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Hiring

Independent contractor can sue top contractor for injuries

01/15/2009

If you thought that one advantage of using independent contractors was that those contractors couldn’t sue you for injuries suffered at work, think again.

Don’t assume privacy clause guarantees privacy

01/15/2009

Some employers include a privacy clause in their applications and handbooks that tells employees they can opt out of having their names and addresses released to third parties. However, if a worker who is suing for wage-and-hour violations wants to get his hands on employee names and contact information for the purpose of building a class-action case, those privacy clauses can’t stop it.

Immigration compliance issues and changes to track in 2009

01/15/2009

Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

Use this simple rule when interviewing: If it could be a slur, don’t say it

01/15/2009

Remind all hiring managers and supervisors that absolutely no racial slurs are allowed during an interview—not even in passing or in jest. Applicants who aren’t hired will get a jury trial if they can show that someone with hiring authority uttered a racial slur.

Watch out for rogue managers who bring hidden biases to hiring, promotions

01/13/2009

If the workplace rumor mill tells you that one of your managers or supervisors may harbor antiquated ideas about equality, watch out—especially if he or she has any input into hiring and promotion decisions. Instead, investigate the rumors and take a look at past hiring practices.

Native American status may mean extra bias claim

01/13/2009

People who identify themselves as Native Americans and believe they have been discriminated against may be able to sue based on two distinct claims for the same characteristic. Such individuals can claim discrimination based on national origin or race.

Can we have an English-only rule?

01/13/2009

Q. Is it OK for our company to prohibit employees from speaking in languages other than English in front of our customers?

Michigan employers, colleges to collaborate on training

01/09/2009

Gov. Jennifer Granholm signed legislation in December that will help Michigan employers work with community colleges to train and develop employees for high-demand positions. The bills, signed into law as Public Acts 359 and 360, will encourage community colleges to tailor job training to meet local employers’ needs.

Workers’ comp for unpaid interns?

01/09/2009

Q. A local college has asked our company to allow a student to work at one of our plants for credit this summer. The student would not be paid, which sounds like a great deal for the company. However, we are concerned about what would happen if the student were injured while interning. Would we be liable?

When applicant has more experience, be prepared to justify hiring someone else

01/09/2009

You don’t always have to promote the best educated or most experienced employee—but you must at least have a good explanation why you chose another candidate.