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Hiring

Feel free to consider past discipline when rehiring staff you previously laid off

11/13/2018
When workers apply for other, open positions that they’re at least marginally qualified for, their past disciplinary history may be a good reason to not rehire them.

Choose the best candidate, don’t sweat liability

11/13/2018
When you have several excellent candidates for the same position, it can be difficult to pick which one should get the offer. As long as you document why you picked one of the qualified candidates over the others, chances are you won’t lose a lawsuit.

Midterms to affect employment law landscape

11/08/2018
Two years of Republican control of Washington ended Nov. 6 with Democrats seizing control of the House of Representatives. That gives Democrats some say on setting the legislative agenda, including employment law issues.

Job-seekers in driver’s seat in today’s sellers’ market

11/06/2018
Low unemployment and high demand for talent are feeding a recruiting environment where job-seekers and new employees are in control.

DOL want more information from employers using H-1B visa workers

11/06/2018
An updated Labor Condition Application form will require employers to provide more detailed information about H-1B worker employment conditions.

State amends pay equity law, clarifies salary history issues

10/31/2018
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales and the application of the law to existing employees.

Business necessity can justify criminal ban

10/29/2018
A number of convict-rights advocacy organizations have sued, alleging that some employers aren’t doing enough to prevent inadvertent discrimination on the basis of criminal histories. Fortunately, employers have a defense against such lawsuits.

Hiring: Opioid crisis collides with the ADA

10/18/2018
Among the scarce pool of workers who are applying for jobs, a fair number are recovering opioid users. That may mean employers face a higher likelihood of being sued because they don’t understand the ADA.

Canada moving aggressively to poach foreign tech talent

10/10/2018
As the Trump administration cracks down on the H1-B visas that bring thousands of high-tech workers to Silicon Valley each year, Canada is rolling out the welcome mat.

Document why you decided to hire candidate

10/03/2018
A simple truth: Any candidate who doesn’t get a job might sue, alleging some form of discrimination. It’s best to simply assume that, at some point, you will have to explain to a judge exactly why the applicant you picked was the best person for the job.