ONE BIG TEMP ORDER!As a result of the earthquake related troubles in Japan Toyota has announced that it will hire between 3000 and 4000 temporary workers. Also, Honda will hire about 1000.
Toyota suffered a nearly 75% loss in production following the quake.
DRUG TESTING AND UNEMPLOYMENT
You would think that with unemployment levels at such a high rate, finding qualified workers would be a breeze. The problem is more and more applicants are failing pre-employment drug tests. What make this more amazing is that most applicants in this job market know they will be drug tested and still can't pass.
According to the agency CSS Workforce NY, a study they performed involving southern tier New York State, somewhere between 30 to 50 percent of job applicants in that area could not pass a drug test.
We see this problem in the staffing industry as well. You combine the drug test issue along with the background check required by many companies and the employable pool of labor shrinks dramatically.
RETALIATION AND WORKERS COMPENSATION CLAIMS
We've discussed the ramifications before about terminating an employee or even ending the assignment of a temporary because they filed a worker's compensation claim.
One aspect of the statute became clearer recently when the Ohio Supreme Court ruled 4-3 that the protection of this law does not extend to employees who are terminated BEFORE they file, institute or pursue a claim.
I'm not sure what this ruling accomplishes for employers that don't violate this part of the law but if you do it promotes speedier termination.
BAN THE BOX PICKS UP STEAM
If you don't know what this movement is all about be aware. It is designed to eliminate the "box" on employment applications that inquires about an applicant's criminal history.
Checking the "have you ever been convicted of a felony" box often times eliminates otherwise qualified individuals from employment. This, many say, makes the problem of returning convicted criminals to society even more difficult by denying those that have paid their debt the opportunity to move forward.
A group called All of Us or None has mobilized to pass laws eliminating this practice and has some success in selected cities across the country and in the public sector. Those private sector companies that have government contracts are also in their sights. The belief here is that these type of questions immediately discriminate against individuals convicted of crimes that really have relevance to the job being applied to perform. In some ways they have a point. We are a people of giving second chances....it's the third, fourth, etc. that cause the problem.
E-VERIFY COMING TO A HUMAN RESOURCE DEPARTMENT NEAR YOU
The U.S. House Subcommittee on Immigration Policy and Enforcement is starting the process that would ultimately require all U.S. companies to use E-Verify before hiring any employee.
For those that don't know, E-Verify is the governments verification required primarily of those doing work for the government.
On the plus side by fully establishing an electronic system the current Form I-9 process would be eliminated. It would also protect employers using the system from prosecution for having an illegal slip through the hiring process.
On the down side, the law may require re-verification of existing employees within certain time limits.
SOCIAL MEDIA--PART TWO
We discussed the impact of social media and employees being protected via the concerted activity defense. A couple of more cases are making their way through NLRB complaint filings. One involved employees complaining about a company's handling of a sales event that offered customers hot dogs and bottled water. The implied violation here is that the company was being cheap and as a result it impacted on the earnings of sales people. This was a Facebook posting. The other was a termination of five employees that were alleged to have harassed a co-worker via Facebook as well as complaining about working conditions.
The bottom line is tread carefully before you take disciplinary action based on social media communications. Nothing is easy anymore!
BACKGROUND CHECKS AND THE EEOC
According to sources the EEOC will hold a meeting on July 26, 2011 to investigate the use of criminal background checks in the hiring process. The concern is that use of these records may create unfair barriers to those trying to re-enter the workplace.
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