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Report Link City's Pre-Employment Drug Testing Requirement Unconstitutional for Non-Safety-Sensitive Library Position.Jackson Lewis LLP - March 26, 2008 Public employers beware! A city’s blanket pre-employment drug and alcohol testing policy, requiring that finalists for city positions be tested for drugs and alcohol, has been held unconstitutional under the Fourth Amendment to the United States Constitution when applied to an applicant for a library page position. The U.S. Court of Appeals for the Ninth Circuit ruled that the pre-employment testing policy of the City of Woodburn, Oregon, is a search within the meaning of the Fourth Amendment, and therefore must “fit within the closely guarded category of constitutionally permissible suspicionless searches.” Report Link Who Will Play the Lead in Your Company’s Next Performance? The Beauty or the Beast?Fisher & Phillips, LLP - March 12, 2008 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. Report Link New EEOC Fact Sheet Reminds Employers to Vet Screening Criteria Carefully.Jackson Lewis LLP - December 13, 2007 Employment tests such as cognitive tests, criminal background checks and physical ability tests can often help employers sift through large pools of job applicants and employees seeking promotion. A new fact sheet issued by the U.S. Equal Employment Opportunity Commission ("EEOC") reminds employers to be careful in deciding what tests to use and how to score those tests. While the fact sheet does not stake out new ground, the EEOC's focus on an increase in testing-related discrimination charges should impel employers to ensure that their own procedures comply with federal anti-discrimination laws. Report Link Hassle-Free Holiday Hiring.Elarbee, Thompson, Sapp & Wilson, LLP. - December 06, 2007 The 2007 holiday shopping season has arrived. The National Retail Federation estimates that holiday sales will reach nearly $475 billion this year – an increase of four percent over last season. Undoubtedly, the increase in sales will require an increase in seasonal staffing. In addition to retailers, the seasonal activity will also directly affect the restaurant and hotel industry. Report Link Be Proactive to Minimize Potential Liability In Negligent Hiring and Retention Lawsuits.Elarbee, Thompson, Sapp & Wilson, LLP. - January 24, 2007 A review of recent case filings indicates that restaurants and hotels increasingly are being sued under the negligent hiring and retention doctrines. In these lawsuits, plaintiffs are seeking to hold companies directly liable for employees who commit torts against their coworkers or third parties. For example, a Pennsylvania jury recently awarded over $365,000 to a customer injured by a bouncer who was hired despite having very little experience and a history of unruly behavior. Similarly, an Alabama jury recently awarded a plaintiff $29 million based on theories of vicarious liability and negligent retention after one of the defendant’s delivery drivers caused a fatal automobile accident while high on methamphetamines. In that case, the plaintiff successfully argued at trial that the defendant had negligently retained the driver when it did not drug test him and continued to employ him despite receiving complaints alleging erratic behavior. Report Link Immigration: Pre-Employment Screening/Recruitment: The Do's and the Don'ts (pdf).Vedder Price - July 13, 2006 As part of the Immigration Seminar of June, 2006, Kevin Hennessy spoke on Pre-Employment Screening/Recruitment: The Do's and the Don'ts. Report Link Multistate Employers Should Review Their "New Hire" Reporting.Littler Mendelson, P.C. - April 12, 2006 Most employers are by now familiar with the general obligation, in existence since October 1, 1997, due to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, to report new hires to the federal New Hire Registry (NHR) through a state reporting process. Some states also have enacted requirements to report independent contractors. What some employers may not know is that when they have employees in multiple states, they may report all new hires to a single state. Report Link Five Ways to Make Your Recruiting Process Better Than Ever.Rothgerber Johnson & Lyons LLP - April 14, 2005 I've heard it a million times: an employer puts an ad in the newspaper to recruit for a new position and the ad generates 200 applications! Large employers are well equipped to deal with that volume, but for small to mid-size employers, it is a major headache. Report Link Five Things to Remember When Screening Applications.Rothgerber Johnson & Lyons LLP - October 06, 2004 Some open positions generate piles of applications and some generate only a few. Report Link Offer Letters: Traps for the Unwary.Jackson Lewis LLP - August 10, 2004 Two decisions by the California Court of Appeal demonstrate the need for employers to be cautious about the representations they make in oral and written offers of employment. Report Link Lawful Employment Recruitment Questions and Procedures [PDF File].Seaton, Beck, Peters, Bowen & Feuss, P.A. - April 30, 2002 Although the economy continues to experience layoffs, many employers have begun to hire again. The increased applicant pool should encourage employers to “tighten up” applicant screening procedures which were abandoned while applicants were scarce. Employers should be careful not to “tighten” their hiring criteria too much, however, in order to avoid legal liability for alleged discrimination. Report Link Informing Applicants That Their Applications Will Be Kept on File and Considered for Future Openings Can Lead to Claims of Discrimination Years After the Application Was Submitted [PDF File].Akin Gump Strauss Hauer & Feld, LLP. - December 01, 2001 Discusses Douglas v. California Department of Youth Authority, No. 99-17140 (9th Cir. November 14, 2001), in which the court held that employers who create
an appearance or expectation of future employment consideration may simultaneously create potential liability
for discrimination claims. Report Link The Legal Nuts and Bolts of Hiring Employees.Lowenstein Sandler PC - March 27, 2001 Address a host of issues that are involved with hiring employees, including job advertisements, recruiters, applications and interviews, applicant medical information, drug testing, and negligent hiring. Report Link Using Arrest, Conviction, and Misdemeanor Information in the Hiring Process [PDF File].SearchInfo.com - (No Date) It is a common belief that the Equal Employment Opportunity Commission (EEOC) prohibits the use of arrest
and misdemeanor information in the hiring process. As is discussed below, this is not the case. What the EEOC
does prohibit is the use of arrest and misdemeanor information to exclude an applicant from employment
without considering the four factors below.
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Employment Law Seminars
PREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT'S ALL ABOUT RESPECT (AB1825 COMPLIANCE)
Sacramento
March 12, 2008 Shaw Valenza LLPUNDERSTANDING YOUR ETHICAL RESPONSIBILITIES AT WORK (AB 1234 COMPLIANCE)Sacramento
May 13, 2008 Shaw Valenza LLPPreventing Wage/Hour Class Actions.Online
May 13, 2008 LittlerHOW TO CONDUCT EFFECTIVE INTERNAL INVESTIGATIONSSacramento
May 13, 2008 Shaw Valenza LLPHow to Stay Union FreeLas Vegas
2008-5-13 Jackson Lewis LLPConducting Effective Investigations of Employment Claims: Essential Skills for Internal InvestigatorsHouston
May 13, 2008 Littler2008 Public Sexual Harassment Training for supervisors and managers.Universal City
May 13, 2008 Ballard RosenbergSHRM Morris County Monthly Legal UpdateFlorham Park
2008-5-14 SHRM Morris County ChapterThe Connecticut Sexual and Other Harassment Education and Training in the Workplace ActHartford
2008-5-14 Jackson Lewis LLPDigital Dangers: Recent E-Discovery Developments and TrendsLas Vegas
May 14, 2008 Littler |
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