won’t be able to decide that you need specific STEM skills this week and have that person at your doorstep within the next.
Help thwart recruitment issues with a written policy.
Newer immigration policies have made it tougher for companies to find and hire qualified foreign applicants, with more intense scrutiny being applied to the processing of H1-B visas. At the Council for Global Immigration’s 2017 Symposium, 63% of attendees said their companies had a written policy for recruiting and retaining foreign nationals. And having a defined set of guidelines can help companies appropriately engage the right parties to ensure that they cut through the red tape as painlessly as possible.
Decide which immigration program you’re going to use.
There are a number of ways to bring international employees to the United States, including H1-B Visa Sponsorship, National Interest Waiver and Student Exchange Programs. The pathway your company chooses will largely depend on the specifics of the situation. What role will they be fulfilling? Are they planning on becoming permanent citizens or simply working temporarily? Considerations such as these will drive your decision.
Perform a thorough background check.
Current U.S. immigration policy does a good job of ensuring that immigrant employees have been thoroughly vetted and are upstanding citizens. But depending on the specific requirements of your industry, more background information may be needed — including a full drug screening. Make sure to work with a qualified provider to maintain compliance with all laws that govern your business.