At a Glance: Hiring Employees in USA

Background information on applicants Background checks Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party? Federal law does not generally restrict background checks of applicants and employees provided that the employer conducts the check directly rather…

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Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees

Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre-employment background checks to protect prospective employees from perceived unfair or illegal treatment. Given this trend, we thought…

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Calling Workers ‘Family’ a Red Flag, Job Candidates Say

When HR professionals refer to colleagues as “family,” it worries potential employees that there aren’t boundaries between work and home, a People Managing People survey found. Nearly 1 in 5 (18%) job candidates say it’s a red flag if an interviewer refers to the company as a “family” during an interview, a study by People…

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How to Minimize Your Risk in an Offer Letter

You have found the best candidate for the job you’re filling, and your offer is accepted, but sometimes unpredictable things happen. For example: What if you need to rescind an offer of employment? What if a candidate starts before their background check is complete and they don’t meet the requirements of the job when the…

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Quiet Quitting and Today’s Workforce Challenges

The American workforce is in crisis, buffeted by one challenge after another – some recent, and some, like demographic changes, that have been building for decades. At a recent employment law seminar – our first in-person employment program since 2019 – Pierce Atwood brought together clients from health care, higher education, accounting, the nonprofit sector,…

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The Benefits of Hiring People With No Experience

One of the greatest battles that people fresh out of school or looking to make a career shift face is how to get relevant experience if no one will hire them without relevant experience. In job listings, there’s typically an unspoken understanding that a position calling for “0-2 years of experience” doesn’t really mean zero.…

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EEOC Issues New Guidance on Disability Bias and Algorithmic Employment Assessments

The Equal Employment Opportunity Commission (EEOC) recently released guidance to help private sector employers avoid disability discrimination when using algorithms to assess employees and applicants.  The guidance explains the ways in which software that relies on algorithmic decision-making can run afoul of Americans with Disabilities Act (ADA) requirements. The guidance also includes “promising practices” to…

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Sands Shift for Background Screening for Manufacturers

Manufacturers have other reasons to want to know about their workers. Manufacturing employees often operate equipment or control processes that require vigilant attention and where, for example, drug impairment might have severe consequences. In addition, other manufacturing employees have access to large quantities of valuable supplies, making potential theft a costly risk. Background checks are…

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Holding On, Loosely: Incentives for Employee Retention

Let’s talk about problems with retention bonuses and overtime—as if finding qualified workers wasn’t tough enough. According to the most recent report from the Bureau of Labor Statistics, nonfarm employment rose by 428,000 in April 2022. However, some sectors are still struggling and “now hiring” or “help wanted” signs are everywhere. As a result, many…

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