Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Hiring

Photo of Chris Edison
Jul 21 2022
COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity: The EEOC now says…

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Photo of Kara Craig
Jul 07 2022
Q&ADisabilityDrug and AlcoholHiringSafety and Health  

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…

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Photo of Chris Edison
Jul 07 2022
Drug and AlcoholHiringWage and Hour  

CALIFORNIA: No pay due for applicants’ time to take drug tests

The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid…

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Photo of Sean Brown
Jun 16 2022
Harassment & DiscriminationHiring  

MONTANA: Good hiring criteria and documentation win the day

A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS…

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Photo of Jackie Marks
May 05 2022
COVID-19Hiring  

Form I-9 remote inspection extended again, until October 31, 2022

The Department of Homeland Security (DHS) has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This extension of the relaxed standard now expires on October 31, 2022. As we originally reported, DHS relaxed the requirement for employers operating remotely and unable to physically inspect…

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Photo of Lorraine Amrine
May 05 2022
HiringLeave LawsTermination & Resignation  

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to…

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Photo of Karen Davis
May 05 2022
Affirmative ActionHiringWage and Hour  

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that…

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Photo of Sean Brown
Apr 07 2022
Employee BenefitsHiringWage and Hour  

WASHINGTON: Employers must disclose pay info in all job postings

On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1,…

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Photo of Jackie Marks
Apr 07 2022
COVID-19Hiring  

Expired Form I-9 List B documents unacceptable as of May 1, 2022

The U.S. Department of Homeland Security (DHS) is ending its COVID-19 temporary policy that allowed employers to accept List B identity documents that expired on or after March 1, 2020. Effective May 1, 2022, you must only accept unexpired List B identity documents for completing Form I-9. If an employee…

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Photo of Chris Edison
Mar 17 2022
HiringWage and Hour  

President signs new arbitration law

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) into law. Vigilant recently reported on the significant changes and impact of H.R. 4445 on mandatory arbitration agreements. Tips: We encourage you to ensure that your anti-harassment policies are up to…

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