Category Archives: Hiring Process

What Does HR Have to Do with a Med Mal Case for Long Term Care Providers?

It is no secret that HR professionals and executives are the gatekeepers for so many workplace legal concerns. With long term care providers, the focus on patient care is always paramount; but mitigating risk goes hand in hand with your day-to-day staff operations. This patient care and employee/employer behavior reaches an immediate, pivotal crossroads when a medical malpractice claim is filed. Now, the facility’s HR practices are heavily scrutinized to determine if and what was known about the offending employee from the time of hire to the reported incident and steps taken by the employer to correct and more.  Brian …

[ CONTINUE READING ]

California Implements Statewide “Ban the Box” Law Effective January 1, 2018

  California has become the tenth state to pass the “ban-the-box” law which removes the conviction history question on job applications for private employers with five or more employees.   Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, Oregon, Rhode Island, and Vermont have already passed ban-the-box laws statewide. Assembly Bill 1008 signed by Governor Jerry Brown will become effective January 1, 2018.  AB 1008 adds a section to the California Fair Employment and Housing Act (FEHA) which prohibits an employer from engaging in various defined forms of discriminatory employment practices. Employment Application.  AB 1008 makes it an unlawful employment practice under …

[ CONTINUE READING ]

USCIS Requires Interviews for Employment-Based Adjustment of Status Applications Beginning October 1

October 1, 2017 marks the start of the United States Citizenship and Immigration Services (USCIS) mandate of an in-person interview for any individual adjusting from an employment-based status to permanent residency (Form I-485 adjustment of status interviews). The requirement will also take effect for family members of refugees or asylees applying for derivative refugee or asylee status (Form I-730 refugee/asylee relative interviews). USCIS currently requires interviews for family-based green card and naturalization adjudications, whether that potential beneficiary is applying for adjustment of status in the U.S. or undergoing consular processing abroad. However, the interview requirement is generally waived for the …

[ CONTINUE READING ]

Is Gender Identity a Protected Class?

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.”  Yesterday, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal government’s stance regarding whether gender identity is a protected class under Title VII of the Civil Rights Act of 1964 (Title VII). Attorney General Jeff Sessions communicated in a letter to all U.S. Attorneys on October 4, 2017 that Title VII does not cover bias based on transgender status.  The letter reverses a position taken by former Attorney General Eric Holder in December 2014.  Attorney General Sessions wrote, “This …

[ CONTINUE READING ]

Proposed NJ “Facebook” Bill Will Challenge Employers

New Jersey employers will not “like” a so-called Facebook bill that’s pending in the New Jersey Legislature. The bill, which will likely pass, illustrates the trend towards limiting employers’ use of social media for hiring and firing decisions. In its current form, the bill (A-2878) would prohibit employers from requiring a current or prospective employee to provide or disclose any user name or password, or in any way provide the employer access to a personal account or service through an electronic communications device.

Trending: The Unemployed as a Protected Class

As reported at the time, President Obama’s 2011 jobs bill included a proposal to prohibit discrimination on the basis of a job applicant’s status as unemployed. The proposal identified discrimination toward the long term unemployed as a contributing factor to the nation’s staggering unemployment statistics. In essence, the proposal would have made the unemployed a protected class in the same manner that race, religion and sex are now. Although the jobs bill has since languished, similar proposals are trending. Whether discrimination towards the unemployed is a problem is debatable. Data suggesting the unemployed are subject to widespread and systematic discrimination …

[ CONTINUE READING ]

Are You Hiring Litigation?

Understanding and Managing a New Hire’s Contractual Obligations To a Prior Employer Prudent employers take steps to ensure that their employees do not disclose their confidential information and, in appropriate circumstances, contractually restrict them from soliciting their customers and employees after leaving employment.  But what about the contractual restrictions that new employees may have to their former employers?  The time to find out about non-compete, non-solicitation and non-disclosure agreements is during the hiring process.  Overlooking this key step in hiring due diligence can have dire consequences.  The new employer may be sued for damages by the former employer for interfering …

[ CONTINUE READING ]