Two people in a professional setting, one holding a resume and pen, and the other with clasped hands resting on a table. Another resume is on the table with a clipboard, suggesting a job interview scenario.

Navigating the Legal Landscape of Hiring for Your Lawn Care Business

In our industry, Spring almost always means hiring for your lawn care business.  This is the candidates chance at a new job or career and our chance to find that worker we have always wanted.

I don’t miss those days. I have conducted more phone and in person interviews than I care to remember. I was saying “No, we don’t pay in cash, no we don’t pay daily, no you can’t start at 10 each day”. They were saying “I don’t have a drivers license, I have never worked outside, I don’t work weekends, I have to be able to vape”, you know the stories. And that is after they answered questions online that should have already filtered these people out.

Working with owners, I saw some pretty questionable hires that rarely worked out. If we follow some best practices and avoid some pitfalls, we can greatly increase our chances of getting a great new employee.

"Do’s" When hiring for your lawn care business

I suggest using an online hiring app like Indeed that lets you ask preliminary questions and doesn’t allow them to proceed if they don’t meet requirements. If they answer truthfully, then that will save you time. I suggest you ask questions related to experience and ability to do the job. For example: Do you have a current drivers license? Do you have at least 1 year experience?

If you are interested, do a phone interview first. This will save you a lot of time and you can ask for details about work experience and get a feel for how well they will fit in your organization.

After the phone interviews we would set up in-person interviews about 20 min apart. About half of the people didn’t show up. The ones that came were given a form to fill out and then we would ask them questions based on their answers.

We made sure they understood the work hours and days, the pay, the rules (no smoking while working), and other things they needed to know to decide on their side if they wanted to work for us. They had to sign a waiver for a drug test and background check including checking their driving record.

Keep all paperwork that applicates filled out. If you are ever accused of descriminating against any groups of people, you will be abe to show you interviewed a variety of people.

For people that were going to be fertilization and weed control techs, we gave them a test that covered turf ID, weed ID, and product calculations.We found out at the point many times the person really didn’t have any knowledge of that type of lawn care despite claiming experience.

You may not want to do this, but we had the final candidates come back a second time to offer them a job. If they will come in twice, they were serious about getting the job.

If your state allows background checks after conditional job offers, I sugges you always do a basic check to verify any information they may have given you. If the employee will be driving a company vehicle, it is important to check their driving record and how it will affect your insurance rate.

I know a business that hired a manager to run the operation.  Sent him to training and put his name on accounts. Then the owner  realized that their insurance had gone up several thousand dollars. The new manger had 4 DUI’s and skyrocketed their insurance. Someone should have checked before hiring him.

Don’t

We have already covered some “don’ts” with the “do’s” but there are legal aspects to consider. Here are some examples of questions you might ask just being friendly or trying to get to know the person better. When hiring for you lawn care business, be sure you or whoever you have doing interviews knows the rules. 

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The following outlines permissible and impermissible questions, tailored for your lawn care business:

Availability & Scheduling:

  • Do: "What days and times are you available to work? Are there any shifts or days you absolutely cannot work?" "Do you have any commitments (childcare, other jobs) that might affect your availability?" This approach focuses on practical scheduling needs without delving into protected characteristics. Ask all candidates these questions consistently.
  • Don't: "Are you available to work weekends?" (could imply religious discrimination), or "Do you have childcare responsibilities?" (could discriminate against parents).

Address & Transportation:

  • Do: "What is your current address? How long have you lived there?" "Do you have reliable transportation to reach various job sites?" (This is crucial for field positions).
  • Don't: "Do you own your home?" or "Who do you live with?" (irrelevant and potentially discriminatory).

Background & Experience:

  • Do: "Describe your experience with lawn care equipment (mowers, blowers, etc.)." (for field workers) "Describe your experience in sales, customer service, or office administration." (for office/sales positions). Focus on skills and experience directly relevant to the job.
  • Don't: Ask about arrests or convictions unless the job involves handling significant amounts of cash or requires a high level of security clearance (and even then, consult legal counsel). Never ask about credit history.

Education & Skills:

  • Do: "Do you have a high school diploma or equivalent?" (only if a requirement). "What relevant skills or certifications do you possess?"
  • Don't: "What year did you graduate high school?" (age discrimination).

Physical Capabilities (for Field Positions ONLY):

  • Do: Before the interview, clearly define the physical demands of the job (lifting heavy objects, prolonged standing, etc.). During the interview, you may ask if the candidate can perform these essential functions. Focus on capabilities, not disabilities.
  • Don't: Directly ask about disabilities.

References:

  • Do: "Can you provide contact information for three professional references?"
  • Don't: Ask for personal references.

Compensation:

  • Do: "What are your salary expectations?" (be aware of state laws regarding salary history questions; some jurisdictions prohibit asking about prior salaries).
  • Don't: Ask about financial status (homeownership, car ownership, etc.).
Addressing Sensitive Topics:
  • Religious Observance: Address scheduling concerns indirectly by focusing on general availability.
  • Childcare: Focus on availability rather than directly inquiring about childcare arrangements.
  • Race, Color, National Origin, Gender, Age, etc.: Never ask questions directly or indirectly related to these protected characteristics.
Important Considerations:
  • Consistency: Ask every candidate the same questions. Inconsistency can lead to claims of discrimination.
  • Job-Relatedness: Only ask questions directly related to the job's essential functions.
  • Legal Counsel: Consult with legal counsel if you have any doubts about the legality of a question. This is particularly important for questions concerning background checks and security clearances.
Prohibited Questions & Better Alternatives:
  • Prohibited: "Are you married?" or "Do you have children?" These are irrelevant to job performance and can lead to discrimination claims.
    • Alternative: Focus on availability and scheduling needs. Ask questions like: "What are your commitments outside of work that might affect your availability?" or "Are there any times or days you are unavailable to work?" Ensure all candidates are asked these questions consistently.
  • Prohibited: "Have you ever filed a worker's compensation claim?" This can lead to candidates being unfairly excluded due to past injuries or perceived risk.
    • Alternative: Focus on the candidate's ability to perform the essential job functions. Assess physical capabilities by directly asking if they can perform specific job tasks. For instance, "This job requires lifting up to 50 pounds occasionally. Can you perform this task without any limitations?" or "The job will require working outdoors in varying weather conditions. Are you comfortable doing that?"
  • Prohibited: "Have you ever been arrested or convicted of a felony?" (Unless the job involves high levels of security clearance or handling substantial amounts of cash. Even then, consult legal counsel.) This is highly sensitive and can lead to discrimination based on past criminal records. Many states have laws about this.
    • Alternative: If legally permissible and the job requires a high level of security clearance or handling significant sums of money, a background check may be conducted after a conditional job offer, but always ensure compliance with all applicable laws and regulations. Never make hiring decisions solely on the basis of a criminal record.
  • Prohibited: "Do you smoke?" This is an invasion of privacy and irrelevant to job performance. In some jurisdictions this may be prohibited.
    • Alternative: Do not ask. Focus on job-related factors.
  • Prohibited: "What is your native language?" or questions that imply or ask about national origin.
    • Alternative: Ask if the candidate is legally authorized to work in the country. Language skills can only be inquired about if directly relevant to a specific job function (e.g., a bilingual customer service representative).
  • Prohibited: Questions about religious beliefs or practices.
    • Alternative: Again, focus on availability and scheduling needs in a neutral way. The candidate's religious beliefs are not relevant to a lawn care job.
  • Prohibited: Questions related to height, weight, or other physical characteristics unless directly and demonstrably job-related. You would need to show that certain measurements are essential to performing the job safely and efficiently.
    • Alternative: Instead, focus on the candidate's ability to perform the essential functions of the job, as outlined in the job description.

By avoiding these prohibited questions and utilizing the suggested alternatives, you can conduct legally sound and fair interviews for your lawn care business. Remember that consistency in your questioning methods is essential to prevent any perception of discrimination.

By carefully crafting your interview questions and focusing on job-related skills and experience, you can build a strong team while staying compliant with employment laws. Remember, proactive compliance is the best way to protect your business.

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