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Hiring

Whether paper or electronic, make sure job applications are legal

06/04/2008
The days of the paper job application may be fading away, but whatever takes the place of paper applications better measure up the same way. Specifically, employers have to understand that online applications can hold more legal land mines than hard copy applications ever did …

Job background check must comply with Fair Credit Reporting Act

06/04/2008

The Fair Credit Reporting Act regulates how your company performs a job background check on applicants. Contrary to popular belief, this federal law doesn’t just cover credit checks. It covers any background report, such as driving records and criminal histories obtained from a “consumer reporting agency.”

Requiring fees from applicants

06/03/2008
Q. We have a problem with applicants who pass the pre-hiring process but then decide for some reason that they don’t want the job after all. By the time we learn this, we have already spent time and money on drug tests and orientation, and turned down other applicants. Can we require applicants to submit fees to apply, which we will refund if we don’t hire them, or if they remain employed for a minimum period of time? …

Jabs, threats fly over representative’s ‘Peasant’ remarks

06/03/2008
Colorado farmers are no closer to a solution to their labor shortage after a debate on the House floor over a bill that would help bring in Mexican migrant workers through temporary visas. Whatever headway was being made on the issue stopped short when Rep. Douglas Bruce opined, “I don’t think we need 5,000 more illiterate peasants in Colorado” …

NLRB issues guidelines for investigating union ‘Salting’ claims

05/30/2008
In February 2008, the National Labor Relations Board’s Office of General Counsel issued two guideline memoranda outlining the board’s rationale in two recent decisions concerning “union salting.” Salting is a strategy in which union supporters apply for employment in a nonunion workplace. The goal is to unionize that company’s work force …

‘Just the facts’ answer is key to avoiding reference trouble

05/30/2008
One of the quickest ways to get into reference trouble is to agree to provide information on a former employee and then offer up incorrect or misleading statements. Giving a favorable reference on a former employee who performed (or behaved) poorly can be extremely risky …

El Paso commissioners withdraw support for immigration raids

05/30/2008
On May 5, El Paso County officials adopted a resolution calling for an end to workplace immigration raids until Congress passes comprehensive immigration reform legislation. The “Rights and Justice for Immigrant Workers” resolution calls for eliminating employer sanctions and no-match letters …

Training tests may provide important screening opportunities

05/30/2008
Do your new hires have to complete a comprehensive training and testing program before they’re allowed to start work? If you can show your tests are valid and necessary (and they don’t disproportionately screen out any particular protected class), chances are a new employee who alleges discrimination because you didn’t keep him won’t get far with a lawsuit …

Hiring bias costs Dallas defense contractor $1.5 million

05/30/2008
Defense contractor Vought Aircraft recently agreed to pay $1.5 million to settle a discrimination lawsuit brought by more than 1,000 job applicants. The settlement comes as a result of charges brought by the DOL that the aircraft parts manufacturer discriminated against minorities and women in hiring …

Contractor or employee? FedEx enters Round 2

05/27/2008
Continuing a case that has spanned the country, lawyers for approximately 25,000 FedEx Ground/Home Delivery workers who are challenging their classification as independent contractors have filed for summary judgment in federal district court in South Bend …