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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Some employees and applicants think that if they sue often enough, they’ll eventually end up collecting the pot of gold at the end of the rainbow. Fortunately, judges don’t like wasting valuable courtroom time on meritless cases. More and more, they are blocking efforts to file additional lawsuits by employees acting as their own lawyers.

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?
Do you try to cut labor costs by hiring independent contractors to do employees’ jobs? If so, consider this risk: Both employees and independent contractors who do the same or similar work could join together and sue over unpaid wages and overtime.
InterCall, the world’s largest provider of teleconferencing services, will pay $700,000 to 151 minority job applicants after a DOL investigation concluded the company systematically excluded minority candidates from sales associate positions at its Chicago office in 2006 and 2007.

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.  

You knew it was going to happen. With so much revenue at stake, the IRS has begun correspondence audits of employers that claimed the 6.2% Social Secur­ity credit against wages paid to new hires under the 2010 Hiring Incentives to Restore Employment (HIRE) Act.

How do you decide between two equally worthy candidates? When in doubt, hire the person with the best writing skills, says Kris Dunn, chief human resources officer for Kinetix and author of “The HR Capitalist” blog. Here’s why.

You may have heard that the U.S. Citizenship and Immigration Services published final regulations—which took effect May 16, 2011—regarding employers’ Form I-9 employment verification practices. The good news: You don’t need to change any of your current practices—as long as your forms and practices are up-to-date.

Can employees be fired for being too fat? Can a job candidate who is missing her front teeth be turned down? Is it OK to hire or fire someone because of personal grooming or appearance? Most likely, the answer is yes.

Overtime pay. Discrimination. Family leave. Harassment ... Federal employment laws govern all of these issues – and many more – that you deal with at some point in your career.  It's important for supervisors and managers to know the basics of how to comply with those laws. Here's a list of the top 10 most important federal employment laws:

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