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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

Avoid ‘overqualified’ label, often just another way to say ‘too old’

At the very least, avoid using the term in front of applicants or in any written materials describing them, such as interview notes. Rejected applicants could view the term as an age-related code word, thus sparking an age-discrimination lawsuit.

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Win lawsuits by documenting consistent, equitable interview process

When interviewing more than one candidate to fill a job, the easiest way to prevent failure-to-hire lawsuits is to ask the same questions of every candidate. That’s especially important when there are several rounds of interviews or when a committee conducts the interviews.

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What employers need to know about worksite enforcement plans

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations, the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and National Guard in deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.

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Beware the hidden risks of hiring based on ‘chemistry’

We’ve all thought it: “I just have a good feeling about this applicant.” Relying on subjective factors such as interview skills and personality is not the best way to pinpoint successful job candidates.

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Self-audit your I-9 forms before ICE comes calling

The crackdown on employing individuals not authorized to work in the U.S. is coming. Your I-9s will be front and center. Self-auditing them now and correcting errors will save you a lot of heartburn later.

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Employers beware: Negligent hiring concepts still apply

The concept of negligent hiring is based on the legal concept that employers are liable for illegal or negligent acts their employees commit if the employer knew or should have known that hiring the person would put others at risk.

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Prepare for immigration raids in 2025

When President-elect Trump takes office in January, expect him to make good on campaign promises to crack down on illegal immigration. While Candidate Trump promised during the campaign to immediately implement a program of mass deportation, President Trump is likely to encounter time-consuming delays due to logistics and litigation.

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Beware pre-hire exams that could reveal genetic information

In recent years, states have cracked down on employers that try to predict whether someone is going to be a reliable employee and not put a costly strain on their health insurance premiums. A recent case illustrates the danger of demanding pre-employment information on health risks.

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51% of employers now use AI in hiring

A survey by ResumeBuilder.com found that by the end of 2025, 68% of companies will be using AI to acquire new talent.

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DOL offers a framework for AI hiring decisions

In conjunction with the Partnership on Employment & Accessible Technology, the Department of Labor’s Office of Disability Employment Policy has a new publication and associated tools, AI & Inclusive Hiring Framework, both of which are geared toward hiring employees with disabilities.

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