Tag Archives: hiring

With Hiring on the Rise, Employers Should Review and Update Old Job Applications

Ver la versión en español aquí Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their … Continue Reading

Does Data Mining Tip the Balance Against E-Verify?

Ver la versión en español aquí E-Verify is an online application that allows participating employers to verify electronically the employment eligibility of new hires.  It is jointly operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). To participate in E-Verify, an employer must sign a multi-page Memorandum of Understanding (MOU) with … Continue Reading

Employers Pay for Antitrust “Conspiracies”

Ver la versión en español aquí Employers who agree not to poach each other’s workers may face substantial monetary exposure. This was the lesson learned the hard way by tech powerhouses Adobe, Apple, Google and Intel in a recent California antitrust class action suit. The Silicon Valley giants and other defendants were sued in a … Continue Reading

Is the Job Market Improving? For Some Folks, Yes

Two weeks ago, the H-1B visa filing season kicked off and, within five days, the U.S. Citizenship and Immigration Services received about 175,000 H-1B petitions for 65,000 available H-1B visas, plus 20,000 H-1Bs set aside for foreign nationals who hold U.S. advanced degrees. Clearly, employers are looking to hire – at least highly skilled workers … Continue Reading

E-Verify Up and Running

The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading

OFCCP Requires Benchmarks for Hiring Veterans and Individuals With Disabilities

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently issued regulations revising existing regulations under the Vietnam Era Veterans’ Readjustment Assistant Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973.  These laws prohibit covered federal contractors and subcontractors from discriminating in employment against protected veterans and individuals … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

New Form I-9 Effective March 8, 2013

The U.S. Citizenship and Immigration Services (USCIS) announced that, beginning March 8, 2013, employers must begin using a revised version of the Form I-9 to verify the employment eligibility of new hires. The new form will reflect a revision date (Rev. 03/08/13)N. As of the time of writing, the new Form I-9 was not available … Continue Reading

Beginning January 1, 2013, Employers Must Use a New Summary of Consumer Rights to Comply with the Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is the federal law regulating, among other things, background checks that employers conduct on applicants for employment and employees. Employers who use third parties to provide background reports on employees or potential employees know that they must make certain disclosures before taking any adverse action based in whole or … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading

Obama’s Proposed Jobs Bill Makes it Unlawful to Consider an Applicant’s Status as Unemployed

On September 8, 2011, President Obama presented to Congress the “American Jobs Act.”  Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading

May Change Conforms Florida E-Verify to Federal Standard

On his first day in office as Florida’s governor, Rick Scott signed Executive Order 11-02, mandating that state agencies under the direction of the governor to use the federal government’s E-Verify system to verify the work authorization and identity of all current employees and new hires.  The Executive Order also required that all agencies under … Continue Reading

Changes to the Fair Credit Reporting Act Take Effect July 21

The Fair Credit Reporting Act (FCRA), the federal statute that places limits on an employer’s ability to use background checks on employees and potential hires, will soon add a new requirement.  Employers’ use of background checks, and credit history checks in particular, has come under scrutiny.  The Equal Employment Opportunity Commission has pursued disparate impact … Continue Reading

Southern Hospitality Welcomes E-Verify: Tennessee and Alabama Governors Sign Laws Mandating Use of E-Verify

  Tennessee and Alabama joined the growing list of states requiring certain employers within the state to use E-Verify when hiring new workers.  The Alabama law broad implications for individuals who are unlawfully present in the United States.  Below, we will highlight the aspects of the statutes that impact employers doing business in Tennessee and … Continue Reading
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