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Hiring

Poor economy, new legal peril: Refusing to hire the unemployed

01/07/2011
No federal law says it’s discriminatory to refuse to hire unemployed people. However, legislatures in several states are considering bills that would make it illegal to discriminate on the basis of current employment status. Moreover, many who are jobless fall into protected classes—including women, minorities, people with disabilities and those over age 40.

Independent contractor or employee? How to make the call

01/07/2011
On the crucial question of whether a worker is an employee or an independent contractor, you had better answer correctly. Otherwise, expect scrutiny from the IRS, which monitors worker status to make sure Uncle Sam collects all taxes due. The IRS looks at three broad categories of information to decide whether someone is an employee or a contractor.

How long should we retain I-9 forms?

01/07/2011
Q. We’ve been keeping I-9 forms for an indefinite period. Now I hear we only have to keep them for three years for active employees and one year for terminated employees. Which is correct?

The top 10 attributes sought by employers

12/27/2010
Job-search site Indeed.com analyzed millions of job listings on its site and found that these are the top 10 professional attributes most often found in employers’ job postings:

Remind bosses: Reference check calls go to HR

12/22/2010
If your managers and supervisors respond to reference calls by offering negative information, a lawsuit is probably coming. That’s why the best practice is to refer all calls for reference checks to HR. Then, only provide the most basic information.

Better writers make better hires

12/21/2010

How do you decide between two equally worthy candidates? When in doubt, hire the person with the best writing skills, says Kris Dunn, chief human resources officer for Kinetix and author of “The HR Capitalist” blog. Here’s why.

Pennsylvania’s business climate rated largely favorable

12/21/2010

Pennsylvania has the third-best business climate north of the Mason-Dixon Line and the 12th best in the nation, according to Site Selection magazine. Only Ohio and Indiana ranked higher among Northern states.

Terminated employees staging protest? Consider suing to force them to stop

12/21/2010
Here’s a bit of good news for employers that must terminate some of their employees because the IRS says their Social Security numbers are invalid. If they stage an unfair protest against their firings, you can sue them to stop.

EEOC’s final GINA regs emphasize employee notification

12/21/2010
The EEOC has issued final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA), clarifying employer compliance issues and offering model language to help employees understand their rights under the law.

Is a policy still a policy if it’s not in writing?

12/15/2010

Will a court acknowledge a company “policy” that doesn’t exist on paper? One court recently did—even though the policy wasn’t written anywhere—because the policy was being followed by all managers. Still, when in doubt, it’s best to write it out.