Showing 6 posts in Hiring.

The 12 Days of California Labor and Employment Series – Day 8 "Expansion of COVID-19 Layoff Recall Rights"

In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On the eighth day of the holidays, my labor and employment attorney gave to me eight maids-a-milking and SB 723.

Layoffs and reductions in force were prevalent during the pandemic. Job layoffs severely impacted the hospitality and building services industries during the pandemic. Based on the number of layoffs and the primary industries affected, California passed SB 93 in 2021. This bill created California Labor Code Section 2810.8. More ›

Knock-Knock, Who’s There? The EEOC: When the EEOC’s can Investigate an Employer’s Premises Without Prior Consent

When the EEOC investigates a charge of discrimination, it may employ one of several investigatory methods, including site inspections.  In EEOC v. Nucor Steel Gallatin, Inc., a case of national first impression, a Kentucky district court considered whether to enforce a subpoena requiring the employer to provide on-site access to conduct witness interviews, examine the facility, and obtain additional information relating to the position the complainant applied for, or alternatively, to require the EEOC to obtain an administrative warrant.   More ›

New Illinois law Limits an Employer's Ability to Conduct Criminal Background Checks of job Applicants

On July 19, 2014, Illinois Governor, Pat Quinn, signed into law the Job Opportunities for Qualified Applicants Act, 30 ILCS 105/5.855. The Act, which goes into effect on January 1, 2015, significantly limits an employer's ability to request or review the criminal background information of applicants as part of the hiring process and is a victory for "Ban the Box" advocates working in several states. More ›

USCIS Issues new Version of Form I-9 for Immediate Use

On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9, the Employment Eligibility Verification Form. As most employers are aware, Form I-9 must be used to verify the identity and employment authorization of all new employees. The new version of the Form I-9 (available for download by clicking here) can be identified by the date located at the bottom left-hand side of the form—the new Form I-9 shows the date "03/08/13." More ›

EEOC Clarifies Its Position Regarding Employers’ High School Diploma Requirements

On November 17, 2011, the EEOC issued an informal opinion letter discussing potential violations of the Americans with Disabilities Act (ADA) as a result of an employer’s requirement that applicants hold a high school diploma. Specifically, the EEOC opined that if an employer adopts a high school diploma requirement for a job, and that requirement “screens out” an individual who is unable to graduate because of a learning disability, the employer may not apply the standard unless it can demonstrate that the diploma requirement is job related and consistent with business necessity. The EEOC further stated that even if the diploma requirement is job related and consistent with business necessity, the employer may still have to determine whether a particular applicant whose learning disability prevented him from obtaining a high school diploma can perform the essential functions of the job with or without a reasonable accommodation. More ›

DOL may Require Federal Contractors to have 7% Disabled Workforce

The Department of Labor yesterday announced a proposal to require all federal contractors to set a hiring goal of a labor force with at least 7% disabled workers. The Department already requires federal contractors to provide equal employment opportunities to individuals with disabilities, but this would be the first time that the Department would identify a strict numerical goal for contractors' disabled hiring. According to the DOL's news release : More ›