Topic: hiring

NYC Bans “Unemployment” Discrimination – What Does This Actually Mean for Employers?

“New York City will soon become one of only a handful of jurisdictions prohibiting discrimination on the basis of ‘unemployment’ status and, in doing so, has adopted arguably the most stringent such law in the United States.” (Ogletree Deakins) Earlier this month, the New York City Council amended the city’s Human Rights Law to include… Read more »

Revised I-9 Form Must Be Implemented by May 7, 2013

“An employer’s Forms I-9 are subject to inspection by U.S. Immigration and Customs Enforcement, U.S. Office of Special Counsel and the U.S. Department of Labor to ensure compliance with various immigration, anti-discrimination, and wage and hour laws.” (Snell & Wilmer) On March 8, 2013, the United States Citizenship and Immigration Services (USCIS) announced that it… Read more »

5 Hiring Best Practices

The good news: business is booming, and you need to hire additional employees. The bad news: business is booming, and you need to hire additional employees… These five best practices may help. From lawyers and law firms on JD Supra: 1. Don’t make promises you can’t keep: “Do not use terms such as ‘guaranteed’ or… Read more »

Workplace Issues: Latest Need-to-Know Employment Law News

Employee social media use, overtime laws, worker classification rules, workplace discrimination, union bargaining, confidentiality, H1-B visas, noncompetes, and employee handbooks … but a few of the issues in this latest roundup of commentary and analysis from labor and employment attorneys on JD Supra. For your reference: The NLRB’s Year In Numbers: FY 2012 (Franczek Radelet… Read more »

Employers Must Update Background Check FCRA Forms by January 1, 2013

Businesses that use consumer credit reports and background checks to evaluate candidates and employees must begin using the Consumer Financial Protection Bureau’s new Summary of Rights form by January 1, 2013. The Fair Credit Reporting Act (FCRA) requires employers both to disclose their intent to request consumer reports, and to obtain authorization for doing so.… Read more »

Small Business Taxes: Five Ways to Prepare for Taxmageddon

The end of year is coming, and – if our representatives in Washington continue their shenanigans and political posturing at the edge of the fiscal cliff – it will bring major changes to small business tax laws. As a business owner what can you to protect your interests? Here are five considerations: 1. Convert your… Read more »

5 Tips for Navigating the Employee References Minefield

 True or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation. (Fisher &… Read more »

Filling a Vacancy? Your Best Candidate Might Be Less Qualified, Says Court

“Federal and state governments, and the plaintiff’s bar, have laid down a dangerous maze that every employer has to traverse to hire and retain employees in hopes of achieving success… In interviewing, hiring, employing, paying and severing an employee, there is a minefield employers need to negotiate. Things like Title VII, ADA, ADEA, FCRA, EPA,… Read more »

Workplace Discrimination Lawsuits: A Look Into The Future

Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle: “For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and… Read more »

Pennsylvania Enacts E-Verify Requirement for Public Contractors

Starting on January 1, 2013, Pennsylvania public contractors and subcontractors will have a bit more paperwork to complete when making new hires. That’s the date the state’s Public Works Employment Verification Act takes effect. For your reference, a Q&A on the new law:   What is E-Verify? “E-Verify is a free Internet-based system that is… Read more »

Recruiters Should Exercise Caution When Evaluating Social Media Activity of Job Candidates

There’s been a lot of discussion in recent months of employer access to the public and private social media activity of candidates and existing employees. Recruiters? Not so much. That’s troublesome, writes employment attorney Alexander Nemiroff: “Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that… Read more »

Transgender Employees Protected Against Workplace Discrimination, EEOC Rules

In a recent decision, the Equal Employment Opportunity Commission ruled that the Civil Rights Act protects transgendered employees from discrimination in the workplace. In its ruling, the EEOC said that Mia Macy, a transgendered woman, could proceed with a charge of gender identity discrimination against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Macy claims… Read more »

Lawyer: Asking for Facebook Password in Hiring Process Might Violate the Federal Stored Communications Act [Video]

The web is abuzz with news (and fairly unanimous outrage) that some employers are asking job candidates for their Facebook passwords, as a way to do proper due diligence on the folks they’re hiring. Make what you will of the practice, personally, there are certainly legal implications to it. Here’s a quick video analysis on… Read more »

Employment Background Checks: Legal Considerations

In a down economy where unemployment is a source of significant frustration to many, background checks are another cause of growing concern for job seekers. These checks often include a comprehensive review of finances, including bankruptcies, financial black marks, and other personal information that doesn’t seem necessary to determine an applicant’s ability to perform the… Read more »