New Hire paperwok

We are manufacturing company. Once an employee accepts and offer we send them to drug test and they will fill out new hire paperwork the same day. We also ask them to read the Policy and Procedures and go over them the same day. Then they will start the next day to work at 5am. That next day they have the safety train.
Here is the question. We do not pay for the day they have the drug test done,they fill out new hire paperwork or go over teh policy and procedure manual. Do you see a problem with this? I have worked for companies that handle this in diffent ways. The reason we do it this way for the manufacturing side is because they start at 4am-5am and HR is not here. For the office we have them do all of it their first day.

Any comments or suggestions.

Thanks

Comments

  • 16 Comments sorted by Votes Date Added
  • I'm not quite sure what (if anything) the law says, but I can tell you what I do. My first shift production starts at 6 AM but I don't get in until 9. (We don't do drug testing, so I can't address that, by the way.) I do a complete orientation usually on the first day, but within a couple of days of hire which includes going over policies, the safety manual, etc. I frequently begin it after their first break (9:45) or after lunch, so I don't take them away from the middle of something.

    From my standpoint, it's as important that they know the safety procedures, but your employees are waiting a day for that, when they're on the clock. If it were me, I would either pay them for the orientation time and have them start production the next day, or delay the orientation until they're on the clock.

    Hopefully you'll get some other advice, too, to give you an idea of what others are doing . . .
  • Well, I would definitely not pay for the time they are taking the drug test. The rest of it I wouldn't even do until I know they have passed the drug test, which in our case is the next day.
  • We do not pay for the drug test, either. Regarding the other procedures, I would recommend paying them for their time completing this process. Since you aren't in when the shift starts that first day, going through the new hire paperwork prior to their official start day makes sense but, again, pay them for their time.

    We are manufacturing as well and when I have a new employee starting, I make sure to be in early enough to get their paperwork completed before they begin work.
  • I would first state to the employee that you are extending a "provisional offer of employment" based upon the sucessful passage of a drug screen. If the results come back negative, then they can assume employment. I would not pay for the time spent in the drug screen as it would be considered part of the application process, and you do not want someone considered as an employee untill they have passed the drug screen (for many obvious reasons). If you pay them, then they would almost alway be considered an employee of your organization. I would have them complete your paperwork the same time they are scheduled to complete your safety orientation, AFTER they have come up clean on the drug screen.
  • When an employee accepts a position with us we send them them a letter of hire, along with a new hire packet. We ask them to complete the new hire packet as much as they can and then make an appointment with the HR Assistant to go over their paperwork prior to their start date. They are also advised the identification, etc. they are obliged to present when they come in for their appointment.

    We do not pay for the time they come in prior to their start date. We also have new employee orientation once a month for all new hires during that month. This is a mandatory thing and they are paid for time they spend in this.

    Sending the new hire paperwork prior to hire date cuts down on time spent in the office. It takes only a few minutes to go over paperwork to make sure it is properly completed vs. at least an hour waiting for them to fill out each piece of paper, fumble around for the identification, etc.
  • [font size="1" color="#FF0000"]LAST EDITED ON 05-17-06 AT 08:53AM (CST)[/font][br][br]I work for a beer distributor. We do not make an offer of employment until AFTER we have done a background check and received a negative drug test. The applicant is sent to LabCorp on his or her own time after the second interview.

    We USED to have the new hire come in BEFORE their start date for orientation and not pay them for that hour and a half to two hours. Palmer and Kay did an "internal HR audit" for me and advised NOT to do that unless we compensated the person.

    Now, we do orientaion on the first date of hire. Although our drivers leave the plant around 5:30-6am, the new hire starts with me at 8:30. We go through the handbook and benefits then they are sent to the Training and Development Manager to go through the training manual and discuss safety and accident/injury prevention for the rest of the day.

  • Leo,
    You may want to re-think your practice of waiting to give an offer until after the drug screen..That MAY run contrary to the ADA because individuals tested for drugs must disclose any medications they are on before the drug screen. This allows the MRO to properly evaluate the results, knowing which medications may be influencing either positive or negative results. By requiring disclosure of medications before an offer is presented might be problematic for you. Consider just making a provisional offer of employment, contingent upon the sucessful passage of the drug test.
  • I don't think that applies because of the way the situation is handled. You all tell me what you think.
    We send Jimmy Jamm to take his pre-employ drug test. He goes to Lab Corp and does his business. He is not asked if he is currently taking any medications. If the test comes back positive, I am not notified at this point. The MRO calls Jimmy to advise him his test came back positive for xyz. Jimmy tells him is has a prescription for whatever medication. He will then fax the rx to the MRO. Once the MRO does whatever verification he needs to do, I am notified of a negative test. That is all I am advised of....the test was negative.

  • My question is why don't you give them the conditional offer? If they pass the drug test and background, why wouldn't you hire them?

    PS, Do you distribute Bavaria beer?
  • (Sorry to highjack this thread, but hopefully this will help some also.)

    We used to but in my Virginia Law Letter from July 2005, it states:

    "Make sure that you have completed all steps in your hiring process except the medical exam before making a conditional offer of employement to an applicant. Don't make the mistake, explicitly or in practice, of conditioning your offer of employment on both a medical exam and a background check. Criminal background and other such checks must be completed before a conditional offer of employment is extended to enable you to properly move to the last stage of the hiring process, in which you can leagally conduct a full medical examination."



  • Don't make the mistake,
    >explicitly or in practice, of conditioning your
    >offer of employment on both a medical exam and a
    >background check.

    How can you avoid making the mistake "in practice"? If I hire everyone that passes the drug screen and has a clean background screen aren't I doing that? Should I not hire someone every once in a while so I don't make it "a practice"?

    Anyway, it's been a while since I've even personally hired someone, so I could use some refreshing. But, why would I want to spend the money to do a background screen on someone I'm not ready to hire. If I'm ready to hire them, why don't I tell them?

  • I fail to understand the logic behind the statement in the Virginia Law Leter. What is the legal ramifications of conditioning a job offer on a sucessful drug screen or the results of a criminal background check??? I understand the prohibition on pre-offer medical examinations (which most courts do not include drug screens as medical exams), but why would they make the claim that conditional offers of employment contingent on passing a drug screen are a legal faux pau (excuse my French)
  • Johana
    I think everyone has answered this... you don't need to pay them for time taken for drug screen and/or physicial, but I would pay them for any time spent completing "new hire" paperwork (I-9, taxes, etc.) By the way, how can you have them complete I-9's if they aren't hired yet. These have to be completed on their first day with the company.
    I don't see any problem with "getting them" during the day of their first day, if you don't want to get to work early on that day. Or, if you want to make sure they get done first thing (which I don't know why they have to be) just spend a few minutes training your supv. on what needs to be completed and leave the forms with him. Then whomever does the "orientation" can do it in their own schedule/time. If the forms aren't complete, you can deal with this when you get to work.
    Also, as far as drug screen, we have been advised for years, you MUST make a "tentative" job offer BEFORE you request they go for drug screen. Otherwise, you cannot send them. I don't remember which law this is. All you do is make them this conditional offer, if the drug screen comes back negative, fine they are yours, if non negative, then you let them know that they are not employable. (They should already know since the MRO has been in contact with them.) Also, I don't know how you get your drug screen results back so fas that they come in the next day? I would have the results BEFORE you allow them to come to work. Otherwise, they are an employee and if it is non-negative, you should handle them like an employee and they could be provided different "benefits'.

    E Wart

  • >Also, as far as drug screen, we have been
    >advised for years, you MUST make a "tentative"
    >job offer BEFORE you request they go for drug
    >screen. Otherwise, you cannot send them. I
    >don't remember which law this is.

    Could anyone help with which law Ellen is referring to.
    Thanks!



  • I asked that same question a while back and no one seemed to know. I did a little research and here is what I came up with for our supervisors and managers:

    "While there is no law that explicitly says we can’t drug test before extending an offer to a candidate, it would be a VERY costly practice for our company to venture into. Basically, the drug test is a medical examination, and we must avoid obtaining any medical information regarding a candidate prior to hire. Medical information is a privacy issue and is protected both by HIPAA laws ([url]http://www.hhs.gov/ocr/hipaa/[/url]) and the ADA ([url]http://www.usdoj.gov/crt/ada/[/url]).



    Therefore, once we send a candidate for a drug test, that means we are requesting medical information we should ONLY have if they are considered our employee, i.e., we have offered them the job. This does not mean we have to let anyone start work before we receive the results of the drug test. We may terminate that offer if their test comes back positive for illegal drugs."

    Hope this helps.


  • Good for you, Open, xclap and THANKS for sharing that!!! xhugs
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