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legal RSS feed Tag: legal

Recruiting to Avoid a Rocky Mountain High — the Impact of State Marijuana Laws

by
Dr. John Sullivan
Mar 31, 2014, 5:34 am ET

marijuanaHow a state law becomes a recruiting issue 

I recently visited Boulder, Colorado, and guess what: everyone there was talking about the new marijuana law. If you are recruiting leader for a large corporation, you may fail to realize how much the laws of individual states can either positively or negatively impact your recruiting in that region. Take this Colorado marijuana law, for example. As a result of the law and its related publicity, firms trying to attract talent to the state may get a noticeable increase in applicants from younger workers who view the new law as a positive thing, making the state a great place to work (For example, the University of Colorado had a 33 percent spike in freshman enrollments this year. Some have attempted to attribute the rise at least in part due to the publicity around the law).

But a recruiting leader shouldn’t be surprised to find out that state laws can also have a negative impact on recruiting. Once more using the Colorado example, there is already some indication that employees with families are having second thoughts about relocating there because they are unsure about living in a state where their children could be continually exposed to widespread marijuana use. And before you make the assumption that the recruiting implications of this law are unique, realize that the same positive and negative impacts may come from other state laws relating to high profile issues. Those might include local laws covering gay rights/marriage, abortion, access to voting, tax rates, and school choice and even, as happened in Florida, gun laws.

Recruiting Challenges in a 420 World keep reading…

We Disclaim any Responsibility for This Post

by
John Zappe
Mar 28, 2014, 12:01 am ET

contract lawyer adBefore you read this week’s Roundup, please pardon the legal fine print, which I will dispose of forthwith.

Because this week’s post deals with lawyers, who like venomous spiders, ill-tempered rattlesnakes, and dark, lonely alleyways, are all to be avoided, we hereby disclaim any intent to injure, defraud, defame, dispossess, (add your favorite legal disclaimers here) any organization, institution, business or person living or dead.

Now, to our story: It seems in Richmond, Virginia a certain contract attorney working for a staffing firm there got frustrated and decided to go public, posting an amusing (if you aren’t the staffing firm or a contract lawyer) help wanted ad on Craigslist.

The ad has been deleted from the site, but not before AbovetheLaw.com got a copy and posted highlights, beginning with the obligatory “We are currently seeking” part. And what is that was being sought? “Licensed attorneys for upcoming projects that will likely never materialize.” keep reading…

Supreme Court to Decide if Security Check Time Is Compensable

by
John Zappe
Mar 4, 2014, 2:48 pm ET

Amazon logo A case that has the potential to cost staffing companies — and, in turn, their clients — hundreds of millions of dollars is headed to the U.S. Supreme Court.

The justices agreed to hear a FLSA suit against Amazon’s temp worker provider Integrity Staffing Solutions over whether workers should be paid for the time they spend going through company security on their way home.

Two former employees provided by Integrity who worked at Amazon’s two Nevada warehouses sued the retailer’s staffing firm demanding to be paid for the 20-25 minutes it routinely takes them to clear the daily security check. Because the case was filed as a class action, it could affect many or most of the estimated 38,000 temps at Amazon’s three dozen U.S. warehouses and distribution centers. keep reading…

Judging the Voice: The Reality of Phone Interview Bias

by
Gail Miller
Jan 24, 2014, 6:44 am ET

Screen Shot 2014-01-20 at 8.42.21 PMWhat do you have in common with Cee Lo Green, Christina Aguilera, Blake Sheldon, and Adam Levine? If you spend time searching for top talent, quite a lot! After all, with the rise of HR phone screening and first-round phone interviews, recruiting is beginning to resemble the blind auditions on the blockbuster TV show, The Voice.

On The Voice, blind auditions ensure that talent is judged fairly, with no bias based on their appearance. On the recruiting front, the voice of a job candidate could unwittingly cause bias or at least weigh heavily on the decision-making process of an interviewer.

Now, some would say that candidates actually benefit from phone screenings because initial decisions are not influenced by a candidate’s appearance or body language. However, research suggests that many candidates’ voices could sway first impressions and damage their chances for a second interview. After all, it’s human nature to make silent judgments about people based on how they speak.   keep reading…

Sing all You Want, but Hang Up the Phone First

by
John Zappe
Dec 27, 2013, 6:31 am ET

Voicemail by errorIf you are one of those unlucky recruiters staffing the office during this hiring interregnum, today’s roundup was written with your entertainment in mind.

Mostly, you can thank GeniusHR for collecting this most amazing list of employee and employer blunders and antics. For some reason, the software vendor chose a fictitious “annual report” as the vehicle for sharing these stories, all of which prove the maxim that no matter how dumb or lame a thing is, someone will do it.

I’ll share two of the more stunningly incredible complaints — anonymized to protect the guilty — that GeniusHR includes in its top 10 list: keep reading…

U.S. Govt Lists Resources for New Disabilities, Veterans Guidelines

by
Todd Raphael
Dec 5, 2013, 1:19 pm ET

Screen Shot 2013-12-05 at 10.07.31 AMIf you’re following the action on the new disabilities and veterans hiring guidelines in the U.S., there’s a new site that may help a bit.

This one’s coming from the Office of Federal Contract Compliance Programs, and it’s simply a list of resources to help you when sourcing and hiring people with disabilities and/or veterans.

The info is divided into categories: accommodations; tax incentives; inclusive environments; disabilities, and veterans.

While I’m at it, in case you’re a service provider yourself, here’s a link to information on getting on the resource list.

People Are Patenting Social Media Recruiting

by
Todd Raphael
Nov 19, 2013, 5:03 pm ET

BeyondcomLogo_HPThis recruiting-with-social-media bit has become popular enough that some companies are trying — in some cases successfully — to patent it.

Beyond.com is one.

In the summer of 2012, it acquired the assets of a company that was struggling called JobFox. JobFox was one of the early matching companiesJobFox was later sold to Doostang. Confusing, I know, but in short, JobFox sold its assets to Beyond.com, and its domain name to Doostang.

Anyhow, Beyond.com acquired three patents and three pending patents. One of those pending patents was just awarded, for what Beyond.com says is “the invention of a technology that allows for social recruiting, the process of sourcing or recruiting job candidates through the use of social platforms.” You may have seen an intriguing press release this week about it and thought, “huh? Did Beyond just patent social media recruiting?”  keep reading…

JobDiva Claims Monster Infringed Its Patents

by
John Zappe
Nov 19, 2013, 4:20 pm ET

jobdiva logoJobDiva, software provider to the staffing industry, has filed a federal suit against Monster Worldwide, claiming the technology behind the company’s popular 6Sense search and matching engine infringes on patents it holds.

Monster logo 2011The complaint alleges “Monster has infringed JobDiva’s patents by incorporating JobDiva’s patented resume search technology into Monster’s products and services.” It goes on to say that Monster did this “despite being informed that JobDiva held patents covering the technology.”

Monster had no immediate comment on the suit, which was just filed Monday. keep reading…

The New Customer Service: Sue the Rude

by
John Zappe
Oct 25, 2013, 6:45 am ET

NatalieGrantHermsPoor customer experience and air travel go together like poor customer service and banking. The only difference between today’s unhappy customer and last century’s is that social media has enabled the customer to tell the world.

So it’s no surprise that gospel singer-songwriter Natalie Grant-Herms took to Twitter and Facebook when a Southwest operations agent refused to allow her and her children to board when and how she wanted. keep reading…

Oil and Pregnancy Don’t Mix, But Apples and Berries Do

by
John Zappe
Oct 18, 2013, 6:33 am ET

apple blackberryMaybe not so much for apples and oranges, but BlackBerrys and Apples do indeed mix.

Within days of last month’s announcement of 4,500 upcoming layoffs by the sinking ship that was once BlackBerry, Apple threw a “career event” in a hotel a few minutes from the firm’s Canadian headquarters.

Sifting through the LinkedIn profiles of the mobile device maker’s engineering and operations professionals, Apple sent out personal invitations. The pitch: keep reading…

E-Verify Shutdown Means Return to Paper I-9s; H1-Bs Halted

by
John Zappe
Oct 8, 2013, 3:29 pm ET

logo-everifyHiring has all but stopped in parts of the U.S., casualties of the federal government shutdown.

When the feds went dark last week, the E-Verify system went offline. Although the feds have waived the rule that employment verification inquiries have to be submitted within three days of hire, some employers have put hiring on hold rather than risk running afoul of immigration rules.

Jerry Howard, chief executive officer of the National Association of Home Builders, told Bloomberg News that builders won’t hire help as long as the system is down. keep reading…

Lawsuit Accuses LinkedIn of Hacking Users and Spamming Their Contacts

by
John Zappe
Sep 22, 2013, 1:32 pm ET

linkedinIn a blog post Saturday, LinkedIn denied charges in a federal lawsuit that it hacked into users’ email accounts collecting addresses of their contacts in order to send them marketing messages.

“Quite simply, this is not true,” writes Blake Lawit, senior director, litigation at LinkedIn.

He was responding to a class action suit filed last week that alleges LinkedIn accessed users’ Gmail, Yahoo, and other email accounts by pretending to be the account owner.  On its website, the  Los Angeles firm of Russ August & Kabat says, “The class action lawsuit charges LinkedIn with violations of federal and state law,” and solicits others to “Tell us your story.”

In the lawsuit, the firm cites numerous examples of posts on LinkedIn’s community site complaining about LinkedIn sending invitations to their contacts without their permission or knowledge. Typical of the cited complaints in the lawsuit is this one, posted in March to LinkedIn’s Help Center: keep reading…

Final Rule on Disabilities Released in U.S.

by
Todd Raphael
Aug 28, 2013, 11:08 am ET

DOLThat U.S. government proposal about disabilities hiring ERE was the first publication to unveil two years ago is now out in its final form. keep reading…

We Need Lobbyists

by
Raghav Singh
Aug 26, 2013, 6:38 am ET

lobbyingWhat’s the difference between the recruiting industry and North Korea? North Korea has a lobbyist in Washington. So does Ultimate Fighting. But no lobbying firm represents recruiting interests in Washington. This means that we are unable to influence things like the immigration bill or anything that directly benefits us.

Lobbyists exist to get Congress to pass or change laws that benefit particular groups — so called “special interests.” So what can a lobbyist do for us? Here’s a list. keep reading…

The Many Perils of Interview Handshakes — and Why They Cause You to Lose Top Candidates

by
Dr. John Sullivan
Aug 5, 2013, 6:15 am ET

You’ve probably had it happen to you at the start of an interview. You extend your hand and in return you get a wimpy handshake, a “fist-bump” substitute, or a wet clammy handshake that is an intermediate turnoff. Although weak hiring handshakes are quite common, to most they may seem like an insignificant part of interviewing. But everyone involved in the hiring process needs to take notice and be aware of the high negative business impact of handshake bias.

Screen Shot 2013-08-01 at 11.17.29 AMAssessing a candidate based on their handshake is a major problem because we know that many interviewers make an initial decision on a candidate within the first two to three minutes, and we know that the handshake and their appearance are the two most powerful elements that contribute to that powerful first impression. The fact that assessing handshakes is a major hiring decision factor is not just conjecture; research from Greg Stewart of the University of Iowa demonstrated that those with the best handshake scores “were considered to be the most hireable by the interviewers.” Handshakes also proved to be more impactful than “dress or physical appearance.”

Handshakes become a high-impact problem because handshakes occur in every interview, and a single bad handshake can immediately eliminate a top candidate, especially in entry-level jobs. You should also be aware that handshakes with women candidates leave a bigger impression and have their own unique set of biases. No one has ever been sued over handshake bias but the loss of top candidates as a result of it is real. keep reading…

The Unemployment Bias: The Long-term Unemployed Face Severe Discrimination

by
Raghav Singh
Jul 30, 2013, 5:55 am ET

Last year I did some work for a large company that decided it would not hire anyone who was unemployed. It would automatically reject any candidate who had been unemployed even for a day. As I’ve learned, this attitude toward candidates is pervasive — many employers seem to have concluded that the long-term jobless are damaged goods. keep reading…

Is It Finally Time for Corporations to Provide Applicants With Feedback?

by
Dr. John Sullivan
Jul 22, 2013, 6:15 am ET

One of the most powerful unanswered questions in recruiting is “Why are ‘not hired’ applicants and rejected candidates not provided with feedback?”

Providing individual feedback in recruiting is almost nonexistent, even though giving feedback is a widely accepted practice in business. Firms take pride in providing feedback to their customers, vendors, and even their employees, but there is no formal process in most corporations for providing direct feedback to applicants/candidates covering why they were rejected or what they could do to improve their chances if they later applied for another position.

After my extensive research on the subject, I estimate that 95 percent of all corporations would get an “F” score on providing routine formal actionable feedback to their job applicants, mostly because providing feedback is an individual decision and that feedback is not monitored. In fact a 2012 survey by the Talent Board revealed that only 4.4 percent of candidates received the gold standard of … receiving specific individualized feedback and having their questions answered by hiring managers or recruiters.

Obviously all applicants, but especially those who have gone through interviews, have invested a great deal of their time in response to a company’s request for applicants, so on the surface at least it would seem that they have earned the right to something more than a canned email rejection note. If you are a corporate recruiting leader, perhaps now is the time (before the war for talent vigorously returns) to revisit this controversial issue. keep reading…

Is Your Background Screener Doing the Job? Here’s How to Tell

by
John Zappe
Jul 1, 2013, 5:34 pm ET

Background screen - freeChoosing and monitoring your background screening vendor is as important — and maybe more so even — than the interview you conduct with candidates.

“The worst thing you can do,” says Fred Giles, chair of the National Association of Professional Background Screeners, “is to treat it (your background screening) like a commodity and choose the lowest bidder.”

Once you have made a selection, monitoring the performance and maintaining regular contact is also a  must. And, says Giles, “Most significant, most important, is that employers make sure to review the process, their process … Have a clearly defined process for evaluating the results … and an opportunity for the candidate to explain (any negatives).” keep reading…

Supreme Court’s DOMA Ruling Likely to Bring Recruiting Advantages to Certain States

by
Sarah Riskin
Jul 1, 2013, 6:22 am ET

supreme courtThe Supreme Court’s decision to strike down Section 3 of the Defense of Marriage Act as unconstitutional is likely to have one particularly positive side effect for employers: an influx of diverse talent in the workforce in states that recognize same-sex marriage. keep reading…

Develop a Recruiter Scorecard … Because Champions Demand That You Keep Score (Part 2 of a 2-part series)

by
Dr. John Sullivan
Jun 17, 2013, 6:07 am ET

How to develop a recruiter scorecard for assessing individual corporate recruiter performance

Champions insist that you keep score. If you understand that concept, you will ensure that in addition to function-wide metrics, you will supplement them with a scorecard for assessing the performance of each individual recruiter. Everyone knows that corporations are measurement crazy, so I have found that by not measuring something (in this case recruiters), you are inadvertently sending a message to executives and employees that whatever you are doing is not strategic or even important (because if it was, we would measure it).

So unless you want to purposely send a message that “having top performing recruiters doesn’t matter,” you have no choice but to develop an individual recruiter scorecard. In order to do that effectively, you first need to understand the foundation design principles for individual scorecards and then you must select the actual measures that you will use in your scorecard. In part one, I introduced the concept and provided three examples of what a scorecard might look like. In this part two, I will cover the design details and a list of the measure to consider for your scorecard. keep reading…