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Hiring

The Florida tests: Are workers employees or independent contractors?

03/09/2009

Recently, we addressed the risks involved in misclassifying employees as independent contractors and explored the three federal tests for getting it right. Be aware that Florida has own laws for determining whether a worker is an employee or an independent contractor. Along with the federal standards, you need to be familiar with the Florida tests.

Free health perks help wellness, recruiting

03/09/2009

Full-time employees of Lehigh Valley Hospital & Health Network don’t pay for health insurance. Plus, the organization hands them a fistful of “wellness dollars”—$700 to be exact—to spend on anything from gym memberships to massage therapy. Not only does the program help current employees, but also it has improved recruiting.

Post promotion opportunities, keep records of applications

03/06/2009

Base your promotion process on a well-publicized system of posting opportunities and tracking applicants—not word of mouth or personal recommendations. It’s the best way to prevent failure-to-promote lawsuits. After all, if you can show an employee didn’t apply for a promotion, the case disappears.

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

Have the supervisor or manager who did the hiring be the one to handle the firing

03/06/2009

Here’s a simple way to prevent lawsuits when you have to fire a recently hired employee: Direct the person who hired the employee to also do the firing. If the employee belongs to a protected class, courts will conclude that the termination wasn’t discriminatory. Otherwise, why would the employee have been hired in the first place?

Employees who don’t apply for promotions can’t sue

03/06/2009

Here’s a good reason to have a clear process for posting promotions and explaining that process to all employees: If an employee doesn’t use the process to apply, she can’t sue for failure to promote.

Keep hiring documents to guard against discrimination claims

03/06/2009

Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.

Wal-Mart settles drivers’ race bias suit for $17.5 million

03/06/2009

Wal-Mart wasn’t wearing its smiley face when it agreed to pay a class of African-American truck driver applicants $17.5 million in a race discrimination suit. The drivers alleged Wal-Mart failed to hire and promote black drivers in proportion to the number who applied.

9 New York employers make Fortune ‘best to work for’ list

03/06/2009

Nine companies headquartered in New York have made Fortune magazine’s 2009  “100 Best Companies to Work For” list. Seven of the firms are based in New York City. Two Rochester companies also made the cut.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.