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State’s Attorney’s job fair recruits minority lawyers

10/01/2007

Responding to criticism that the Illinois State’s Attorney’s Office lacks prosecutors of color, the agency recently held a “Minority Job Fair for Licensed Attorneys.” Former Illinois Appellate Court Justice R. Eugene Pincham alleged in an interview that the state’s attorney’s office had only 40 minority prosecutors out of 950 …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …

Postal career on hold as man can’t get arrest record expunged

10/01/2007

A Pennsylvania man has lost a lawsuit against the Commonwealth of Pennsylvania in which he sought to have the state erase his arrest record. He claimed that the arrest never resulted in a conviction because he was found “not guilty by reason of insanity,” and that the arrest record was keeping him from getting a job at the U.S. Postal Service …

Workplace violence: Keep staff safe the legally smart way

10/01/2007

Employers are legally obligated to maintain a safe work environment. When employees commit violent acts against co-workers or customers, employers can be held responsible through negligent-hiring and supervision lawsuits. Each year, roughly 1,000 people are workplace homicide victims. And research shows that killings are five to seven times more likely to occur at workplaces where guns are allowed …

The dreaded reference check: What to say about former employees?

10/01/2007

Q. What may an employer say about why an employee left or was fired? …

Only business need can justify English-Only rules

10/01/2007

Employers that want to limit the use of languages other than English in the workplace take note: Your language restrictions must be reasonable and based on genuine business needs. A simple company preference for English isn’t good enough …

Restaurants shell out $1 million in unpaid wages

10/01/2007

Five Long Island eateries will pay $966,000 in back wages to busboys, counter personnel, dishwashers and cooks to settle a U.S. Labor Department lawsuit. The wages cover two years in which the employees, mostly Hispanic immigrants, worked up to 60 hours per week without overtime compensation …

Immigration: Know your ‘Border guard’ responsibilities

10/01/2007

Together, the Immigration and Nationality Act of 1952 and the Immigration Reform and Control Act (IRCA) of 1986 govern U.S. immigration policy. IRCA was amended in 1990. With each new law, employers gain new responsibilities. For each new employee hired, U.S. employers must complete a Form I-9, Employment Eligibility Verification. The I-9 establishes the employee’s identity and his or her legal work status. Employers can hire only those who are eligible to work legally in this country …

Don’t forget—New rules in place for new hires

10/01/2007

As of July 1, Georgia public employers and the contractors and subcontractors that provide services and goods for public employers are required to comply with the Georgia Security and Immigration Compliance Act of 2006. The Georgia Department of Labor has promulgated new rules requiring employers to provide employment eligibility verification to the U.S. Department of Homeland Security …

Keeping I-9 forms in separate file: Is it mandatory?

10/01/2007

Q. I’ve read that we shouldn’t keep employees’ I-9s in their personnel files. Is this a suggestion or are there laws that require them to be in separate files? —L.K., Alabama …