Question: We would like to add a working interview to our selection process. Is this permitted and are there other options to help us finalize our selection?

Answer: Yes, you can have a working interview as part of your selection process, but there’s a big caveat. If you have the candidate do “real work” that is useful to your business, you’ll need to hire them as a temporary employee, have them complete new hire paperwork, pay them at least the minimum wage, and then jump through any termination hoops if you don’t hire them. You can’t lawfully classify them as an independent contractor for this purpose. Here are a few more things keep in mind:

• It will likely be most convenient for you to write a check to the candidate at the end of the working interview. But if not, make sure they get paid within the time frame required by your state’s final pay laws.
• If a candidate is injured during the working interview, you may be liable for a workers’ compensation claim.
• You’ll want to be clear with the candidate that the working interview is not an offer of employment. When the work is completed, give them a timeline for when they can expect to hear back from you.

If you’d prefer to avoid the hassle of hiring candidates as temporary employees, there are alternatives that can yield similar results. Here are two we recommend:

• Test candidates’ skills by assigning them a task to complete. This task should be something that can be completed quickly and that doesn’t benefit the organization—it shouldn’t be work that needs to get done. For example, you could have them process part of last week’s (redacted) payroll or have them write a particular type of client communication that has already been sent.
• Allow candidates to observe a current employee doing the job for an extended period. Job shadowing shows candidates what to expect in the role and what sorts of tasks they’d be expected to perform. This will help them gauge their likelihood of success in the role.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

Question: What can we do to reduce turnover and retain employees?

Answer: High turnover can quickly become costly. We recommend the following practices to increase retention:

• Pick the right people in the first place. Put thought and care into your recruitment and interview procedures. The more time you and other employees can spend with candidates, the more certain you’ll be that they believe in your mission, understand the challenges of the position, and want to contribute to your success.
• Make sure your compensation and benefits remain competitive. This is a tall order and may squeeze your bottom line in ways that make you uncomfortable, but it’s necessary if retention is at the top of your priority list. Make it a goal to do a yearly analysis of your total compensation package to ensure it’s at least keeping up with the market. Many employers that know they can’t offer competitive pay instead offer other compelling benefits, like generous paid time off and the ability to work from home.
• Provide your employees with opportunities for professional growth. Talk to them about their career goals, develop and share career paths for their roles, and offer training and educational programs for those interested.
• Be appreciative. A little gratitude can go a long way, and you can show it in multiple ways—from flexibility when employees need it to a willingness to hear out ideas to employee appreciation programs. Even a simple thank you can work wonders.
• Investigate why people are leaving and look for themes. Engagement surveys, stay interviews, and exit interviews are useful tools for gauging employee satisfaction and understanding common pain points and frustrations.
• Create an environment people enjoy, one that encourages healthy boundaries between work and personal time, roots out any bias, discrimination, or toxic behaviors, and facilitates opportunities for employees to socialize and form friendships.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.

Question: We’ve been both super busy and understaffed recently. Is there anything we can do during this time to help our employees avoid extra stress or burnout before we can hire more employees?

Answer:  Yes. Here are a few things you can do to make this time run as smoothly and stress-free as possible:

Remove nonessential work duties: For the positions that seem most stretched, make a list of tasks that could be put on hold (or perhaps reassigned). You can invite input from employees, too, but I’d recommend acknowledging that they’re overwhelmed and saying that you’ll do your best to alleviate some of the pressure. Then hold off on nonessential tasks until business slows down or you’ve increased your headcount.

Allow for flexible scheduling: If employees need to work longer hours on some days during the week, consider allowing them to work fewer hours on other days of the week. Note that some states have daily overtime, spread-of-hours, or split-shift laws.

Budget for overtime: Employees may need to work extra hours to keep up with the current demands of their job, so allow them to work overtime if you (and they) can swing it. If you’re pretty sure overtime will be necessary, inform employees of that ahead of time, so they can plan accordingly.

Ensure all equipment is fast and reliable: It’s important to identify, troubleshoot, and correct any slow or nonworking equipment issues (such as laptops, internet hardware, cash registers, or vehicles). If not resolved, these issues can slow down work and add to everyone’s stress.

Look for ways to automate: Consider whether any of your employees’ manual and time-consuming tasks could be eliminated or simplified with the use of new or different technology.

Increase safety protocols: Employee absences related to COVID have created a significant strain for many employers during the pandemic. Shoring up your safety protocols may reduce the risk of COVID-related absences because of sickness or exposure. Depending on your circumstances, examples include improving ventilation, encouraging or requiring vaccination, requiring employees to wear masks, and allowing employees to work remotely when possible.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 350+ on-demand training courses, an extensive compliance library, and more.

Question: If business is slow, can we send employees home early?

Answer:  Yes, you can send employees home early due to a lack of work. Exempt employees under the Fair Labor Standards Act (not entitled to overtime) would need to be paid their entire salary for the day. Nonexempt employees (those eligible for overtime) would generally only need to be paid for actual hours worked.  

However, if you operate in California, Connecticut, D.C., New Hampshire, New Jersey, New York, Massachusetts, Oregon (minors only), or Rhode Island, you should check your state’s reporting time pay requirements. Employees may be entitled to reporting time pay for a certain number of hours even if they just showed up and did no actual work. This is intended to lessen wage loss that is not the fault of the employee, as well as encourage employers to not over-schedule, since it causes employees to waste time and resources getting to work.

This Q&A does not constitute legal advice and does not address state or local law.

This Q&A was provided by Mineral, powering the UST HR Workplace. Have HR questions? Sign your nonprofit up for a FREE 60-day trial here. As a UST member, simply log into your Mineral portal to access live HR certified consultants, 300+ on-demand training courses, an extensive compliance library, and more.