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Total Articles: 49

Emerging Laws Prohibit Employers from Inquiring About Past Pay Histories

Executive Summary: Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender wage gap, four U.S. states, three cities, and the territory of Puerto Rico have recently passed laws that impose even stricter equal pay obligations on employers. These “past pay privacy” laws prohibit employers from seeking certain information about job applicants’ historical salaries. Without exception, these laws are gender-neutral. Thus, they aim to stop lower wages from following both women and minority workers in their professional careers and stop wage disparities from perpetuating in the United States labor market.

Ban the Box Legislation: Eclipsing the U.S.

Nationwide, there are approximately 29 states and over 150 cities and counties that have adopted some form of “ban the box” legislation. Although the legislation varies from one jurisdiction to the other, typically it requires employers to remove the criminal history check box from employment applications. This does not prevent employers from asking about criminal history, but it does limit when an employer can ask. Proponents believe that banning the box helps balance the inequities faced by convicted felons who are attempting to re-enter into the workforce; giving them a “fair chance.”

Summer Hiring – Are You Ready?

It may be hard to believe, but summer is less than six weeks away.

Hiring Millennials: What Employers Need to Know

What makes millennial workers different from those of other generations? Are they the spoiled, self-centered, instant gratification workers as sometimes portrayed, or are they the team-oriented, multi-taskers who are tech-savvy? While it’s possible they could have all of these attributes, only the strategic employer knows how to capitalize on these characteristics.

Analyze This: Unconscious Bias in Recruiting and What to Do About It

Managers generally hire people they like who do not threaten them, notes talent management expert Josh Bersin, of Bersin by Deloitte. But the person who might be the most fun to have a beer with at the office holiday party is not necessarily the most qualified candidate.

"Fake News" and the Hiring Process: Addressing Risks Before It’s Too Late

Fake news is on everyone’s minds these days to say the least.

3 Ways to Use Digital Platforms for Recruiting

The widespread availability of high-speed internet and the digital platforms that run on it have transformed virtually every aspect of our lives. From paying bills to watching shows to selling attic ware, many of our transactions take place in the form of strings of ones and zeroes.

What Employers Legally Can and Can't Ask You During a Job Interview and Salary Negotiation

Catharine Morisset’s article “What Employers Legally Can and Can't Ask You During a Job Interview and Salary Negotiation” was featured on Pay Scales on January 14, 2016.

Don't Fear The Future: Using Instagram As A Recruiting Tool

By now, most employers recognize that they shouldn’t peek at the social-media profiles of applicants for all sorts of reasons. It’s sort of like driving past an applicant’s house hoping that you can catch a glimpse of their private life through their front window. While in most states that might be legal, it’s a pretty stupid idea.

Are Resumes Passé? Enter the EQ Test

Most of the time, when London-based private equity firm Sovereign Capital administers an emotional intelligence test on a prospective hire, the results are not too dramatic.

The Hiring Advantage of High-status Firms

I have discovered that our [MBA] students talk about becoming an ‘MBB.’ That’s [a reference to] ‘McKinsey Bain BCG’, the three highest-status consulting firms,” says Wharton management professor Matthew Bidwell, co-author of a recent paper titled, “I Used to Work at Goldman Sachs! How Firms Benefit From Organizational Status in the Market for Human Capital.”

Next Year's Headache for Employers

Not to ruin the Christmas season, but when you get through the holidays and start focusing again on looming legal issues, you might want to read this article, Lawsuit Raises FCRA Fears, by Kristen Fratsch in Human Resource Executive On Line.

What Do an Application Process and a Suit Claiming Discrimination Have in Common?

The Third Circuit Court of Appeals recently upheld a lower court’s summary judgment decision, finding that an applicant who refused to complete an application without some guarantee that a particular individual would not participate in the hiring process could not support a claim of race discrimination. Murray v. Beverage Distribution Center, Third Circuit Court of Appeals, No. 11-1938, unpublished, July 29, 2013.

Becoming A Resume Lie Detector

Society of Human Resource Management studies show that 53% of job applicants lie on their resumes. Other research has placed the number at between 30% and 50%, with one 2011 study saying that 80% of resumes are – at a minimum – “misleading.”

Why Being the Last Interview of the Day Could Crush Your Chances

Sorry, grad school applicants. According to new Wharton research, not only must prospective students or job seekers compete against a crowded field of equally appealing candidates, but they also must shine when compared to the randomly selected cluster of applicants who have interviews scheduled on the same day.

Legal Alert: Employers Must Be Prepared to Use Revised FCRA Forms Beginning January 1, 2013

Executive Summary: Beginning January 1, 2013, employers must use the revised forms issued by the Consumer Financial Protection Bureau (CFPB) in November 2012 to conduct background checks under the Fair Credit Reporting Act (FCRA).

Hiring Gaining Momentum

The latest Manpower Employment Outlook Survey shows continued momentum in hiring expected in Q1.

EMPLOYMENT LAW MADE UN-SCARY: FCRA

They don’t have to be. As a public service, from now until my special Halloween webinar Answers to the World’s Scariest Employment Law Questions, I’ll be tackling each major law one by one to give you what you REALLY need to know. By the end, you’ll have handy one-page cheat sheets for each and every law and your terror level will be reduced to zero.

Employer Deadline to Update FCRA Notices

Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act ("FCRA" or "the Act"). The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau ("CFPB") assuming enforcement authority over the FCRA. Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.

E-mails Ignored, Meetings Denied: Bias at the Search Stage Limits Diversity

Much of the talk about ending workplace discrimination focuses on gateways -- that is, what happens after a woman or a minority candidate applies to college or sends in a resume for a particular job.

Race, Gender and Careers: Why 'Stuffing the Pipeline' Is Not Enough

When Wharton operations and information management professor Katherine L. Milkman was earning her doctorate at Harvard University in business and computer science, it became clear that she would pursue a career as a professor. As she started looking around at job prospects, it also became evident that academia (particularly in her chosen field) was awash with white males. That's when inspiration struck.

Hiring Worst Practices

Elvis, donuts and bad HR

Why Good People Can't Get Jobs: Chasing After the 'Purple Squirrel'

Knowledge@Wharton: Peter, thanks for joining us. You cover a lot of ground in this book, but one of your themes is that, given the weak economy and bleak job market, companies have a bigger pool of job applicants to choose from and, therefore, can be much more selective in hiring.

How to Hire If You Want to Get Fired

A highly educational video featuring a collection of hiring "worst practices." How many can you spot?

Why the Job Search Is Like 'Throwing Paper Airplanes into the Galaxy'

"Wanted: smart, creative, dedicated individual to design efficient system that matches companies' job listings with people looking for work. Contact the HR industry."

Interviewing The Pawn Stars Way

Viewers of the popular television show "Pawn Stars" (The History Channel) know that recently the owner, Rick Harrison, and his father, "the old man," have been interviewing applicants for the night shift. Here is their exchange when the old man sat in on one of the interviews:

A Down Economy – An Increase In Hiring Dangers

With the unemployment rate in the United States continuing to flirt with record highs, employers are faced with a swell of job applicants and a larger pool of qualified candidates for open positions. The glut of applicants in comparison with the dearth of jobs has left many hardworking and qualified individuals unemployed for an extended period of time.

Considering A Job Applicant's Prior Bankruptcy Filing During The Hiring Process

A recent decision from the United States Court of Appeals for the Eleventh Circuit affirms a private employer's right to deny employment to a job applicant on the basis of the applicant's previous bankruptcy filing. This particular holding only impacts private employers in Alabama, Florida and Georgia. However, the Eleventh Circuit now joins the Third and Fifth Circuit Courts of Appeal in approving a private employer's right to consider this information in the hiring process. Accordingly, for now, private employers in the following states may safely consider bankruptcy filings when making hiring decisions: Alabama, Delaware, Florida, Georgia, Louisiana, Mississippi, New Jersey, Pennsylvania and Texas.

A Successful Employment Relationship Starts With A Good Interview

Let's face it, if you have conducted any number of interviews, you know that all things being equal on paper, the face-to-face meeting with an applicant can be invaluable. For years, I advised job seekers on how to achieve the "fit-in factor" with an employer during an interview. Like it or not, this is often the ultimate hiring criteria. Will this applicant fit in with the corporate culture? Will this person enhance the cohesiveness of out "team" atmosphere? Will this individual grow with the company and contribute towards its goals and success? The fit-in factor! Or, from the applicant's perspective, the most important response to the question: "Why should I hire you?"

The Use Of Social Media in Hiring - Risks and Tips

With the current economy as it is, more than ever businesses are trying to make sure that they make wise hiring decisions. Companies want to find a person who fits with the corporate culture, who projects an appropriate image and who can succeed. Historically, employers have researched potential hires through their applications, questionnaires, interviews, references (both personal and business), background checks, credit checks, and drug tests.

Not a Lost Generation, but a 'Disappointed' One: The Job Market's Impact on Millennials

They are one of the biggest generations in American history, and they are certainly the best educated. But for Generation Y -- a group of young people some 70 million strong between the ages of 15 and 30 -- the future seems anything but bright.

To Rehire Or Not To Rehire

Over the last two years, many companies have faced periods of uncertainty and decreased profits. In order to keep the doors open and the lights on during this time, most companies have instituted cost-cutting measures. In addition to cutting benefits and perks, many companies have been forced to engage in hiring freezes, layoffs and even closures.

Federal HIRE Act Includes Payroll Tax Breaks

On March 18, 2010, President Obama signed into law the Hiring Incentives to Restore Employment (HIRE) Act (the “HIRE Act”). The HIRE Act is intended to stimulate employment by, among other things, providing $17.6 billion in tax incentives to businesses to hire unemployed workers, and extending a small business expensing tax break.

'Talking the Talk': Jeff Schwartz on Building Talent During a Downturn

Although many business leaders are not convinced that the worst of the global economic crisis is over, there is no better time than the present for top executives to ramp up their recruiting of top talent, launch new in-house programs for training future leaders, and map out a formal succession plan covering the CEO or other top officials.

A Crash Course in The New HIRE Act.

Newly-hired teachers and staff may provide your school with tax benefits under recently enacted legislation. On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law as part of an ongoing effort to reduce the nation's unemployment rate and spur job creation. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees.

What You Need to Know About Hiring Summer Help.

As the summer approaches, students are planning for their futures. Do they want to backpack through Asia, take summer courses, or take up a summer job? For the group who wants to take up a summer job, you, as an employer, may find yourself with many available workers who are eager and willing to work in order to pad their wallets or their resumes. What kinds of things must you look for when hiring temporary, summer help though? Here are a few hot spots to keep your eyes on:

Out-of-Bounds Questions Can Cost Employers.

Recently, Miami Dolphins executive Jeff Ireland weathered a storm of public criticism following the revelation that, during an interview before the NFL draft, he asked wide receiver Dez Bryant whether his mother was a prostitute. While the former Oklahoma State star had been suspended last season for NCAA rules violations and reportedly had "character" issues, Ireland's out-of-left-field question left many observers wondering if he had been playing football without a helmet.

The HIRE Act: Who, What & How.

In an effort to reduce the nation's unemployment rate and spur job creation, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act into law on March 18 of this year. Under the HIRE Act, also commonly referred to as the "jobs bill," employers may qualify for tax benefits by hiring workers who were previously unemployed or working only part-time, and for retaining those employees. Specifically, employers who hire qualified individuals between February 3, 2010 and January 1, 2011 may receive a 6.2% payroll tax incentive. You may also claim an additional tax credit of up to $1,000 per worker if they are retained for a minimum of one year.

The Long and Short of Hiring.

Do you discriminate in your hiring against the vertically challenged? If so, you might be a heightist. But is that a bad thing?

The IRS has developed a form affidavit to confirm that an individual is a "qualified employee" under the new HIRE Act.

The Internal Revenue Service has developed a form (Form W-11) for use by employers to confirm that an employee is a qualified employee under the Hiring Incentives to Restore Employment (HIRE) Act. While it is acceptable to use a similar statement, such alternate statement will only be acknowledged by the IRS if it contains the information set forth in Form W-11, and the if employee signs it under penalties of perjury. As set forth in the version of the Act signed by President Obama last month, an employer may not claim HIRE Act benefits, including the payroll tax exemption or the new hire retention credit, unless the newly hired employee completes and signs an affidavit or statement under penalties of perjury, and is otherwise a qualified employee.

Linking Passion and Career: The Perils of Nonprofit Recruiting.

The conventional wisdom on the campuses of elite universities used to be that the nonprofit sector could never compete for top job seekers against big-name Wall Street players like Goldman Sachs or consulting firms like McKinsey that promised a meteoric career path.

Newly Signed “Jobs Bill” Provides Tax Breaks to Companies That Hire Unemployed Workers.

On March 28, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which contains more than $17 Billion in tax credits aimed to stimulate employment, and includes $20 Billion for highway and transit infrastructure programs. One of the most important provisions for businesses is a tax credit for hiring from the ranks of the unemployed.

Newly signed "jobs bill" provides tax breaks to companies that hire unemployed workers.

On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which contains more than $17 Billion in tax credits aimed to stimulate employment, and includes $20 Billion for highway and transit infrastructure programs. One of the most important provisions for businesses is a tax credit for hiring from the ranks of the unemployed.

Linking Passion and Career: The Perils of Nonprofit Recruiting.

The conventional wisdom on the campuses of elite universities used to be that the nonprofit sector could never compete for top job seekers against big-name Wall Street players like Goldman Sachs or consulting firms like McKinsey that promised a meteoric career path.

Retail Industry: Holiday Hiring: ‘Tis The Season To Be Careful!

Many companies need to take on extra help around the holidays, retail stores more so than most. Poor hiring decisions this holiday season could have repercussions on employers and turn a profitable season into a costly discrimination lawsuit. Well-planned hiring practices that comply with federal, state and local employment laws can help ensure that seasonal employees are well-suited for the job, and that the company is in a position to defend any possible claims. Here are six tips to ensure success and keep the peace in your workplace.

The Employment Application: More Than a Formality.

With a tightening economy, those employers fortunate enough to be hiring can't afford to make bad hiring decisions. Among other problems, bad hires can result in high turnover, low production, workplace disruption, abuse of benefits and creation of legal risks.

Hiring from Outside the Company: How New People Can Bring Unexpected Problems.

As life-long employment fades and the workforce becomes increasingly mobile, many companies look to hire skilled, experienced workers to improve productivity quickly. Those workers, however, often bring baggage from prior jobs that can negate the benefits of their prior experience, according to new Wharton research.

The Talent Hunt: Getting the People You Need, When You Need Them.

Ask any CEO or senior level executive what his or her biggest challenge is, and the answer is almost always finding and keeping good people. Yet most executives fail to manage their company's needs in a way that recognizes the unpredictability of the global marketplace.

Who Will Play the Lead in Your Company’s Next Performance? The Beauty or the Beast?

Let's say you are a restaurant manager responsible for interviewing candidates for a maitre d' position. You narrow the applicant pool down to two candidates. Both applicants have similar employment histories, education, and job experiences. But during the interview process, you discover something that sets applicant two apart from applicant one. Here's how the interviews play out.