Hiring

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010

In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

EEOC challenges Cavalier attitude toward age bias

10/28/2010

The EEOC has filed a class-action lawsuit against Cavalier Telephone on behalf of a group of account executives and job applicants from Pennsylvania and other Mid-Atlantic states, charging that the company refuses to hire older workers and fired two employees in retaliation after they objected to the alleged discrimination.

Abercrombie case highlights risk of electronic I-9 systems

10/25/2010

Clothing retailer Abercrombie & Fitch paid a $1.05 million fine to the U.S. Immigration & Customs Enforcement last month after ICE cited numerous technology-related problems with the company’s electronic I-9 system.

Schwarzenegger vetoes applicant credit report ban

10/15/2010

Gov. Arnold Schwarzenegger has vetoed A.B. 482, a bill that would have prevented employers from using consumer credit reports when performing background checks on employees and applicants.

Make sure you retain all applicant information

10/15/2010

You may never see it coming: A disappointed applicant sues you after you give the job to someone else. However, you can be prepared—if you have held onto all documents and materials related to the hiring process. If you wind up in court and need to show why you didn’t select an applicant, those records may provide the rationale.

What are the new federal I-9 rules?

10/12/2010

Q. How does the U.S. Department of Homeland Security’s new rule change an employer’s Form I-9 responsibilities?

Gender bias in Joslin could end company’s federal contracts

10/12/2010

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has charged Tyson Fresh Meats with gender discrimination at its facility in Joslin. A DOL investigation revealed that Tyson’s selection system and procedures discriminated against women seeking entry-level positions at the plant.

Don’t feel obligated to promote from within if better outside candidates are available

10/08/2010

It makes sense for employers to promote from within. But sometimes it’s better to choose a candidate from a broader pool of potential employees. That may mean some current employees will be disappointed—and may even sue. Recently, a federal court affirmed that internal candidates don’t have an automatic leg up and aren’t entitled to preferential promotions.

Bloomberg, court lock horns over firefighter hiring

10/07/2010

A Brooklyn court has extended an injunction preventing New York City from hiring new firefighters because existing hiring tests discriminate against minorities. The court proposed five alternative hiring plans that would bypass continued use of tests, but Mayor Michael Bloomberg claims all five require the city to use illegal quotas.

Supremes start work: 3 employment law cases on High Court docket this year

10/05/2010

The Supreme Court term that began yesterday will decide three important employment law cases. Here’s our round-up of upcoming High Court arguments that could affect background checks, discipline and firings and the tricky issue of determining the employment eligibility of foreign-born workers.