News

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.

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Use subcontracted workers? Prepare for ICE action

The coming Immigration and Enforcement crackdown on immigrants lacking legal status won’t affect you or your employees if you know—because of their I-9 documentation—that they are legally allowed to work in the U.S. However, you may not be so confident if you use subcontractors or temporary workers.

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New Jersey marijuana laws prohibit applicant lawsuits

In 2022, New Jersey voters approved an amendment to the state constitution that decriminalized the use and possession of marijuana. Recently, Walmart argued that employers can refuse to hire someone who tests positive for marijuana.

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Don’t freeze if ICE comes to your door

The new administration has declared a national emergency related to immigration and has made it abundantly clear it will ramp up workplace raids. Obviously, this encompasses, but goes way beyond, ensuring your I-9 forms are in order. You must be vigilant.

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What to do if you revoked job offer because of erroneous background check

Sometimes, even the best vendors accidentally investigate the wrong person, uncovering erroneous information that leads employers to rescind a job offer. What should employers do when they discover such a mistake?

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What are the boundaries of nepotism in HR?

Are there legal problems with an HR associate interviewing his or her sibling for a job opening?

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Reference agreed to talk about candidate? Here are questions you can legally ask

Having a list of references won’t do you any good if you can’t get them to open up to you about a job applicant. But if you are able to get an applicant’s former supervisor on the line, you’re halfway there.

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Prepare for Trump administration’s impact on DOL

With each change in administration, there’s a change in how federal agencies operate. When President-elect Trump takes office Jan. 20, expect rapid change at the U.S. Department of Labor.

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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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