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Hiring

Employee References: Sample Release Form

09/28/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ It’s a smart legal move to require employees to sign a waiver releasing your organization from liability for providing truthful employment references. The following is a sample Employment Reference Release form that was adapted from several state bar associations’ employment law groups. You can use […]

Independent Contractor or Employee? How to Make The Call

09/18/2007
White Paper published by The HR Specialist ______________________ For years, the IRS has relied on a 20-factor test to determine whether a worker is considered an “employee” or an “independent contractor.” Conferring contractor status on a worker often benefits the employer, who is then not obligated to withhold income tax or to pay Social Security […]

Employee relocation: 5 ways to help your company survive the housing slump

09/11/2007

A sluggish real estate market is putting pressure on some organization’s hiring practices. The problem: New employees can’t sell their old houses. The solution: Taking a fresh look at relocation policies and assistance.

Judge slams brakes on new ‘No-Match’ enforcement rules

09/04/2007

A U.S. District Court judge has issued a temporary restraining order that stops the Department of Homeland Security from enforcing new rules on how employers must respond to no-match letters. A groups of civil liberties and labor organizations filed a lawsuit charging that the agency doesn’t have the authority to use Social Security records to crack down on illegal immigration.

State agency to learn whether ‘Preselection’ is discrimination

09/01/2007

An energy specialist with the Ohio Department of Development filed a race-discrimination complaint with
the Civil Rights Division, arguing the department passed him over for promotions to two positions because he is black. The department acknowledged it had created the positions specifically with two other men in mind to keep them from leaving …

Instruct supervisors: No work before official hire date

09/01/2007

Make sure all supervisors who have direct contact with job applicants understand this simple rule: No new employee performs any work until HR approves the hiring and provides a start date. Otherwise the applicant’s time spent “working” may become the basis for a Fair Labor Standards Act (FLSA) claim. Then, it will be your word against the applicant’s as to how many hours he or she actually worked …

Ending employee ‘Lease’ agreement? Timing can save money

09/01/2007

If you have signed up with a “professional employer organization” as a way to outsource your HR headaches but are thinking of ending the relationship, consider this: If you end the contract midyear, you may be liable for additional payments into the state unemployment insurance fund …

Catch phrases can be code for discrimination

09/01/2007

Does your organization use phrases such as “fits our culture” or “understands our vision” as part of the hiring decision? If so, you may be setting yourself up for a discrimination lawsuit. Why? Because courts and juries sometimes view such subjective language as evidence that something else lies behind those phrases …

Firefighters claim Chicago suburb wanted black department

09/01/2007

Four white part-time firefighters have sued the village of Dolton for racial discrimination after the town’s fire department promoted two black firefighters to full-time positions over white candidates with better qualifications. The plaintiffs claim Dolton Fire Chief Jerry McCullough told them, “If you’re not black, you’re not getting hired.” …

Manager’s careless comment on accent shows discrimination under ELCRA

09/01/2007

Under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA), it’s direct evidence of discrimination if a supervisor or manager with hiring or firing power makes comments about an applicant’s or employee’s foreign accent. That’s why it’s crucial for HR to remind managers and supervisors to watch what they say …