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Consider criminal check for problem employees

08/01/2006

When you’re thinking about discharging a problem employee, consider running a criminal background check. In many cases, discovering a serious crime conviction can provide additional justification …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …

Handling ‘No-Match’ letters: Heed new DHS guidance

08/01/2006

Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires within three days of the date of employment. Both employer and employee must sign an I-9 form that lists the identifying documents the employee presented to verify his or her eligibility. The law is now enforced by the Department of Homeland Security (DHS) …

It’s a seller’s job market for recent college grads

08/01/2006

When ranking the number of entry-level professional positions available, Dallas ranks third in the country behind larger markets New York City and Chicago …

Technology workers in demand again in Texas

08/01/2006

According to the Texas Workforce Commission, technology jobs are again experiencing strong growth in Texas after several years of declines …

Drug-Test Policy Should Include Off-Duty Prohibition

08/01/2006

Pennsylvania employers that want to make sure their employees don’t come to work under the influence of alcohol or illegal drugs should establish a random drug-testing program. State law makes employees ineligible for unemployment compensation anytime an organization bases its firing on employees’ "failure to submit [to] and/or pass a drug test conducted pursuant to an employer’s established substance abuse policy" …

1099s won’t instantly create independent contractors

07/01/2006

Q. We hire seasonal temps and have them sign a policy that says their employment will end at a certain date. We’re aware of the unemployment responsibilities that come with being the last employer on record. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable? –B.B., New York

Use lots of independent contractors? Heed new legal risks

07/01/2006

Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. 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 …

Job-Offer Letters: To Sign or Not to Sign

07/01/2006

Q. Is it wrong to ask new hires to sign job-offer letters? We ask for a signed copy as part of documenting that they were informed that employment was “at will.” Is this inadvisable? —T.U., North Carolina