Vigilant Blog

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

Showing posts for: Hiring

Photo of Diane Buisman
Sep 08 2020
COVID-19Hiring  

Form I-9 remote inspection extended again, through September 19, 2020

The federal Department of Homeland Security 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 is the fourth 30-day extension of the relaxed standard, with the new expiration now September 19, 2020. As we originally reported, Homeland Security relaxed the requirement for…

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Photo of Melinda Robinson
Aug 20 2020
COVID-19Hiring  

Q&A: Expired List B documents temporarily okay for Form I-9

Question: Can we accept an expired driver’s license for the Form I-9 during this COVID-19 pandemic? Answer: Yes, at least for now, if the license expired on or after March 1, 2020. The U.S. Department of Homeland Security has a temporary policy in place during the COVID-19 (coronavirus) pandemic allowing employers to…

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Photo of Diane Buisman
Jul 09 2020
COVID-19Hiring  

Form I-9 remote inspection extended again, through July 19, 2020

The federal Department of Homeland Security has announced another extension of its temporarily relaxed standard regarding physical inspection of a new worker's employment eligibility documents when completing the Form I-9. This is the second 30-day extension of the relaxed standard, with the new expiration now July 19, 2020. As we previously reported, Homeland Security relaxed the requirement for…

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Photo of Diane Buisman
Mar 24 2020
COVID-19Hiring  

Remote inspection of Form I-9 allowed during COVID-19 emergency

The federal Department of Homeland Security has relaxed the standard regarding the need to physically inspect a new employee’s employment eligibility documents when filling out Form I-9, if the employer is unable to do so during the COVID-19 (coronavirus) national emergency (U.S. Immigration and Customs Enforcement (ICE) Press Release, March 20,…

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Photo of Jodi Slavik
Feb 11 2020
HiringImmigration  

New Form I-9 released on January 31, 2020

U.S. Citizenship and Immigration Services (USCIS) finally updated Form I-9 and its accompanying instructions—both have a “10/21/2019” revision date in the lower left corner, although they weren't released until January 31, 2020. Employers must use the updated version to verify new hires’ identities and employment eligibility no later than April 30, 2020. The changes are…

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Photo of Jon Benson
Jan 28 2020
HiringImmigration  

Q&A: Don’t ask for more documents than I-9 requires

Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…

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Photo of Lorraine Hoffman
Nov 13 2019
Q&ADisabilityHiring  

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an employer…

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Photo of Kandis Sells
May 17 2019
HiringWage and Hour  

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new…

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Photo of Jackie Marks
Aug 22 2018
Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

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Photo of Kandis Sells
Jul 02 2018
Harassment & DiscriminationHiring  

Q&A: Limit on prior work experience in hiring may be age discrimination

Question: In job postings for our entry-level manager positions, we list the requirements as “3 to 7 years (no more than 7 years) of relevant work experience” to make sure we don’t waste our time interviewing a bunch of overqualified candidates. We recently had an applicant complain that our cap on prior work experience constitutes unlawful age discrimination, but job postings like ours seem really common. It’s okay for us to set a limit on prior experience when we’re hiring, right?

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