Recruitment Policies

News & Analysis as of

Is Everyone Replaceable, even Justice Scalia? Why You Should Hire Slow and Fire Fast

The unexpected death of Antonin Scalia, Associate Justice of the Supreme Court, has thrown the political landscape—already rife with presidential candidate turmoil—into a tailspin. Justice Scalia meant many things to many...more

Employment Law Navigator – Week in Review: April 2016 #3

Equal Pay Day was last Tuesday. Commentators and media outlets covered the current status of the gender wage gap and the efforts to eliminate it. The Washington Post reported on the controversy surrounding the...more

Legal Risks with Managing Employees in the Social Media Era

Social media continues to be a growing platform for applicants, employees, and employers to use for marketing, company branding, and employee engagement. As with any computer technology, the use of social media in the...more

Hacking at Employment Risks in Hackathons: Practice Insights

Employers of technology innovators should beware the employment traps and risks associated with think tank operations and retreats, such as hackathons. Hackathons are company-sponsored competitions, where either teams or...more

Structured Thoughts: News for the financial services community, Volume 7, Issue 3

Structured Product Sales at Bank Branches: Networking- Arrangement Rules - Many broker-dealers engaged in the structured products industry are affiliates of large U.S. banks, which have a significant customer footprint....more

New Stark Law Exception for Non-Physician Practitioner Subsidies: A Gift or Pandora's Box for Hospitals?

As of January 1, 2016, a new Stark Law exception allows hospitals to give subsidies to physician practices for the recruitment of non-physician practitioners (“NPPs”). In the Phase III Stark Law regulations, the Centers for...more

Is That Recruiting Technology Compliant?

There is some cool recruiting tech out there. Swipe, for example, a Tinder-like mobile app, allows hiring managers to “swipe right” for the applicants they are interested in. It also has a built in job-matching algorithm....more

Going Mobile With Recruiting

As employers search for the right workers and workers search for the right jobs, it’s worth considering the techniques of the industry that has the most mobile workforce and has the toughest time finding workers – trucking. ...more

2016 Trends #6: Working With HR—Time to Try Again

It’s been said that no corporate function has the opportunity to contact more employees more often than Human Resources. Recruiting, hiring, on-boarding, performance reviews, promotions, investigations, discipline,...more

Health Care Group News: CMS Finalizes Two New Stark Exceptions and Provides Some Clarity to Others

On October 30, 2015, the Centers for Medicare and Medicaid Services (CMS) issued a final rule, to be effective January 1, 2016, which added two new exceptions and made numerous clarifications to the Stark regulations....more

Big Data, Big Problems: The Liability Pitfall Lurking Beneath the Shiny Surface of “People Analytics”

The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...more

That is SO last week - October 2015 #4

Last week, the Second Circuit Court of Appeals issued its summary decision in Triple Play Sports Bar and Grille. Affirming the National Labor Relations Board, the Court held that an employee’s Facebook comments about working...more

That is SO last week - October 2015 #3

Last week was a tough one for Uber, an exemplar of the “sharing economy.” Multiple lawsuits against the company are focused on the status of drivers as employees or independent contractors, and now the Oregon Bureau of Labor...more

That is SO last week - October 2015 #2

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Top Tips for Employers: Using Analytics to Make People Decisions

There is more data stored electronically now than ever before. This includes financial data, sales transactions, emails, instant messages, and employee activities, to name a few. Real value can be derived from analysis of...more

DOL Refuses to Forgive Clerical Error on PERM Application

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Suing the Hand that Feeds You

Jeffrey Jacobs alleges that Idaho’s Pocatello Hospital violated the False Claims Act because of physician recruitment contracts that were overly generous to his practice group. Jeff should know because he was recruited under...more

Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face...more

New Risks of "No-Poach" Agreements in the Healthcare Industry?

"No-poach" agreements, under which employers agree not to steal each other's employees, have long been a feature of industries in which key talent is in short supply. But such agreements can restrict competition in employment...more

EEOC and Cabela’s Enter Into a Settlement in Collaborative Effort to Improve Hiring and Recruiting Practices

Agency Commends Employer for Cooperative Efforts During Investigation and Collaborative Efforts to Improve Hiring of Minority Applicants - CHICAGO - Cabela's Incorporated, a leading retailer of fishing, camping, and...more

Individuals Matched to a Job Order Not “Applicants” for Purposes of PERM

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

Federal Court Approves $415 Million Settlement of Employee Antitrust Claims Against California Technology Employers

On September 2, 2015, a federal trial court in California approved a $415 million settlement of an antitrust class action filed against a number of Silicon Valley technology employers, including Apple Inc. and Google, among...more

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §...more

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