Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Hiring

Photo of Jackie Marks
Sep 01 2016
HiringImmigration  

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2,…

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Jul 08 2016
Q&AHiring

“Ban the Box”: Can I still ask applicants about criminal backgrounds in Oregon?

Question: Can Oregon employers still ask applicants if they have ever been convicted of a crime?

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Apr 18 2016
Harassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance…

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Photo of Lorraine Hoffman
Jan 13 2016
Harassment & DiscriminationHiring  

New guidance for employers conducting internal I-9 audits

In an effort to ensure that employers follow best practices and do not engage in discriminatory practices, the US Justice Department’s Civil Rights Division and the Department of Homeland Security’s US Immigration and Customs Enforcement (ICE) have issued joint guidance for employers who choose to conduct internal audits of their Form I-9s to ensure that the audits are conducted properly and do not discriminate against employees.

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Photo of Jodi Slavik
Sep 15 2015
Q&AHiring  

What should we do if an employee has missing I-94 information?

Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?

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Photo of Sean Brown
Jul 17 2015
Hiring  

Why you should review the content of your company’s background check disclosure forms

Home Depot recently settled a class action lawsuit that alleged Home Depot violated the Fair Credit Reporting Act (FCRA) by including, among other things, a release of liability on the form it used to disclose and authorize the running of a background check.

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Photo of Karen Davis
Jun 03 2015
Harassment & DiscriminationHiring  

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court.

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Photo of Jon Benson
May 11 2015
Q&AHiring  

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

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Photo of Sean Brown
Oct 30 2014
Hiring  

WASHINGTON: Overbroad, anticompetitive noncompetes are unenforceable

Three different versions of a noncompete agreement, signed by three employees hired at different times, were too harsh to be enforced, said a federal district court in Washington. The employer, which specialized in artificial insemination of livestock, sued the workers when they left to work for a competitor.

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