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Hiring

References, Background Checks

02/01/2007

HR Law 101: Make it your policy never to hire a candidate without a reference/background check. Your organization could be held liable for “negligent hiring” or “failure to warn” should the employee turn violent on the job. If the employee’s past history would have revealed a problem but you didn’t spot it because you didn’t check, the courts will say you “should have known.” Your firm not only might have to pay damages but also would suffer a loss of reputation …    
 

 

‘Gift of time’ benefits: Nice perk, but consider safety, too

02/01/2007

To thank employees for working 10-hour days during the busy tax season, RSM McGladrey gives them back some of their time: four hours of it, to be exact …

Texas law on background checks for minors

02/01/2007

Q. We do background checks on all applicants. I know the Fair Credit Reporting Act says we have to get the applicant’s permission. We hire some employees under age 18. Is there anything special we need to do? —A.G.

Section 1981 bias law doesn’t cover national-origin claims

02/01/2007

Section 1981 of the Civil Rights Act of 1866 has become an increasingly common route for African-Americans to bring to federal court a variety of discrimination claims not covered by Title VII. But claims of national-origin discrimination aren’t allowed under Section 1981

Texas congressman pushes bill to block SS benefits for illegals

02/01/2007

Rep. John R. Carter (R-Texas) last month introduced legislation in Congress that aims to bar U.S. citizens from receiving Social Security benefits based on wages earned while they were in the United States illegally …

Should we keep copies of I-9 documentation?

02/01/2007

Q. My boss is concerned about the increased penalties against employers who hire illegal aliens. He wants to be sure our procedures are in keeping with the best practices. One question I have: What do we do with the documents that new employees present to comply with the I-9 requirements? Should we keep copies of them? And, if so, where? —G.S.

NYC celebrity restaurateur accused of racism

02/01/2007

Even the stereotypical hot-tempered chef is not immune to labor-law complaints, as Daniel Boulud, owner of the Upper East Side’s four-star restaurant, Daniel, recently learned …

Advocates urge Spitzer to get tough on labor-law violators

02/01/2007

Immigrant advocacy groups banded together recently to urge Gov.-elect Eliot Spitzer to encourage the state’s Labor Department to pursue labor violations against whole industries in addition to individual companies …

Indiana Temporary Foreign Labor Certification Act

02/01/2007

Indiana employers that want to hire foreign workers for specific temporary jobs must jump several hurdles. You must show that no qualified American workers are available for the position. Before advertising a position, you must obtain a prevailing wage statement from the Indiana Department of Workforce Development

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …