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Feb 21 2017
HiringImmigration

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more…

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Feb 16 2017
Hiring

Employer violated FCRA by including waiver in disclosure form for background check

Employers who conduct criminal background or credit checks of job applicants must comply with the FCRA whenever a third-party company is used to gather the information.   The FCRA requires a specific disclosure statement to be provided to an applicant if a third-party background check is being conducted. While the law allows this disclosure statement…

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Feb 06 2017
DisabilityHiringQ&A

Q&A: Think twice before revoking job offers based on red flags

Answer: You have the right to revoke an offer when you have a legitimate, non-discriminatory reason, such as not hiring someone who was terminated for attendance violations. However, in this case it’s not that simple. Two other key issues about his prior job surfaced: he alleged a disability and he filed a claim against his…

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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, 2015. This rule change may…

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Jul 08 2016
HiringQ&A

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

Answer: It depends on a lot of different factors, and may vary depending on the city and the circumstances. In the spirit of fair hiring policies, many cities and states across the nation are adopting “ban the box” laws, requiring employers to consider an applicant’s candidacy and qualifications before digging into their criminal background—essentially, removing…

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Apr 18 2016
CaliforniaHarassment & 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 covers: Interviews: As an employer,…

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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…

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Sep 15 2015
HiringQ&A

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

A: Don’t panic. The information is probably available online. The US Customs and Boarder Protection shifted Form I-94 to an electronic version in the last two years; the agency no longer issues paper forms. All travelers may access the I-94 Automation website at www.cbp.gov/i94 to retrieve an official I-94 printout. In your situation, ask your…

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Jul 17 2015
Hiring

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

Under the FCRA, employers are required to provide a notice disclosing that a background check will be run and an authorization to conduct the background check itself. The argument made in the lawsuit is that the disclosure and authorization forms cannot include other language. In this case, Home Depot had additional language on its forms…

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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. The woman wore the scarf because she sincerely believed it was a requirement of her religion….

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May 11 2015
HiringQ&A

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

Answer: Delegate the task. Remember that employees must complete section 1 of the I-9 form by their first day of work, while employers must complete section 2 of the form and verify a new employee’s documents within three business days of starting employment. The United States Citizenship and Immigration Services (USCIS) states an employer’s responsibility…

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Jan 27 2015
CaliforniaHiringLeave Laws

CALIFORNIA: Two options available for paid sick leave compliance

The new paid sick leave law in California, AB 1522, is on employers’ minds as we begin 2015. There are two ways to comply with the law, and you have until July 1, 2015, to determine which fits your company the best: 1. Accrual Method: Employers provide paid sick leave that employees accrue at the…

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