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Employment Law Updates
& Best Practices for Employers

Category Archives: Hiring

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Feats of Strength: EEOC sues CSX for Employee Strength Tests as Gender Discrimination Under Title VII

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Government, Hiring, Title VII of the Civil Rights Act, Workplace Policies
The EEOC recently filed suit against CSX Transportation, Inc. (“CSX”) in Federal Court in West Virginia, on behalf of a nationwide class of female employees.[1]  In the suit, the EEOC alleges that CSX’s policy of requiring employees and job applicants to pass certain physical strength tests in order to be eligible for certain positions has… Continue Reading

Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

Posted in Government, H-1B, Hiring, Immigration
In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including: institutions of higher education; nonprofits related to or affiliated with an institution of higher education; or nonprofit research or governmental research organizations. Premium Processing will also… Continue Reading

Equal Pay Protections Upset by Recent Ninth Circuit Ruling

Posted in General Labor and Employment News and Updates, Hiring, Wage Equity Ordinance
On April 27, 2017, the Ninth Circuit Court of Appeals ruled that an employer was allowed to base “a pay differential on prior salary so long as it showed that its use of prior salary effectuated some business policy and that the employer used the factor reasonably in light of its stated purpose and its… Continue Reading

Spring Cleaning – Check Your Background Disclosure Form For FCRA Violations

Posted in FCRA, Hiring
In a trend that show no signs of slowing down, lawsuits continue to be filed against employers for violating the Fair Credit Reporting Act’s (“FCRA”) strict requirements concerning background check disclosure forms. If the past is any indication of the future, many of the lawsuits, some of which are class action, will settle prior to… Continue Reading

Heads or Tails? New Guidance from the Supreme Court Nearly Flips Religious Accommodations Law on Its Head

Posted in Hiring, Workplace Policies
On Monday, June 1, 2015, the United States Supreme Court held that an employer may not refuse to hire an applicant if the need for a religious accommodation was a motivating factor in the employer’s decision, unless the accommodation would pose an undue hardship. In EEOC v. Abercrombie & Fitch Stores, Inc., U.S., No. 14-86… Continue Reading

Congress Acts To Help Employers That Are Compelled By State Or Local Laws To Exclude Employees With Certain Criminal Histories

Posted in Hiring
Employers across a number of industries are required by state or local laws to exclude from their workforce employees with certain criminal backgrounds.  For example, Ohio state law prohibits school districts from employing teachers who have been convicted of specific crimes regardless of when the conviction occurred.  The specific crimes include growing or dealing marijuana… Continue Reading

Restrictive Covenant Enforcement: It’s About More Than Just Limits Of Time And Geography

Posted in Employee Leave Management, Hiring, Noncompetition Agreements, Restrictive Covenants, Uncategorized
Employers spend substantial resources training employees to fit the goals of their organizations. Often times, this includes providing the employee access to confidential information, introducing the employee to key business contacts, or providing the employee with specialized instruction on how to efficiently and effectively perform the role. Post-employment restrictive covenants, such as non-competition and non-solicitation… Continue Reading

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

Posted in Hiring, Immigration
At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is critical to compliance with federal employment regulations. The answer is a resounding, “NO!” The E-Verify program does not… Continue Reading

Interviewing Applicants? What Employers Can’t Ask in Interviews

Posted in Hiring
If you are the interviewer, there actually is such a thing as a stupid (and perhaps unlawful) question in an interview. The key to developing appropriate interview questions that are both useful in obtaining relevant information and also legal is to train those involved in the interview process. Participants in the interview process, regardless of… Continue Reading

New Jersey Court Upholds Use of Job Application to Shorten Statute of Limitations for Employment Claims

Posted in Hiring, Workplace Policies
According to a recent decision from New Jersey’s intermediate appellate court, employers in New Jersey can now reduce the statute of limitations for employment claims by adding the appropriate language to their job applications. Employment claims in New Jersey are often brought under the New Jersey Law Against Discrimination (“NJLAD”), which allows for a private… Continue Reading