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Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?

If you hire illegal workers, better pay them

11/10/2008

An employee is an employee, regardless of his or her right to be present in the United States and work here. Thus, even illegal immigrants who were hourly employees can sue for back pay if their employers didn’t pay at least minimum wage and overtime.

‘Virtual’ job fairs save money, click with candidates

11/10/2008

When tax firm KPMG wanted to fill hundreds of positions worldwide, it held an enormous job fair that attracted 20,000 candidates. But nobody showed up in person. The two-day, round-the-clock fair was entirely online. More organizations are tapping the global reach of the Internet to recruit employees …

Call security! But don’t micromanage them

11/07/2008

If you hire a security company to help keep your workplace safe for customers and employees, make sure your supervisors don’t wind up providing specific direction to the guards the company assigns to your company. If you and your staff resist the temptation to control their every move and give them just general instructions, the security company and its guards remain independent contractors. That’s important for liability reasons.

Firing justified if applicant failed to reveal checkered past

11/07/2008

Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.

Can we administer personality tests without running afoul of the ADA?

11/06/2008

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?

Alleged discrimination brings claims against insurance agency

11/04/2008

The EEOC recently filed an employment discrimination lawsuit against Time Insurance Agency of Austin, alleging pregnancy discrimination against a female job applicant.

Was Galveston retirement home biased against older worker?

11/04/2008

The EEOC has been busy this fall in Texas. The agency recently sued the Edgewater Retirement Community in Galveston for allegedly refusing to hire a 78-year-old job applicant.                        

DOL awards Texas $15 million for Hurricane Ike recovery

11/04/2008

The U.S. Department of Labor has awarded the state of Texas a $15.8 million grant to help the Texas Workforce Commission with Hurricane Ike recovery efforts.

DHS Issues ‘Final’ No-Match Letter Rule, While Critics Vow to Continue Opposition

10/28/2008

The Department of Homeland Security has, for the second time, issued a final rule on what employers must do when they receive "no-match" letters questioning the employment eligibility of their workers. Immigrant-right groups are preparing to oppose the rule. Next stop: a federal court in California, where a judge will decide whether the new rule is constitutional.