Vigilant Blog

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

Showing posts for: Hiring

Photo of Diane Buisman
Mar 24 2020

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

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

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&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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Photo of Kandis Sells
May 30 2018
Harassment & DiscriminationHiringSafety and Health  

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of…

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Photo of Karen Davis
May 23 2018
HiringLabor Relations  

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration…

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Photo of Sean Brown
May 09 2018
Harassment & DiscriminationHiring  

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal…

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