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Hiring

Implement clear process for requesting promotion

06/01/2011

Employees who don’t apply for a job or promotion generally can’t sue over the lost opportunity. But if promotions are never announced and there’s no process to apply, employees and applicants can sue. That’s why it is crucial to have some sort of application process in place that allows you to track applications and prove who applied—and by default, who did not.

Top 7 reasons why the wrong people get hired

06/01/2011
Nobody ever sets out to make a bad hire. But it happens, even to the best hiring managers. From managers’ inadequate preparation to misguided hiring criteria to misreading applicants’ credentials, here are the seven biggest reasons for hiring decisions that bomb.

Supreme Court upholds mandatory E-Verify in Arizona case

05/31/2011
The U.S. Supreme Court last week upheld an Arizona law that requires employers in that state to use the federal government’s E-Verify electronic employment eligibility verification system. Other states are already lining up to require their employers to use E-Verify, too, joining 11 states that already do. It’s time to learn how to use the government’s online tool.

Bias against unemployed now illegal in New Jersey

05/27/2011
Gov. Chris Christie has signed a bill barring discrimination against the unemployed, making it illegal for New Jersey employers to refuse to hire applicants just because they are not currently working. Violators face fines of up to $1,000 for a first offense and $5,000 for subsequent offenses.

OK to consider stable work history when hiring

05/27/2011
A lot of factors go into hiring the best possible candidate for a job, including experience, education and employment stability. Those are all legitimate reasons to prefer one candidate over another.

Philadelphia limits questions on criminal records

05/27/2011
Effective July 12, 2011, Philadelphia employers with 10 or more employees will be limited in their ability to inquire about job applicants’ criminal records. Under the Fair Criminal Record Screening Standards Ordinance, employers must treat inquiries into criminal convictions much the same way they must treat inquiries into an applicant’s disability under the ADA.

Age bias requires showing substantial age difference

05/27/2011
The ADEA protects workers age 40 or older from discrimination based on their age. But winning an ADEA case doesn’t require an employee to prove that the employer gave preferential treatment to someone younger than 40. She just has to show that the favored employee was “substantially” younger than the older employee.

Tales from the front lines …

05/27/2011
Mexican food is great, but is it art? A cook sued his former em­­ployer, a Mexican restaurant, for un­­paid overtime. The owners put forth a creative defense: that the cook was exempt from the FLSA overtime requirements because he was a “creative professional.”

Can you ask applicants to ‘audition’ via voice-mail?

05/24/2011
It’s a hot hiring trend for sales positions and other jobs that call for great verbal skills: Asking job applicants to leave a voice-mail message in which they make their best pitch. Advocates say it’s an effective way to tell right away who has potential — and quickly weed out duds. But is it legal?

McDonald’s event sought 50,000 new hires in 1 day

05/24/2011
Fast-food mega-giant McDonald’s wanted to hire 50,000 employees in April—so it hosted a national, one-day “event” at which franchise managers all over the country met and interviewed candidates. The massive onboarding will increase employment by 7% at the company and its 14,000 restaurants nationwide.