Illinois Artificial Intelligence Video Interview Act Effective January 1, 2020

Artificial intelligence (AI) is becoming more and more prevalent in workplaces today and is changing the way we hire. Illinois is the first state to create regulations around using AI for video interviewing and its law becomes effective January 1st, 2020.   Continue reading

Form I-9 – What Is It and How Do I Complete It?

Federal Law stipulates that employers only hire individuals who can legally work in the United States, either U.S. citizens or foreign citizens who have the required authorization. To act in accordance with the law, all employers must complete and preserve Form I-9 (Employment Eligibility Verification) to document verification of the identity and employment authorization of all new employees, citizens and noncitizens, to work in the United States.

Employees and employers (or authorized representatives of the employer) must complete the form. The employee must complete Section 1, which they must confirm to their employment authorization. The employee must also present their employer with suitable documents providing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) the employee presents to determine if the document(s) appear to be authentic and relate to the employee and record the document information in Section 2.

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Top 5 Mistakes That Lead to a Poor Hire

Hiring a new employee comes with the potential of making a myriad of mistakes. Aside from mistakes with potential legal ramifications such as discriminatory hiring practices, there are a number of other mistakes commonly made by employers which can easily be avoided.  Quite possibly the biggest hiring mistake that can be made is hiring the wrong person. There are tremendous costs associated with hiring the wrong candidate: for example, advertising costs, interview costs, background and drug screening costs, training costs, and probably a negative affect on morale for your other employees. Generally it’s less expensive to continue your search for the ideal candidate rather than settling on the wrong one and terminating the bad hire. Continue reading

Drug and Alcohol Testing Rules and How Legalized Marijuana Affects the Workplace

With more and more states legalizing marijuana for medical purposes and/or for recreational purposes, many employers are unsure what they can and cannot do in regards to drug and alcohol testing and substance abuse policies.

There is no federal law that prohibits drug and alcohol testing, nor are there any federal regulations providing specific requirements for drug and alcohol testing for private employers. Some states do have specific requirements, so it’s important for employers to be aware of the rules in place in each state for which they have employees to remain in compliance. Listed below are brief summaries by state of rules relating to drug and alcohol testing and medical or recreational marijuana in the workplace where either have been legalized.  Continue reading

New York City Employers Banned from Asking Applicants About Salary History

Effective October 31, 2017 New York City becomes the next city following the recent trend of prohibiting employers from asking job applicants about their salary history.

Employers will no longer be able to legally ask applicants about their pay in former positions held nor can they search any publicly available records or reports to obtain the applicant’s salary history. Continue reading

West Virginia Safer Workplace Act

Effective July 7,2017, employers in West Virginia will have significantly expanded rights to implement mandatory drug testing policies for applicants and employees. Under current law, West Virginia employers are not permitted to require drug testing as a condition of hiring or of continued employment except under very limited circumstances.

Employers who decide to implement drug test must create a written policy and distribute the policy to all employees for which the policy applies (generally this is all employees).  All job applicants must also have an opportunity to review the written policy.  Continue reading

Improve Your Interview Procedures and Get Results

Have you ever asked these questions during a job interview?

Q. What do you want to be doing five years from now-Q. How would you handle a situation where an employee needed discipline-Q. What do you consider your strengths and weaknesses-

Big mistake! Questions like these can inspire creative applicants to tell you what they think you want to hear in order to try and impress you.

Another mistake is asking theoretical questions. You’ll get theoretical answers and possibly learn a lot about the prospective employee’s dreams and fantasies. Or you might learn nothing at all.

A better approach is to ask for specifics to elicit responses that tell you what the applicant has done — rather than what he or she intends to do.

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Making the Most of the First 90 Days of a New Hire

Filling open positions in your company is a demanding job, requiring a grefile551263252097at deal of time to research and create the job description, recruit and screen candidates, and put together an attractive offer for the best person for the job.

The hard work isn’t over when that great candidate says “yes.” A new employee’s first 90 days on the job are a crucial time for learning, acclimating and determining if there’s a good fit between the person and the position. Fortunately, there’s a lot your business can do to take full advantage of this important period of time. Continue reading

Interviewing Disabled Applicants: What NOT to Ask

negative-42774_1280You always want to be careful when interviewing job applicants so you don’t ask questions which can lead to legal trouble.  For example, here’s a question you should avoid: “Have you ever been injured on the job?”

Due to laws which protect disabled individuals from discrimination, you may want to brush up on interviewing etiquette to make sure you’re not discriminating against persons with disabilities.

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Non-Compete Convenants: Protection for Your Business

1221952_51477459Are you concerned that one of your best employees will leave to join a competitor?  Once there, the employee will use inside information to help a rival.  Your worries may be eased if the employee signs a “covenant not to compete” as part of an employment agreement.  The covenant (also called a “non-compete clause” or “non-compete agreement”) is enforceable against a departing employee as long as certain conditions are met.

Usually, an employer requires employees to sign the covenant as a pre-condition of employment.  But it may also be used as a release for an employee to receive severance pay after termination of employment or pursuant to the sale of a business or issuance of stock options.  Caution: The covenant cannot be overly restrictive.  For instance, your company generally can’t preventa  former employee from pursuing a living anywhere in the same industry.

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