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Hiring

Supreme Court: Even good faith can lead to discrimination

07/08/2009

In one of its most anticipated employment law decisions in years, the U.S. Supreme Court has ruled that New Haven, Conn., discriminated against white firefighters when it refused to promote them after they passed a test that most black co-workers failed.

What’s this I hear about tougher enforcement of contractor relationships?

07/08/2009

Q. An HR colleague told me that government agencies have stepped up their scrutiny of independent contractor relationships. She said employers that have such relationships, or routinely have consultants working alongside employees, should beware. Can you shed any light on this report? What should we do?

New law: Safe haven when hiring people with criminal histories

07/08/2009

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Houston business owner sentenced for harboring illegals

07/08/2009

The owner and two managers of a Houston-based used clothing exporting business were recently sentenced to prison for conspiring to harbor illegal immigrants. During a raid at Action Rags USA Inc. last year, ICE agents arrested 166 undocumented workers from Mexico, El Salvador, Guatemala and Honduras.

Choosing employees for promotion: A 6-step legal process

07/06/2009
HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

Competition for job openings heats up to record high

07/06/2009

Those few employers that are adding staff are sifting through more résumés than ever. Employers, on average, are evaluating 5.4 candidates for each of their openings, according to the Bureau of Labor Statistics.

Statesville Compare Foods settles bias claim with EEOC

06/26/2009

For the second time in a year, a North Carolina Compare Foods store has settled discrimination charges with the EEOC. As in the earlier case, this one—involving a store in Statesville—involved accusations that workers had been fired because they weren’t Hispanic.

Does this person have a case? We withdrew an offer after she quit her old job and moved

06/26/2009

Q. We offered a job to an applicant who was located out of state. We orally promised her a position and gave her a start date. As the date grew closer and we were finalizing the offer letter, there was a hiring freeze and we had to withdraw the offer. She has now threatened to sue us. Does she have a case?

How closely can we monitor contractors without creating an employment relationship?

06/26/2009

Q. Can I require an independent contractor to provide weekly sales reports (number of contacts made, closed sales, contracts sent, etc.) without turning our arrangement into an employer/employee relationship?

Suit on tax credits for hiring poor workers moves forward

06/26/2009

A state court of appeals recently ruled that Richmond-based Dicon Fiberoptics adequately pleaded its claim against California’s Franchise Tax Board in a case involving a tax credit for hiring disadvantaged workers.