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Oct 30 2014
HiringWashington

WASHINGTON: Overbroad, anticompetitive noncompetes are unenforceable

Two of the employees’ noncompete agreements prevented them from contacting any customers they communicated with while employed with the company. The court looked at this prohibition, and found that it was too harsh and overly broad. Essentially, this restriction would have prevented the employees from contacting companies who weren’t even customers, but were merely prospects…

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Aug 05 2014
Hiring

Clear documentation saves employer from age discrimination liability

Thorough documentation of job requirements recently helped an Oregon employer win an age discrimination claim. A 61 year old welder filed claims of age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA) after unsuccessfully applying for numerous higher paying welding positions with his employer, the U.S. Army Corps of Engineers. The final…

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Jun 30 2014
Affirmative ActionHiring

Electric company pays $1M to settle hiring discrimination claims

Following a random audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor Lincoln Electric agreed to pay $1 million in back wages to African American applicants it rejected for entry level positions. The money will be shared by a pool of 5,557 people who unsuccessfully applied for factory and production jobs. The…

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May 14 2014
HiringOregon

Register today: Tigard Form I-9 Workshop May 21st

In our I-9 workshop you will learn everything you need to know about filling out the I-9 Form accurately. We'll go through the motions in this interactive workshop including:     Filling out sample I-9 Forms,       Auditing the sample forms, and     Discussing the law and tricky situations to avoid Vigilant Employment Attorney, Lorraine Hoffman…

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May 06 2014
Hiring

Requiring specific I-9 documents costs Seattle employer more than $40,500

The Department of Justice has announced that it has settled allegations of discrimination in the I-9 process with SK Food Group. The company had been requiring non-citizens to provide specific documents to prove their work eligibility but not making the same demand of U.S. citizens. In addition to paying $40,500 in penalties, the employer will…

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Apr 24 2014
HiringWashington

Spokane Washington Form I-9 Workshop this May 15th

Join us for a hands-on, practical look at how to complete and correct the form I-9. In our I-9 workshop you will learn everything you need to know about filling out the I-9 form accurately. We'll go through the motions in this interactive workshop including: Filling out sample I-9 forms,  Auditing the sample forms, and…

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Dec 23 2013
Hiring

EEOC permits “integrity tests” during hiring process

The letter describes an employer’s “integrity tests” as a series of questions used in the hiring process. In particular the questions involved: (1) Attitudes about taking an employer’s property without permission; and (2) An applicant’s current use of illegal drugs. The EEOC previously had provided enforcement guidance regarding asking applicants about arrest and conviction records….

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Nov 25 2013
DisabilityHiringImmigration

Temporary workers—whose employee is this?

A: You may not consider employees that you obtain from a temporary services company to be your employees, at least until you hire them on a permanent basis, but the law might. And, different laws apply differently to the temporary employment relationship, for example:   Federal Family and Medical Leave Act (FMLA): Under the FMLA,…

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Nov 14 2013
CaliforniaHiringLeave Laws

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law. At press time, a number of bills are still at the Governor’s desk awaiting signature or veto. So, stay tuned and Vigilant will continue to report on developments. Here is a summary of key new employment-related laws to date, with links to the…

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Nov 14 2013
HiringImmigrationQ&A

Cutting corners on Form I-9 leads to big penalties

A: No, attaching photocopies of employees’ documentation, but leaving sections of the form itself incomplete, is not sufficient for I-9 purposes. One small employer who took that approach recently found itself with a bill for $173,500 in penalties from Immigration and Customs Enforcement (ICE). The employer had photocopied each employee’s documentation and attached it to…

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Oct 24 2013
HiringImmigrationQ&A

Should we use E-Verify during our hiring process?

A: Possibly. All employers must complete the Form I-9 for new employees and, as a part of that process, be able to review the documentation provided to ensure validity. Many employers struggle with being able to recognize forged documentation, even when using resources available from the U.S. Citizenship and Immigration Services, such as the “Handbook…

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Oct 17 2013
Affirmative ActionHiring

Bank ordered to pay over $2 million to rejected applicants

The Office of Federal Contract Compliance Programs (OFCCP) announced that Bank of America has been ordered by an administrative law judge to pay $2,181,593 in back wages and interest to disappointed African American job applicants. It all started on November 24, 1993, when the OFCCP notified the bank it had been selected for a random…

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