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Social media and HR: Managing the legal risks, updating your policies

07/14/2009

Whether they’re shooting off their own tweets or following others, employees using Twitter, Facebook, MySpace and personal blogs are creating liability and PR risks with their online rants, raves and company gossip. We’ve gathered the best of HR Specialist’s recent coverage of social media’s HR implications. You’ll find sound legal advice, and maybe a laugh or two.

Get your I-9s in order: ICE launches new audit campaign

07/14/2009

The Obama administration is stepping up efforts to audit employers it believes are violating federal employment eligibility verification laws. At the same time, it’s ending "no-match" letters and requiring federal government contractors to use the E-Verify electronic verification system. Find out the latest on the ever-shifting issue of immigration and employment.

‘Same-actor’ defense won’t always work; establish unbiased reasons for firings

07/08/2009

When the person who hires someone is the same one who conducts the firing, courts typically discount the idea that discrimination was involved. After all, why would someone who hired an applicant discriminate later because of that person’s age, race or sex? But be aware that the defense doesn’t always work if there is clear discrimination evidence.

Supreme Court: Even good faith can lead to discrimination

07/08/2009

In one of its most anticipated employment law decisions in years, the U.S. Supreme Court has ruled that New Haven, Conn., discriminated against white firefighters when it refused to promote them after they passed a test that most black co-workers failed.

What’s this I hear about tougher enforcement of contractor relationships?

07/08/2009

Q. An HR colleague told me that government agencies have stepped up their scrutiny of independent contractor relationships. She said employers that have such relationships, or routinely have consultants working alongside employees, should beware. Can you shed any light on this report? What should we do?

New law: Safe haven when hiring people with criminal histories

07/08/2009

The Minnesota Legislature recently enacted a law designed to protect employers from some of the legal risks that may accompany hiring people with criminal backgrounds. The law is designed to help those who have served their sentences re-enter society as productive citizens.

Houston business owner sentenced for harboring illegals

07/08/2009

The owner and two managers of a Houston-based used clothing exporting business were recently sentenced to prison for conspiring to harbor illegal immigrants. During a raid at Action Rags USA Inc. last year, ICE agents arrested 166 undocumented workers from Mexico, El Salvador, Guatemala and Honduras.

Lawsuit-proof your firing decisions: Have those who hire or promote also do the firing

07/06/2009

Here’s one easy way to cut down on lawsuits when you have to fire an employee: Have the same person who hired or last promoted the employee also make the final decision on termination. Reason: Courts often conclude that it would make no sense for those who hired or promoted someone to turn around and fire that same person for discriminatory reasons.

Choosing employees for promotion: a 6-step legal process

07/06/2009

HR people and managers are aware of the legal dangers in hiring outside applicants. But many forget that internal promotions also carry risks.

Competition for job openings heats up to record high

07/06/2009

Those few employers that are adding staff are sifting through more résumés than ever. Employers, on average, are evaluating 5.4 candidates for each of their openings, according to the Bureau of Labor Statistics.