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Hiring

Caution: Hiring applicant who signed noncompete spells trouble

07/11/2008
As noncompetition agreements become more and more popular with employers, it’s becoming easier for you to unknowingly hire someone who has already signed an agreement with a previous employer. All the ensuing complications lead more employers to ask themselves whether they should (or even can) legally hire an employee bound by a noncompete agreement with a former employer …

Applications and date of birth

07/11/2008
Q. We use a standardized employment application form. One of the questions on the form asks for the applicant’s date of birth. We have been told that it is illegal to ask for this information, as it might lead to age discrimination. Is this true? …

Drugmaker catches disco fever

07/11/2008

Allegan–based drugmaker Perrigo Corp. is reaching out to potential hires with the “Perrigo Dancing Scientists,” a slick YouTube music video of scientists in lab coats busting moves. The video is designed to show job hunters that Perrigo is a hip, fun place to work …

DOL can pursue visa pay violations even without a complaint

07/09/2008
Here’s a word of warning to employers that hire workers from overseas to fill critical jobs: A federal court has ruled that the DOL can investigate alleged violations of the H-1A visa program’s equal-pay requirements, even if no particular employee has complained. The ruling may mean more employers will find DOL investigators on their doorsteps …

Check post-Layoff rehire policies for disparate-Age impact

07/08/2008
In tough economic times, organizations sometimes have to make hard choices—such as whether to temporarily lay off employees. Of course, you’ll hope to ramp up staffing when the economy rebounds. That’s when you’ll need to be extra careful. If you bar workers you laid off from being rehired, you may be courting trouble …

Make sure hiring criteria include objective elements

07/08/2008
There’s no need to cut out all the subjective factors that go into a hiring decision. Instead, make sure you also include objective measures that can be easily compared, such as education, experience and specific skills. That way, you are more likely to win a discrimination challenge …

Can we ask applicants about their immigration sponsorship and legal status?

07/08/2008
Q. I was recently reviewing an employment application submitted by a candidate for an open position. Can we lawfully ask whether the candidate requires immigration sponsorship in order to obtain authorization to work for our company? …

Texas gets Gold Shovel award for economic development

07/07/2008
Area Development magazine has awarded Texas its 2008 Gold Shovel Award for economic development and job creation. Texas Secretary of State Phil Wilson accepted the award on behalf of the state. “This award is further recognition that Texas continues to lead the nation in job creation and economic development,” Wilson said …

Hispanics hit by job shortages

07/07/2008
According to a recent Pew Hispanic Center survey, Hispanic immigrants have been hard hit in the recent job downturn. Hispanic workers currently have an unemployment rate of 6.5%, compared with 4.7% for other workers …

Isn’t there some way we can provide honest references?

07/07/2008
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? …