William Kubicek, Martin Snyder, and Mic Harris of Main Sequence will be attending the NAPS Conference in Houston. They will be found from time to time staffing booth #2 at the event; if you are attending, Bill, Marty, or Mic would be pleased to provide an in-person demonstration of PCRecruiter9 or discuss any aspect of your recruiting software needs. Serving the professional and business development needs of the search and staffing community for more than five decades, NAPS has been a force in establishing the highest standards of ethics and performance for recruiters and staffing operations people. More information about the event can be found at http://www.naps360.org/?page=Details
On July 14th, the EEOC issued the first update to its pregnancy discrimination guidelines in 30 years. In the the Enforcement Guidance released on the EEOC Website, the comission addressed how the requirements of the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA) as amended in 2008 should be applied individuals who have pregnancy-related disabilities. The commission posted a Q&A document and Fact Sheet.
Among other issues, the guidance discussed:
- The fact that the PDA covers not only current pregnancy, but discrimination based on past pregnancy and a woman's potential to become pregnant;
- Lactation as a covered pregnancy-related medical condition;
- The circumstances under which employers may have to provide light duty for pregnant workers;
- Issues related to leave for pregnancy and for medical conditions related to pregnancy;
- The PDA's prohibition against requiring pregnant workers who are able to do their jobs to take leave;
- The requirement that parental leave (which is distinct from medical leave associated with childbearing or recovering from childbirth) be provided to similarly situated men and women on the same terms;
- When employers may have to provide reasonable accommodations for workers with pregnancy-related impairments under the ADA and the types of accommodations that may be necessary; and
- Best practices for employers to avoid unlawful discrimination against pregnant workers.
For more information, visit http://www.eeoc.gov/laws/types/pregnancy_guidance.cfm
EEO data collection and reporting functions are standard with PCRecruiter. Anyone wishing to collect and track EEO data in their recruitment process can seek information or a demonstration by contacting their PCRecruiter representative.
The Canadian Anti Spam Law (CASL), which was designed to stop spam from being sent to Canadians, goes into effect July 1, 2014. Many people remain unfamiliar with the law, even within Canada, despite its serious potential impact for any business that sends commercial email to Canadian recipients. So what is this law and how does it affect recruiters, staffing agencies, and HR sourcing pros?
WHAT does CASL apply to?
In short, any email, text, or direct social networking message that actively or passively promotes your services or your current job openings could be placed into the category of communications affected by this law.
- CASL applies to any "Commercial Electronic Message" (CEM). A CEM is defined as any electronic message (emails, texts, some social media messages) that contains a message which encourages the recipient to take part in some type of commercial activity. This includes e-newsletters that contain a link to a sponsor's website, client satisfaction surveys, mass emails providing general information about your business or organization, etc. It also covers emails requesting consent to send future emails.
- There are exemptions from the rule for certain types of messages. For example, you are allowed to send a single CEM to someone without prior consent based on a referral, as long as the full name of the person making the referral is disclosed in the message.
WHO does CASL apply to?
The law is very broad, applying to all CEMs sent to anyone in Canada or by anyone in Canada.
- CASL stipulates that Commercial Electronic Messages cannot be sent TO or FROM anyone in Canada without express prior consent. Even if your company is outside of Canada, any emails sent to Canadian jobseekers, partners, or clients fall under the stipulations of the law. Although it may prove difficult to prosecute violators outside of Canada, the the Canadian Radio-television and Telecommunications Commission (CRTC) has stated that it will work with the Federal Trade Commission (FTC) in the US, and other regulatory commissions to enforce this law.
- There are exemptions from the "express consent" rule for limited periods of time and under certain "implied consent" circumstances. Implied consent includes recipients who have made a purchase or your product or service, made a business deal, contract, or membership with your organization in the past 24 months. Implied consent also includes a 6-month period following an application or inquiry. If you haven't gotten express consent to continue sending CEMs within the implied consent period, you are required to stop sending CEMs at the end of the 6-month or 24-month time frame.
WHAT are the penalties for violating CASL?
Unlike other anti-spam rules (such as the USA's 'CAN-SPAM' law) Canada's anti-spam law has been given very large, sharp teeth.
- The maximum administrative penalty for a violation by a business is $10 million, and directors and officers may be personally liable for their company's violations.
- Individuals can be fined up to $1 Million.
- Up until June 30, 2017, the penalties will be administrative only. After July 1, 2017, the law allows individual suits against violators. Receivers of illegal messages can sue for $200 per individual transgression up to $1 Million per day. Additional penalties may be levied for altering transmission data and other violations.
HOW can I comply with CASL?
Some of the stipulations for complying with CASL are the same as those for complying with the US CAN-SPAM law. Make sure that your emails include the following:
- Your name (or the name by which you conduct business if different) in your messages.
- Your physical mailing address plus either a telephone number, web address, or email address in your messages.
- A link to a method of unsubscribing from future messages which takes effect within 10 days.
In addition to the above, but differing from CAN-SPAM:
- Recipients must give express consent to receive your messages. This consent can be oral or written, although written consent is clearly better should questions arise.
- You must retain a record of your consent confirmations.
- Methods for collecting consent via a form must be clear and affirmative. The person opting in must check a box or perform some other action which is clearly marked with a description of its purpose. Asking the person to un-check a pre-checked box is not allowed.
HOW can PCRecruiter help me comply?
Although PCRecruiter has offered "unsubscribe" tracking for many years, the new CASL law has generated changes in how email is handled. The next system update will include an 'opt-in / opt-out' function which can be used in form letters, custom forms, email signatures, and job board links. The system will also include methods for tracking the 6-month and 24-month 'implicit' permission allowed under the law. The system will apply these settings automatically when sending email communications. PCRecruiter also gains new options for adding and removing multiple email addresses from the opt-in/out lists, as well as capabilities for exporting and importing email addresses in CSV format.
If you send email to anyone in Canada, or you operate business in Canada, you will want to become familiar with this new law and make sure that your electronic communications comply with it. This information is not intended as an offering of legal advice; please consult with your applicable legal authority regarding the CASL or any other compliance activities that you may undertake.
If you desire assistance with implementing features in PCRecruiter, please contact your Main Sequence representative.
Our friends at Software Advice have analyzed the new Inc., Magazine "Inc. 5000." list and have compared it with the 2008 listing. Their conclusion is that the "HR ecosystem" has grown and changed, consolidating, gaining employees and generating more revenue than five years ago. We'd like to think PCRecruiter has something to do with that, naturally.
For complete details, check out their study at http://www.softwareadvice.com/hr/industryview/hr-ecosystem/
The results of the Software Advice 2013 Recruiting Channels Survey, sponsored in part by PCRecruiter, are in! Here's what they've found:
- Current Use of Recruiting Channels: 97 percent of participating recruiters said they have used employee referrals to source new hires in 2013. Traditional job boards and company careers pages came in at number two and three respectively. Social media was a close fourth, with 80 percent of recruiters saying they have used these channels to source hires.
- Channels Delivering the Highest Volume of Candidates: The channel delivering the most candidates into recruiters’ inboxes was still traditional job boards, while employee referrals came in second. Social media came in at a strong third.
- Channels Delivering the Highest Quality of Candidates: While traditional job boards delivered the highest volume of candidates for recruiters, employee referrals still deliver (by far) the best candidates for open positions. However, more respondents said social media delivered higher quality candidates than traditional job boards.
- Projected Use and Budget for Each Channel in 2013: Although traditional job boards, employee referrals and company careers pages were the top three most used channels, recruiters plan to invest more in social media in 2013.
- Conclusion: The data would seem to support the hypothesis that social media recruiting is only going to increase in the coming years, but only time will tell.
For the complete results, check out Software Advice's slideshare here: http://www.slideshare.net/SoftwareAdvice/2013-23205044