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Hiring

Groups rally to end marital profiling in hiring process

11/01/2007

In Pennsylvania, it’s still legal to ask job applicants about their marital status and family plans. The Pennsylvania Commission for Women rallied at the state Capitol on Oct. 2 in favor of legislation that would change that practice …

New legal risks for employers using independent contractors

11/01/2007

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation. It’s a complex issue that has invited wide scrutiny. A host of federal and state agencies are cracking down on employers that misclassify workers as independent contractors …

COBRA notice for new hires

11/01/2007

Q. What are our obligations under COBRA when we hire a new worker?—T.J. …

On applications, arrests off limits; convictions fair game—With limits

11/01/2007

Q. Our employment application asks, “Have you ever been arrested? If so, list the nature of the arrest.” Is this legal? …

‘Name, rank and serial number’ still best bet for references

11/01/2007

The old adage “If you can’t say anything nice, don’t say anything at all” seems perfectly suited to employer-supplied references. If an employee is fired or quits in lieu of being fired, it’s a safe bet she will look for another job. It’s also a safe bet that her prospective employer will want to know what type of employee it may be getting. Don’t be in a rush to provide more than basic information for any former employee …

Best practices: conducting background checks on new hires

11/01/2007

No matter the size of your operation, hiring and retaining qualified and honest employees is critical. A recent study found that 36.5% of employment verifications revealed inconsistencies and 14% provided false or inconsistent information about education. That means every employer has a good reason to undertake background checks of all potential employees before making hiring decisions, particularly for positions involving confidential or sensitive information …

The marijuana exception to queries about criminal convictions

11/01/2007

Q. I know that an employer cannot ask a job applicant about arrests. Are there any limitations on my right to inquire about convictions? …

Undocumented worker can get back wages

11/01/2007

No doubt, you’ve read about the U.S. Department of Homeland Security’s (DHS) efforts to enforce the nation’s immigration laws by cracking down on employers that hire and employ illegal immigrants. So you might be surprised to learn that a New York state court has ruled that even an illegal immigrant who admits he forged his I-9 documentation and was fired can sue for state wage-law violations …

Hire an illegal immigrant, you can pay for his injuries, too

11/01/2007

Jose Gomez was working on the demolition crew at a building in Flushing, jackhammering a concrete slab, when the work site collapsed. The resulting fall left Gomez a paraplegic. He filed suit for lost wages. That’s when his employers officially noted Gomez was in the country illegally and was not entitled to such benefits …

ACLU forces abusive Manhattan retailer to pay up

11/01/2007

It took nearly a year, but the American Civil Liberties Union (ACLU) has finally forced Manhattan retailer Albert Palacci to pay for blatantly exploiting three immigrant women …