Human resources Archives • NexusCW

How do you distinguish between an Employee vs. Independent Contractor?

Every so often, I get the question from clients regarding proper classification of employee vs. independent contractor. Part of the reason why these questions are constantly being asked is that the exact definition of independent contractors vs. employees is not set in stone. Interpretation of laws and principals can provide a guide to employers in defining the business relationship between themselves and the candidate. As rule of thumb, I always use three sources when trying to answer these difficult questions. To define status of an independent contractor, I refer to common laws and principals adapted by federal government and the states, the Fair Labor Standards Act of 1938, and, finally, I take into account the decisions made by the courts. Especially in my home state of California, the third source of information gives me a road-map of what’s established as precedence from the courts… [Read More]

Generations in the Workplace

A new multi-generational workforce poses both challenges and opportunities for today’s employer. An increase in average retirement age and life expectancy have created an unprecedented five generations coexisting in the modern workforce, also known as the “5G Workforce.” Each generation brings to the workplace a different set of character traits, behavioral patterns and value systems. These differing perceptions and values are a potential source of conflict, frustration and misunderstanding. Unresolved conflict among employees decreases productivity, morale and motivation. Employers must understand generational differences and use this understanding to manage generational diversity. Once properly managed, an employer can capitalize on the unique strengths of this diverse workforce. Successful management of the 5G workforce begins with an understanding of not only the differences among generations, but the environment that shaped those differences. The five generations of the modern workforce include: • Traditionalists: Employees born 1945 and before… [Read More]

The Rise of the Gig Economy

With the rise of what is now known as the “gig economy,” the job market is changing. The gig economy is an environment in which short-term, temporary work is preferred to traditional employment. This contingent workforce is utilized for single projects or tasks, employee absences or field expertise. The benefits of this type of labor have been recognized by both employers and workers alike. For the worker, the gig economy offers flexibility and diversity not found in the traditional job market. Many short-term engagements, such as consulting “gigs,” do not have a firm work schedule. Workers have a newfound flexibility in completing these projects or tasks. This type of work also introduces the ability to diversify. A worker is no longer chained to one company and one position. Contingent workers have the option of career exploration. They can work for many different businesses across a… [Read More]

Employer of Record Services

Assuming the role of Employer of Record gives rise to a complex set of rights and responsibilities. To protect the rights of employees, labor laws and regulations impose numerous duties on an employer. These same rules also impose costly penalties for employers who breach these obligations. For this reason, the role of Employer of Record carries an inherent risk of liability. To mitigate this risk and maintain positive employee relations, an employer must have a clear understanding of the legal obligations involved. The Employer of Record assumes a wide range of administrative, legal and financial responsibilities. Processing payroll is a primary function of the employer. The Employer is responsible for compensating employees for services rendered. However, payroll entails much more than simply issuing a paycheck for wages earned. It involves maintaining strict compliance with wage and hour laws. An employer is also responsible for determining… [Read More]

5 Simple Steps to Writing an Effective Job Description

A job description is an essential tool to attract quality talent. By carefully tailoring the fundamental elements of a job description, you can effectively target the candidate pool you are seeking. Job Title In creating a job description, your first step is to give the position a job title. Although a job title may only be a few words, it plays a crucial role in the purpose of a job description. The job title is the gateway to the talent pool you seek. An effective job title should: reflect the nature and duties of the job indicate skill level in relation to other jobs within the company be consistent with industry standards and other similar jobs so that it can be accessed by online job seekers An example of a good job title is “Senior Nurse Recruiter.” A candidate understands that this is a position… [Read More]

Do you know the importance of reference checks when hiring new employees?

Do you know the importance of reference checks? Current statistics indicate that about 20% of employers do not check references for incoming employees. Of the 80% who do, the vast majority indicate that they have changed their mind on a potential employee from talking to their references? And an incredible 30% have caught fake references during this process. If you’re among the 20% of employers who don’t do references you may want to change your mind. 6 Ways to Get the Most Out of Your Reference Checks Ask the candidate for their help. It is in the candidate’s best interest to provide valid reference information during the interview process. Talk to them about their list. Ask how recently they’ve spoken to these individuals. Ask them if they have permission to contact them. If not, as the candidate to call them first and let them know… [Read More]

Hiring Challenges for your Office

As we approach the last quarter of 2014 it is good to evaluate where you are in your hiring plan and see what challenges you may face for the remainder of the year. Each region has specific needs and challenges so it is important to understand them in context. Here are several things to consider for the rest of 2014 and moving into the new year. Mobile Recruiting. Almost everyone today uses a smart phone or tablet device regularly. In fact, the number is over 91%. Many of these smart device users access the internet strictly through their mobile phones. 7 out of 10 job seekers are using their phones to search for jobs. Be sure to evaluate your mobile recruiting strategy to target these potential employees. Work with your web designer to ensure that your information is easy to access on a phone or… [Read More]

The Myths of Independent Contractor misclassification.

We are all aware of the potential financial penalties that Independent Contractor (IC) or contract worker misclassification can bring to a company, some have even experienced it. These misclassification can be particularly debilitating to a company’s bottom line, and thoughtful risk mitigation policies need to be established. Based on testimonials from our current clients, potential clients and industry veterans, a number of practices aimed at reducing misclassification risk have been implemented by well-intentioned organizations. Do they work? Well, not all of them, but some work very well. Others work only in combination, while some are simply myths. For a variety of reasons, these myths are embraced and can be difficult to dispel. Consulting with 1099 compliance professional can help, but before we get into that let’s meet the myths through the eyes of a hiring manager. Myth #1: Contractor is Incorporated Some view articles of… [Read More]

Long term strategy

In an interesting piece on Strategic Sourcing, that is, a specific plan of action regarding the procurement and hiring of top talent, a Talent Acquisition Manager poses the question: Who is better to Effect the Toughest Changes in Strategic Sourcing? Your Permanent Team or Third Party Contractors? (They deduce that the contractor/consultation model allows for greater opportunity for change within your organization by allowing for a fresh perspective and minimizing the personal and political hurdles that can stop an organization from moving away from the status quo. If we apply this same line of thinking to the larger context of Contingent Workforce Management, it may be time to ask: When is the last time your enterprise truly thought about the long term goals regarding your Contingent Workers? And are small steps being taken daily to effectively embrace that strategy? As we’ve already discussed, change is… [Read More]