Total Articles: 40
The Pros and Cons of Social Media Recruiting
The use of social media websites continues to
increase. A recent survey shows that 85 million
people currently use LinkedIn, 175 million use
Twitter and 500 million use Facebook. Earlier this
year, Facebook had one trillion page views in a
single month. According to the Pew Research
Center, the recent surge in social media use has
been most pronounced among people over age 35,
with 48 percent of those 36 and older using at least
one social networking site.
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.
Social Media & Hiring: Fewer Employers, More Politicians, New Users
Vetting job candidates online, particularly with social-networking sites like Facebook, continues to be the hot topic in the world of employment law. I recently wrote about a new SHRM survey, which reports that fewer employers are checking Facebook before hiring employees. And now it seems that Congress is concerned about the potential effects of social-media background checks, reports Kashmir Hill at Forbes. Jon Hyman’s comments about this news from our Nation’s Capital mirror my own, so I’ll point you towards his blog instead of saying the same thing twice.
Are Fewer Employers Checking Facebook Before Hiring?
The Society of Human Resources (SHRM), released the results of a recent survey about employers’ use of social-media in the hiring process. The findings may surprise some. According to SHRM’s survey, there are fewer employers using social-media sites to screen job applicants than there were in 2008. The employers who participated in the survey responded that three primary concerns were serious enough to deter them from looking online for information about a candidate prior to making an offer. Specifically, they identified: (1) “legal risks,” including potentially discovering “information about protected characteristics;” (2) lack of verifiable data; and (3) lack of job relatedness.
More Risks to Job Applicants with Questionable Social Media History
Have you seen the recent New York Times article, Social Media History Becomes a New Job Hurdle? If you haven’t, it’s definitely worth reading. I also thought it was quite timely as it hit on many of the same themes and topics we’ve been discussing lately.
PRIVACY IN HIRING PROCEDURES
With today's technology making a wide variety of personal information easily accessible, employers may uncover unprecedented data about applicants and employees with limited effort. Whether through a casual search or a thorough background investigation conducted by a third party, employers can obtain significant background information with the click of a mouse.
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.
Appellate Courts Hold No Violation in Employers’ Consideration of Bankruptcies in Hiring Decisions
The federal bankruptcy code states that a private employer may not “terminate the employment of, or discriminate with respect to employment against” an employee due to a bankruptcy. 11 U.S.C. § 525(b). An open question has been whether this prohibition applied to applicants for employment, as well. That is, whether an employer violated the bankruptcy code if it refused to hire an applicant due to a prior bankruptcy. Now, the U.S. Court of Appeals for the Eleventh Circuit in Atlanta, joining the Third Circuit (in Philadelphia) and Fifth Circuit (in New Orleans) has held that the Code provision does not apply to applicants. The Eleventh Circuit has jurisdiction over Alabama, Florida and Georgia.
Screening Job Applicants with Facebook: Part 3
Part 1 of this series addressed what employers should avoid when using Facebook or other social-networking sites to screen potential employees. In Part 2, we looked at some of the steps employers should take to minimize the legal risks associated with this practice. In this final part of the series, we look at two more steps that employers should consider implementing into their best-practice routine.
Don't use unemployment as a proxy when it's a poor predictor
Let’s play claim or no claim. An employer has an absolute rule that applicants for employment are rejected if, at the time of their application, they are unemployed.
Screening Job Candidates With Facebook: Part 2
Part 1 of this series addressed what employers should avoid when using Facebook or other social-networking sites to screen potential employees. In this post, we look at some of the steps employers should take to minimize the legal risks associated with this practice.
Screening Job Applicants with Facebook: Part 1
The popularity of social-networking sites, such as Facebook and LinkedIn, has exploded in the last several years. Facebook boasts more than 600 million users. Facebook has become a treasure trove of information for anyone looking to discover the “truth” about an individual’s private life.
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.
IRS Publishes FAQ To Help Employers With Two New Tax Benefits Aid Employers Who Hire and Retain Unemployed Workers.
In an effort to stimulate hiring, in a slowly recovering economy, Congress has enacted the Hiring Incentives to Restore Employment (HIRE) Act. HIRE provides two new tax benefits to employers hiring workers who were previously unemployed or only working part time.
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.
IRS Issues Employee Affidavit for the HIRE Act
As previously discussed in our March 19, 2010 Legal Alert, available on our web site at http://www.fordharrison.com/shownews.aspx?show=5932, President Obama recently signed the Hiring Incentives to Restore Employment (HIRE) Act. Among other things, the HIRE Act provides certain tax incentives for employers who hire "qualified employees" who have been unemployed for the preceding 60 days. Under the Act, a "qualified employee" is one who:
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.
Hire Act Signed Into Law.
On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment Act (the HIRE Act,
also referred to as the jobs bill), which is intended to create new jobs and provide incentives to employers to
hire the unemployed.
Obama's HIRE Act -- Explaining The Tax Provisions.
President Obama signed the Hiring Incentives to Restore Employment Act (the HIRE Act) on March 18, 2010. The HIRE Act provides $18.6 billion in tax provisions including $13 billion in tax breaks for hiring and retaining qualified workers. Additionally, the HIRE Act increases the expensing limitations under Section 179 of the Code for 2010 and expands the Build America Bonds program. Congress offset the costs of these tax benefits by increasing the disclosure and withholding requirements for certain foreign accounts and assets, increasing certain estimated tax payments for large corporations, and delaying the implementation of a law intended to help multinational taxpayers avoid double taxation on interest income. This Alert summarizes many of the tax provisions in the HIRE Act.
OUTSOURCING HIRING.
Outsourcing is in. Employers increasingly rely on third parties for human resources tasks such as payroll, benefits and leave administration.
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.
Summary of HIRE Act.
The IRS has issued a News Release explaining the new tax benefits that were part of the Hiring Incentives to Restore Employment (HIRE) Act. For each worker retained for at least one year, the employer will be entitled to a general business credit of up to $1,000 on its 2011 income tax return, as well as relief from certain employment taxes. These benefits are available to employers who hire and retain certain unemployed workers after Feb. 3, 2010 and before Jan. 1, 2011.
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.
Social Media & Hiring.
Our seminar today on social media for employers was great. Thanks to everyone who attended (live and online with apologies for the short interruption in audio to those online).
Proof that Looks Really Do Matter ... at Least for Resumes.
When it comes to resumes, Im not the only one who believes that looks really do matter. Admittedly, I am more particular than most when it comes to the appearance of documents. But typeface is one aesthetic upon which I do not stand alone.
New Hiring Restrictions for TARP Employers.
On February 17, 2009, President Obama signed into law The American Recovery and
Reinvestment Act of 2009 (commonly known as the Stimulus Bill), which imposes
restrictions on employers who are Troubled Asset Relief Program (TARP) recipients or
recipients of certain Federal Reserve loans. The new provision, called the Employ
American Workers Act, restricts TARP recipients and recipients of Federal Reserve loans
offered pursuant to Section 13 of the Federal Reserve Act from hiring foreign nationals in
H-1B (Specialty Occupation) visa status for a two-year period, unless the employer makes
certain attestations regarding displacement and recruitment of U.S. workers.
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.
Immigration: Pre-Employment Screening/Recruitment: The Do's and the Don'ts (pdf).
As part of the Immigration Seminar of June, 2006, Kevin Hennessy spoke on Pre-Employment Screening/Recruitment: The Do's and the Don'ts.
