Hiring

When hiring employees, negligent hiring practices can doom the process. Learn from your colleagues’ successes – and avoid their pitfalls.

Smart interview questions, well-written job descriptions, and sharp interviewing result in hiring employees that work out well, AND make you look good in the process.

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The paperwork generated by summer hires doesn’t have to make you hot under the collar. These tips will help you tame the hiring process.
Q. Our mailroom supervisor is currently classified as exempt because his position includes qualifications such as hiring and firing the mailroom staff. But for the most part, he mainly performs mailroom duties. Have we classified him correctly?
Many employers are deciding not to hire smokers, screen new hires for nicotine as a condition for employment, impose higher health-benefit premiums for smokers and try to help smokers quit. While employers are free to ban smoking in their workplaces, taking action based on what employees do on their own time outside of work is much more controversial and raises a host of legal issues.

Don't limit your career choices to staying in place or climbing the ladder. Sometimes, a lateral move represents the best—or only—option. Here's when to accept a new position at the same level:

Most people think of 50 as the magic number for the FMLA. “Oh, we have 50 employees, so now we have to comply with the FMLA,” is a popular refrain among HR departments. It is not that simple. The FMLA has two different rules that must be met before you have to offer FMLA leave to an employee—coverage and eligibility, which both have the magic number 50 as a key component.

Many employers are making the leap to “paperless” HR. Digital records are easy to access and cheap to archive. But despite the many benefits of electronic records storage, a host of legal problems could derail even the best-intentioned digital records plan. Here are the issues to consider before you make the transition.
Q. We did a Google search on someone we wanted to hire and we found several pictures of the individual smoking and drinking alcohol at bars. We had wanted to hire this employee for a position in which he will work closely with clients and now we are having second thoughts. We certainly do not want him to smell like smoke when he meets with clients. Is there any legal problem with not hiring him?

Here’s some good news for employers that take sexual harassment complaints seriously. In Sutherland v. Wal-Mart, the 7th Circuit emphasized that an employer’s prompt response to an employee’s complaint of sexual harassment may protect it from liability.  

Q. We keep hearing that retaliation can be a bigger lawsuit worry for employers than even discrimination or harassment. What kinds of employment laws impose retaliation liability?

As part of a settlement with the U.S. Department of Justice, the city of Dayton has revised its police entrance examination. The DOJ and Dayton had settled a 2009 suit involving allegations that the city discriminated against black applicants who applied for jobs in both the police and fire departments.

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