Right to Work States

Right to Work states secure the right of employees to decide for themselves whether or not to join or financially support a union, and makes it illegal for unions to require membership as a condition of employment. In non-Right to Work states, employees may be required to join unions in order to retain employment at some companies regardless of opposing political views or religious beliefs. If unions have or are forming in your business, find out what the law is in your state. http://www.nrtw.org/rtws.htm

Reference Checks

When called for reference checks, employers are generally expected to reveal only the employees' date of hire, date of termination, and job title; they are prohibited from giving confidential information. If the applicant signs a waiver and hold harmless agreement as a condition for applying for employment, the employer may feel more comfortable specifying additional information specified by the agreement. http://www.uschamber.com/sb/business/p05/p05_1520.asp

Credit Checks

To obtain a credit report on an employee or prospective employee, the employer must provide clear and conspicuous written notice that a credit report may be requested and obtain written consent from the applicant or employee. http://www.uschamber.com/sb/business/p05/p05_1570.asp

Background Checks

Employers generally have the right to access arrest and conviction records that are public information, but whether employers can use such information for hiring decisions varies from state to state. Some states allow employers to discriminate based on criminal convictions, but not arrests. Other states apply varying rules depending on the position or industry being applied for. http://www.privacyrights.org/fs/fs16-bck.htm

Information on Hiring People with Disabilities

Social Security Administration's Employers' webpage for information on hiring people with disabilities, including tax incentives, referral services, FAQs, and helpful links to the Department of Labor's Office of Disability Employment Policy. http://www.socialsecurity.gov/work/Employers/employers.html

Disability Discrimination

http://www.eeoc.gov/types/ada.html

Interviewing Guidelines for Applicants with Disability

The Americans with Disabilities Act requires employers to follow some strict dos and donts especially during job interviews. Any question that asks about a job applicants physical or mental disability is off limits. Find out whats legal and whats not. http://www.lawyers.com/legal_topics/browse_by_topic/browse_parent/browse_child/content/show_content.php?articleid=1001412

Pre-Employment Inquiries

http://www.dol.gov/odep/archives/ek96/inquiry.htm. Aside from the common courtesy due to anyone being interviewed, regardless of disability, the Americans with Disabilities Act (ADA) places some restrictions on the employer's pre-employment inquiries.

What Are the Restrictions on Pre-Employment Inquiries?

Questionnaires, applications, medical examinations, and tests are often used by employers to determine the competency of the applicant. Keep in mind that, at the pre-offer stage, disability-related questions and medical examinations are prohibited under the ADA.

How Can I Make Sure I Comply with the ADA Restrictions on Pre-Employment Inquiries?

Develop a thorough job description that identifies the essential elements of the job. By relying on this description, both the interviewer and applicant are aware of the essential elements of the job. Employers should also review old application forms to ensure that medical histories are not requested, since this is no longer appropriate.

How Should I Handle Pre-Employment Inquires during the Interview Process?

Make sure to ask only questions regarding the information on the individual's application form. You may ask the applicant what prior job duties he or she performed. Be careful not to ask applicants about visible physical characteristics or their health status. It is not legal to inquire if the applicant has a psychiatric disability, a history of having a psychiatric disability, or if he or she has consulted with a psychiatrist. Nor may questions be asked about past drug addiction.

May I Conduct an Employment Physical?

The law permits a medical examination if the medical evaluation is conducted after an offer of employment has been made. However, if physicals are conducted, they must be conducted for all employees in that job category and the medical information gathered must be kept separate from the personnel file. Drug testing is not considered a "medical examination" under the law. Therefore, pre-employment tests for illegal drug use are permitted by the ADA.

Hiring Employees FAQs

Answers to frequent questions asked about hiring employees. http://www.business.gov/phases/managing/manage_employees/hiring_employees_faq.html

What labor posters do I need to display for my particular business?

The federal posters that should be on display for your business vary widely depending on the type of business that you are in. The U.S. Department of Labor has an interactive Poster Advisor tool: (http://www.dol.gov/elaws/posters.htm) that will walk you through the steps to determine the posters that you will need specifically for your particular business. In addition to knowing what federal labor posters you should have on hand, you should also visit your state labor office: (http://www.dol.gov/esa/programs/whd/state/state.htm) to determine the labor posters that are required in your state.

How can I find qualified employees?

Choose your employees carefully. Decide beforehand what you want them to do. Be specific. You may need flexible employees who can shift from task to task as required. Interview and screen applicants with care. Remember, good questions lead to good answers - the more you learn about each applicant's experience and skills, the better prepared you are to make your decision.

How do I set wage levels?

Wage levels are calculated using position importance and skill required as criteria. Consult your trade association and accountant to learn the most current practices, cost ratios, and profit margins in your business field. While there is a minimum wage set by federal law for most jobs, the actual wage paid is entirely between you and your prospective employee. How do I determine whether a worker is an employee or an independent contractor? A number of federal and state government agencies have various ways of assessing whether a worker is an employee or an independent contractor. Among those agencies are the IRS, the U.S. Department of Labor, state taxing authorities, and state unemployment and workers' compensation agencies. One of the more commonly recognized tests for determining if a worker is an employee or an independent contractor is the IRS' 20 factor test: (http://www.ftmn.com/Employee.html)

Download the current IRS Publication 1779 covering this issue (PDF file)

Download IRS Form SS8 to submit to the IRS for a determination ruling (PDF file)

Where can I get more information about employee labor laws?

Download U.S. Department of Labor's Employment Law Guide

Employing Minors

Owners should know what to expect when hiring a minor: http://www.business.gov/topics/employees/minors/

US Department of Labor's Youth and Labor information

Employees must be at least 16 years old to work in most non-agricultural jobs and at least 18 in hazardous non-agricultural jobs. Youths 14 and 15 years old may work limited hours with strict conditions. Visit the Department of Labor site for detailed information. Additional restrictions may apply in your state. http://www.dol.gov/dol/topic/youthlabor/agerequirements.htm

Youth Rules for Employers

Developed by the Department of Labor, YouthRules is a gateway providing quick access to information about federal and state labor laws that apply to young workers. The site is designed to educate teens, parents, educators, and employers about the hours youth can work, the jobs youth can do, and how to prevent workplace injuries. http://www.youthrules.dol.gov/employers/default.htm

Child Labor Laws, Workers Under 18

The Department of Labor is the sole federal agency that monitors child labor and enforces child labor laws. The most sweeping federal law that restricts the employment and abuse of child workers is the Fair Labor Standards Act (FLSA). Child labor provisions under FLSA are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety. FLSA restricts the hours that youth under 16 years of age can work and lists hazardous occupations too dangerous for young workers to perform. Enforcement of the FLSA's child labor provisions is handled by the Wage and Hour Division of the Departments Employment Standards Administration. Also visit: http://www.dol.gov/dol/topic/youthlabor/index.htm

Verify Employees' Social Security Number

Verify employee Social Security Numbers for accurate W-2 wage reports: http://www.ssa.gov/employer/ssnv.htm

U.S. Equal Employment Opportunities Commission

Equal Employment Opportunities Commission's homepage: http://www.eeoc.gov/

Affirmative Action

For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the companys written personnel policies. Employers with written affirmative action programs must implement them, keep them on file and update them annually: http://www.dol.gov/dol/topic/hiring/affirmativeact.htm

Employment and Training Administration

Link to the Department of Labor's webpage about employment and training: http://www.doleta.gov/business/

Hiring Veterans

The Department of Labors Veterans' Employment and Training Service (VETS) assists veterans, reservists, and National Guard members in securing employment. Reservists and National Guard members called to active duty have rights and responsibilities under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) promotes equal employment opportunity on behalf of qualified special disabled veterans, Vietnam era veterans, recently separated veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. Additional information is available from the Department of Veterans Affairs (VA), another government resource that provides information on programs and benefits for veterans, and locations of VA facilities worldwide: http://www.dol.gov/dol/topic/hiring/veterans.htm

Employing Military Reservists and National Guardsmen

Find out what your obligations are under the Uniformed Services Employment and Reemployment Rights Act (USERRA) by using the U.S. Department of Labor's Resource Guide to USERRA. http://www.dol.gov/dol/compliance/comp-userra.htm

Drug-Free Workplaces

Americas businesses pay a high price for substance abuse. Some costs increased absences, accidents, and errors are obvious. Others, such as low employee morale and high illness rates, are less obvious, but the effects are equally harmful. The good news is that employers have enormous power to protect their businesses from the negative impact of substance abuse by educating employees about its dangers and encouraging individuals with substance abuse problems to seek help. To help small businesses benefit from being drug free and further its mission to help American companies maintain safe, healthy, and productive workplaces, the Department of Labor created Working Partners for an Alcohol-and Drug-Free Workplace a one-stop source for information about workplace substance abuse prevention. http://www.dol.gov/dol/topic/hiring/drugfree.htm

Ticket to Hire

Ticket to Hire works to meet your staffing needs by linking you to employment networks in your community that have motivated, qualified candidates with disabilities from the Ticket to Work Program: http://www.ssa.gov/work/Ticket/TicketHire.html

The Interview Process: How To Select The "Right" Person

How do you select the right person for your business? There is no perfect answer, but the interview process can be a tremendous help if you use it effectively. In other words, you must have completed all of the other steps in the hiring process in order to get the most out of the interview process. Interviewing candidates for a position within your company is one of the final steps in the hiring process. http://www.business.gov/phases/managing/manage_employees/interview_process.html. How do you select the right person for your business? There is no perfect answer, but the interview process can be a tremendous help if you use it effectively. In other words, you must have completed all of the other steps in the hiring process in order to get the most out of the interview process. Interviewing candidates for a position within your company is one of the final steps in the hiring process. Before you get to this step, you want to make sure that you've completed all of the preceding steps since each of these steps will have a direct impact on how effective the interview process will be. Below is a list of the steps involved in the hiring process. Note that after you have completed the interviewing process, there are still two additional key steps that you need to complete. In order to achieve the best hiring results possible, just remember that all of the steps are important. In order, the key steps to finding the right person to fill a position in your company include:

Determining your need to hire a new employee. Are you properly utilizing the skills and talents of your current employees? Do you know what needs to be done? Can your business growth support a new employee?
Conducting a thorough job analysis. What are the job's essential functions and key performance criteria?
Writing a job description and job specification for the position based on the job analysis.
Determining the salary for the position, based on internal and external equity. Is the salary comparable and proportional with the salaries and responsibilities of other positions inside your company as well as similar positions out in the marketplace?
Deciding where and how to find qualified applicants. What are the recruitment techniques to be used? What is the time frame for conducting your search? Remember, advertising is not the only, or necessarily the best, way to recruit.
Collecting and reviewing a fair amount of applications and resumes and then selecting the most qualified candidates for further consideration.
Interviewing the most qualified candidates for the position, based on the job's description and specification.
Checking references.
Hiring the best person for the job.

Hopefully, after reviewing all of the resumes, you will be able to pick and choose a select number of qualified applicants to be interviewed. (If not, you may want to expand your time frame and rewrite any ad copy and/or look at another recruitment technique.) Now that you know where the interview process fits into the hiring process, let's take a look at the dos and don'ts of conducting a successful interview.

Conducting the Successful Interview - What to Do:

1. Prepare in Advance for the Interview:

Know what you want in a candidate before you begin the interview. Review the job specifications and requirements that have been prepared.
Know the job and its responsibilities. Review the job description.
Prepare a list of standard questions concerning the candidate's skills, abilities, and past work performance that you want him/her to answer.
Prepare a list of prioritized and measurable criteria, either in the form of a worksheet or other method, for analyzing and comparing the candidates.
Review the candidate's resume prior to the interview.
Set specific appointment times and reasonable time limits.
Be prepared to justify the use of any required employment test. Typically, the most legally defensible tests are those that involve a piece of the job.

2. Collect Pertinent Information During the Interview

Since past behavior predicts future behavior, look for the candidate's behavior patterns as you collect information. For example, has the candidate enjoyed big picture work or detailed analysis more? Is he/she more of a generalist or more of a specialist? Oftentimes, by listening to how the candidate responds to your questions about previous jobs, you will be able to get a very good idea of what their behavior will be like in the future.
Try not to offer too much detailed information up front so that the candidate will be able to formulate answers that exactly fits your company's needs. Don't put the right words in his/her mouth! Remember, the candidate (hopefully) wants the job and will be looking to say the right thing to impress you.
Ask questions that focus on the candidate's past performances. For example, if the job, such as an office manager, demands an individual who is well-organized and handles paperwork easily, you may want to ask, "How do you keep track of your own schedules and desk work in your current position?"
Ask specific, structured questions in regards to specific problems that the jobholder may face. Focus on past behavior and the results of the candidate's actions in a particular situation. For example: "As the customer service representative, you may encounter a few unhappy campers who will yell and scream at you over the telephone or in person. Have you had any experience dealing with difficult customers? Who was the most difficult customer you had to deal with? What was the situation? How did you resolve the problem?"
Notice how well the candidate listens and responds to the questions asked.
Note the candidate's choice of words and non-verbal behavior. Are they answering your questions clearly?
Listen to the questions the candidate asks. Clarify the reasons why the questions are being asked. Notice which questions he/she asks first as they may be his/her primary concerns.
Take detailed handwritten notes concerning job related topics that will help you distinguish the candidates from one another (especially if you will be conducting several interviews). Help yourself remember each candidate and each interview clearly.
Record information pertaining to the set criteria that will help in the evaluation of candidates.
Organize and analyze the information immediately after the interview when memory is fresh. Don't try to remember everything, it's impossible. One idea is to rate each candidate on each of the criteria immediately following the interview.

3. Look and Act Professionally During the Interview

Dress appropriately.
Avoid appearing bored and fatigued.
Set a businesslike atmosphere.
Structure the interview and inform the candidate of the structure. Let the candidate know you will be focusing on past results and that you will be taking a lot of notes.
Provide information on the company and the job to each candidate.

4. Treat All Candidates Fairly

Use your list of standard questions during each interview so that you treat the applicants equally and so you can compare apples to apples.
Refer to the criteria for analyzing candidates. Ask questions in regards to the job criteria.
Keep all questions job-related.
Do not ask discriminating questions.
Show a genuine interest in every candidate you interview.
If possible, have at least one other person meet and/or interview candidates who are finalists. They should also rate the candidates on each of the criteria; ultimately, all interviewers should compare their ratings and discuss any discrepancies. Having more than one interviewer helps control personal biases.

5. Be Courteous and Respectful

Conduct the interview in a private place away from distractions.
Begin the interview on schedule.
If possible, conduct the interview without interruptions.
Allow sufficient time for the interview.
Appreciate the candidate's accomplishments.
Do not patronize the candidate.
Do not argue with the candidate.
Thank the candidate for his/her time and interest.

6. Facilitate Open Communication

Immediately attempt to establish a rapport with the candidate by breaking the ice; for example, ask about their experiences in a particular industry or geographical location (refer to his/her resume).
Promote a relaxed environment with free-flowing conversation.
Do not dominate the discussion by talking too much. Many experts use a 80/20 rule - you talk 20% of the time and the candidate talks 80% of the time.
Politely probe the candidate for information by asking open-ended questions that will provide insight into the candidate's values and traits.
Ask structured questions that will require some thought on the part of the candidate.
Listen carefully to the candidate's answers. If they do not provide you with specific results, probe until they do.
Explain the selection process to the candidate. Offer realistic time frames and stick to your word!

The Successful Interview - What Not to Do

The following list is comprised of subject matter that is widely regarded as off-limits for discussion in an interview by employment experts. Most of these subjects relate directly to federal and state employment laws. Legislation covering equal employment opportunity is extensive and complex. Check not only federal laws, but also your own state's laws and guidelines. Remember, state laws vary! Consult an attorney for legal advice before you begin the search process for a new employee.

In an interview, or on an employment application, do not ask questions:

Concerning the age of the candidate. Be careful using the words over qualified with older candidates.
About their arrest record (this is different from convictions - in most states, it is permissible to ask if the candidate has ever been convicted of a crime).
About race or ethnicity.
Concerning the candidate's citizenship of the U.S. prior to hiring (It is permissible to ask "Will you be able to provide proof of eligibility to work in the U.S. if hired?")
Concerning the candidate's ancestry, birthplace, or native language (it is permissible to ask about their ability to speak English or a foreign language if required for the job).
About religion or religious customs or holidays.
Concerning the candidate's height and weight if it does not affect their ability to perform the job.
Concerning the names and addresses of relatives (only those relatives employed by the organization are permitted).
About whether or not the candidate owns or rents his/her home and who lives with them. (Asking for their address for future contact is acceptable.)
Concerning the candidate's credit history or financial situation. In some cases, credit history may be considered job-related, but proceed with extreme caution.
Concerning education or training that is not required to perform the job.
Concerning their sex or gender. Avoid any language or behavior that may be found inappropriate by the candidate. It's his/her standard of conduct that must be met.
Concerning pregnancy or medical history. Attendance records at a previous employer may be discussed in most situations as long as you don't refer to illness or disability.
Concerning the candidate's family or marital status or childcare arrangements (it is permissible to if the candidate will be able to work the required hours for the job).
Concerning the candidate's membership in a non-professional organization or club that is not related to the job.
Concerning physical or mental disabilities (asking whether the candidate can perform the essential job duties is permitted). The ADA allows you to ask the applicant to describe or demonstrate how they would perform an essential function(s) when certain specific conditions are met. Check the law or consult with an attorney before moving forward.

Remember - when in doubt, ask yourself if the question is job-related; if not, don't ask!

When Potential Employees Lie

When you receive a resume or job application, how can you be sure the applicant is telling the truth? http://www.business.gov/phases/managing/manage_employees/employees_lie.html

Recruiting On The Web

Does your business need new employees? The Internet may be a great new place to find just the right people for your enterprise! http://www.business.gov/phases/managing/manage_employees/web_recruiting.html

America's Job Bank

http://www.ajb.dni.us/

America's Learning Exchange

ALX is the premier electronic marketplace where individuals and companies can readily find appropriate training and education resources. ALX connects people to the training and education they need: http://www.alx.org/

Federal Government Jobs Bank

Career opportunities with the federal government: http://www.opm.gov/Career_Opportunities/index.asp

CareerOneStop

A website with four components (CareerOneStop, Career InfoNet, America's Job Bank, and Service Locator), each providing resources for businesses, jobseekers, and employees on such information as: job vacancies, resume databases, career and relocation centers, employment trends and labor market statistics, salary info, job training and testing requirements, state profiles, and more. http://www.careeronestop.org/

America's Career InfoNet

http://www.acinet.org/acinet/default.asp

Monster

http://www.monster.com

CareerBuilder

http://www.careerbuilder.com

Jobs.com

http://www.jobs.com/

Yahoo hotjobs

http://hotjobs.yahoo.com/

Yahoo hotjobs: Salary Calculator

http://hotjobs.salary.com/

Salary.com

http://www.salary.com/home/layoutscripts/homl_display.asp

Salary.com: SalaryWizard

http://swz.salary.com/salarywizard/layoutscripts/swzl_newsearch.asp

Salary Information

http://jobsmart.org/tools/salary/

Salary Calculator

http://www.homefair.com/homefair/calc/salcalc.html?type=to

Foreign Labor

There are several government agencies involved with granting permission for foreign workers to work in the United States. First, employers must seek certification through the Department of Labor. Below you will find a link to documents and forms. Once the application is certified/approved, the employer must petition the Bureau of Citizenship and Immigration Services (formerly the Immigration and Naturalization Service (INS)) for a visa. Approval by the Department of Labor does not guarantee a visa issuance. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act (INA): http://www.dol.gov/dol/topic/hiring/foreign.htm

Employing Foreign Workers

If you are contemplating hiring foreign workers, be sure to review the USCIS Employment Handbook. Also, take advantage of the INS Alien Employee Visa Classification eTool for help determining visa classifications. (PDF file) http://www.business.gov/cgi-bin/outsideurl.cgi?url=http://uscis.gov/graphics/lawsregs/handbook/hand_emp.pdf

Alien Employee Visa Classification eTool

This online tool makes it easy to determine visa classifications for foreign workers in the United States. http://www.exsyssoftware.com/CORVID/corvidsr?KBNAME=../sba_demo/classify.cvR

Required Employee Registration

Employers are required to complete and maintain an Employment Eligibility Verification I-9 Form when hiring an employee. I-9 Forms are most quickly obtained by downloading from the U.S. Citizenship and Immigration Service (USCIS ) Web site. http://uscis.gov/graphics/formsfee/forms/i-9.htm

Employment and Immigration FAQs

Answers to common questions about immigration: http://www.business.gov/phases/managing/manage_employees/immigration_faq.html

Q. What is the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC)?

A. The Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) in the Department's Civil Rights Division protects immigrants and other workers from employment discrimination based upon citizenship status, national origin, language, accent, or similar factors. OSC, in partnership with the Equal Employment Opportunity Commission and Department of Labor Office of Federal Contract Compliance, Women's Bureau, and Wage & Hour Division - other agencies whose missions it is to protect the rights of workers - has conducted workshops in immigrant communities in Chicago, Los Angeles, Phoenix, Dallas, Houston, Miami, and New York to hear directly form workers about possible complaints of employment discrimination. In addition, it has conducted outreach to employers in various cities in order to increase employer understanding of employers sanctions and the protections against discrimination. In 1998 and 1999, OSC expanded its focus in order to cover new areas with increasing immigrant populations such as Nebraska, Iowa, North Carolina, and Oregon. In an effort to increase accessibility to its services and resources, OSC has signed and/or reinvigorated 41 Memoranda of Understanding with various state and local human rights agencies, where individuals can now obtain OSC information and file charges of immigration related employment discrimination. In existence since 1987, the Office of Special Counsel has received over 6,000 charges and recovered more than $1.9 million in back pay and assessed over $1.3 million in civil penalties. The Office of Special Counsel will continue to address immigration-related employment and other immigrant rights issues. For further information, call 1-800-255-7688 or write to: Office of Special Counsel for Immigration Related Unfair Employment Practices U.S. Department of Justice Post Office Box 27728 Washington, D.C. 20038-7728 The Office of Special Counsel has multilingual staff and attorneys ready to assist workers, employers, and the public on immigrant employment discrimination matters.

Q. What is the Immigration and Nationality Act (INA)?

A. The Immigration and Nationality Act (INA) is the federal law governing almost all immigration matters. It prohibits employers from knowingly hiring undocumented workers and requires employers to verify their employees' identity and work eligibility as specified on the I-9 form. In addition, it prohibits job discrimination based on immigration status. INA's antidiscrimination provisions intend that all employees and job applicants are treated equally, whether or not they are U.S. citizens. INA prohibits employment discrimination on the basis of a potential worker's national origin or citizenship status. Under INA, workers must prove both identity and work authorization, but there are several combinations of legally acceptable documents from which they can choose. These combinations are listed on the back of the I-9 form, which must be completed for every employee, regardless of national origin, including U.S. citizens. An employer's failure to verify identity and employment eligibility is punishable by fine. Congress established the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), a component of the Civil Rights Division of the Department of Justice, to enforce the antidiscrimination provisions of INA and to educate the public about immigration-related employment discrimination. Since 1987, OSC has received more than 6,000 charges of discrimination based on national origin or citizenship status. Since 1987, OSC has collected almost $2 million in back pay to compensate victims of employment discrimination and has assessed more than $1.3 million in civil penalties for violations of the antidiscrimination provisions. Most new immigrants come from Latin America and Asia; therefore Latinos and Asians, both native-born citizens and newcomers, are the most likely victims of job discrimination based on citizenship status or national origin. OSC serves all U.S. citizens, legal permanent residents, refugees, and asylees. Recent cases have included long-time U.S. citizens who suffered immigration job related discrimination.

Q. What are my rights and responsibilities?

A. The Immigration and Nationality Act (INA) prohibits employers with four or more employees when hiring, discharging, recruiting, or referring for a fee from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. (Employers of 15 or more employees should note that the ban on national origin discrimination against any individual under Title VII of the Civil Rights Act of 1964 continues to apply.) Discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization is illegal: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees. Employers can demonstrate compliance with the law by following the verification (I-9 Form) requirements and treating all new employees equally. This includes the following steps: establish a policy of hiring only individuals who are authorized to work. A "U.S. citizens only" policy in hiring is illegal. An employer may require U.S. citizenship for a particular job only if it is required by federal, state, or local law or by government contract. Complete the I-9 Form for all new hires. This form gives employers a way to establish that the individuals they hire are authorized to work in the United States. Permit employees to present any document or combination of documents acceptable by law. Employers cannot prefer one document over others for purposes of completing the I-9 Form. Authorized aliens do not carry the same documents. For example, not all aliens who are authorized to work are issued "green cards." As long as the documents are allowed by law and appear to be genuine on their face and to relate to the person, they should be accepted. Not to do so is illegal. For the list of documents that establish identity and work eligibility, please see the List of Acceptable Documents. The amendment of INA to include the Immigration Reform and Control Act in 1986 established the Office of Special Counsel for Immigration-Related Unfair Employment Practices to enforce the INA antidiscrimination provisions. Discrimination charges are filed with this Office. Charges or written inquiries should be sent to: Office of Special Counsel for Immigration-Related Unfair Employment Practices P.O. Box 27728 Washington, DC 20038-7728 For more information, call the OSC Employer Hotline at 1-800-255-8155 (toll free) or 1-800-362-2735 (TDD device for the hearing impaired). For questions about Title VII, please contact the Equal Employment Opportunity Commission at 1-800-669-4000 (toll free) or 202-275-7518 (TDD), or visit their website at http://www.business.gov/cgi-bin/outsideurl.cgi?url=http://www.eeoc.gov.

Q. What is the I-9 list of acceptable documents to prove identity and work eligibility?

A. The following is the I-9 list of acceptable documents: List A Documents that establish both identity and employment eligibility. U.S. Passport (unexpired or expired), Certificate of U.S. Citizenship (INS Form N-560 or N-561), Certificate of Naturalization (INS Form N-550 or N-570), unexpired foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization Alien Registration Receipt Card with photograph (INS Form I-151 or I-551), unexpired Temporary Resident Card (INS Form I-688), Unexpired Employment Authorization Card (INS Form I-688A), Unexpired Reentry Permit (INS Form I-327), Unexpired Refugee Travel Document (INS Form I-571), Unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B); or List B Documents that establish identity: driver's license or ID card issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address, ID card issued by federal, state or local government agencies or entities provided it contains a photograph or information such as name, date of birth, sex, height, eye color, and address, school ID card with a photograph, voter's registration card U.S., military card or draft record, military dependent's ID card, U.S. Coast Guard Merchant Mariner Card, Native American tribal document, or driver's license issued by a Canadian government authority. For persons under age 18 who are unable to present a document listed above: school record or report card, clinic, doctor, or hospital record, daycare or nursery school record; and List C documents that establish employment eligibility U.S.: social security card issued by the Social Security Administration (other than a card stating it is not valid for employment), Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350), original or certified copy of a birth certificate issued by a state, county, municipal authority, or outlying possession of the United States bearing an official seal, Native American tribal document, U.S. Citizen ID Card (INS Form I-197), ID Card for use of Resident Citizen in the United States (INS Form I-179), or unexpired employment authorization document issued by the INS (other than those listed under List A).

Q. Where can employers call to get up-to-date, accurate information instantly?

A. OSC has a toll-free automated telephone hotline for employers. The number to call is 1-800-255-8155 (and 1-800-362-2735 for the hearing impaired). Information is available 24 hours a day and features easy-to-follow prompts to receive prerecorded answers to employers' most often-asked questions. OSC research has consistently shown that many incidents of immigration-related employment discrimination are due to employers' confusion about the documents they can accept for I-9 purposes. The new system will help to increase awareness of the Immigration and Nationality Act's (INA) antidiscrimination provisions and provide the detailed and up-to-date information that employers need when they need it. The hotline offers callers taped information on four key subjects: Tips on avoiding immigration-related discrimination when completing the I-9 form, information on how to avoid immigration-related discrimination in hiring practices, a summary of the penalties for employment discrimination, and the acceptable documents that establish identity and work eligibility. Callers who need additional information will be able to speak with an OSC representative from 9 a.m. to 5 p.m., Eastern Standard Time/Eastern Daylight Time. The hotline's Fax-Back option addresses employers' need for current information. Callers can key in their fax machine number, and within minutes they will receive by fax a copy of the list of documents acceptable for establishing identity and work eligibility. They will also receive information on INA's anti-discrimination provisions. The system offers employers immediate access to the most current information on acceptable work-authorization documents. OSC will immediately update the telephone system's recorded and Fax-Back information to reflect any changes to the list of acceptable documents. For more information, please contact the Office of Special Counsel for Immigration-Related Unfair Employment Practices Civil Rights Division U.S. Department of Justice P.O. Box 27728 Washington, DC, 20038-7728 General Information: 1-800-255-7688 1-800-237-2515 (TDD for hearing impaired), Automated Employer Hotline: 1-800-255-8155, 1-800-362-2735 (TDD for hearing impaired).

Q. What is the "Look at the Facts...Not at the Faces" campaign?

A. "Look at the Facts. Not at the Faces" is an ongoing campaign to inform the work-authorized immigrant population and their employers - mostly small business owners - about the antidiscrimination provisions of the Immigration and Nationality Act (INA) and the unfair employment practices made illegal by these provisions. The campaign focuses on newly arrived immigrants and small business employers. Newly arrived immigrants tend to experience INA-related discrimination more than other workers. Employers of these work-authorized immigrants tend to be small business owners with 4-25 employees. Typically, these business owners have limited time to become acquainted with the complexities of government regulations. A key element in outreach to employers is, therefore, promotion of the OSC Employer Hotline. The Hotline provides simple, straightforward answers to employers' most frequently asked questions about INA. It includes a fax back feature so callers may receive a copy of the I-9 form and a list of legally acceptable documents. In addition to educating employers, OSC also wants workers to understand their rights under INA. Workers cannot be fired or denied employment because of their national origin or citizenship status. They also have the right to choose which legally acceptable documents to present to establish their identity and right to work in the United States. A separate toll free number, staffed by multi-lingual operators, is maintained for workers. Callers may be directed to an OSC attorney, and, if their claims have merit, may receive back pay, benefits, and job reinstatement. OSC's campaign uses broadcast and print advertising, PSAs, and story placement to promote awareness of INA among workers and employers alike. Information kits, brochures, posters, and other print materials have also been widely distributed. To obtain more information about INA and the role of the Office of Special Counsel, call 1-800-255-8155.

Q. What are the 10 steps to take to avoid immigration related employment discrimination?

A. Treat all people the same when announcing a job, taking applications, interviewing, offering a job, verifying eligibility to work, hiring, and firing. Accept the document(s) the employee presents. As long as the documents prove identity and work authorization and are included in the list on the back of the I-9 form, they are acceptable. Accept documents that appear to be genuine. Establishing the authenticity of a document is not your responsibility. Avoid "citizen only" or "permanent resident only" hiring policies. In most cases, it is illegal to require job applicants to have a particular immigration status. Give out the same job information over the telephone to all callers, and use the same application form for all applicants. Base all decisions about firing on job performance and/or behavior, not on the appearance, accent, name, or citizenship status of your employees. Complete the I-9 form and keep it on file for at least 3 years from the date of employment or for 1 year after the employee leaves the job, whichever is later. You must also make the forms available to government inspectors upon request. On the I-9 form, verify that you have seen documents establishing identity and work authorization for all your new employees U.S. citizens and noncitizens alike hired after November 6, 1986. Remember that many work authorization documents must be renewed on or before their expiration date, and the I-9 form must be updated. This process is called reverification. At this time, you must accept any valid documents your employee chooses to present, whether or not they are the same documents provided initially. (Note: You do not need to see an identity document when the I-9 form is updated.) Be aware that U.S. citizenship, or nationality, belongs not only to persons born in the United States but also to all individuals born to a U.S. citizen, and those born in Puerto Rico, Guam, the Virgin Islands, the Commonwealth of Northern Mariana Islands, American Samoa, and Swains Island. Citizenship is granted to legal immigrants after they complete the naturalization process. For more information, call the OSC Employer Hotline at 1-800-255-8155.

Writing Effective Job Descriptions

A job description describes the major areas of an employee's job or position. A good job description begins with a careful analysis of the important facts about a job, such as the individual tasks involved, the methods used to complete the tasks, the purpose and responsibilities of the job, the relationship of the job to other jobs, and the qualifications needed for the job. http://www.business.gov/phases/managing/manage_employees/effective_job_descriptions.html. A job description describes the major areas of an employee's job or position. A good job description begins with a careful analysis of the important facts about a job, such as the individual tasks involved, the methods used to complete the tasks, the purpose and responsibilities of the job, the relationship of the job to other jobs, and the qualifications needed for the job. It's important to make a job description practical by keeping it dynamic, functional, and current. Don't get stuck with an inflexible job description! A poor job description will keep you and your employees from trying anything new and learning how to perform their job more productively. A well-written, practical job description will help you avoid hearing a refusal to carry out a relevant assignment because "it isn't in my job description." Realistically speaking, many jobs are subject to change due either to personal growth, organizational development, and/or the evolution of new technologies. Flexible job descriptions will encourage your employees to grow within their positions and learn how to make larger contributions to your company. For example: Is your office manager stuck "routinely ordering office supplies for the company and keeping the storage closet well stocked " or is she/he "developing and implementing a system of ordering office supplies that promotes cost savings and efficiency within the organization?" When writing a job description, keep in mind that the job description will serve as a major basis for outlining job training or conducting future job evaluations. A job description should include a:

Job Title
Job Objective or Overall Purpose Statement - This statement is generally a summary designed to orient the reader to the general nature, level, purpose, and objective of the job. The summary should describe the broad function and scope of the position and be no longer than three to four sentences.
List of Duties or Tasks Performed - The list contains an item by item list of principal duties, continuing responsibilities, and accountability of the occupant of the position. The list should contain each and every essential job duty or responsibility that is critical to the successful performance of the job. The list should begin with the most important functional and relational responsibilities and continue down in order of significance. Each duty or responsibility that comprises at least five percent of the incumbent's time should be included in the list.
Description of the Relationships and Roles the occupant of the position holds within the company, including any supervisory positions, subordinating roles, and/or other working relationships.

When using job descriptions for recruiting situations, you may also want to attach the following:

Job Specifications, Standards and Requirements - The minimum amount of qualifications needed to perform the essential functions of the job, such as education, experience, knowledge, and skills. Any critical skills and expertise needed for the job should be included. For example, for a receptionist, critical skills may be having 1) a professional and courteous telephone manner, 2) legible handwriting if messages are to be taken, 3) the ability to handle a multiple-lined phone system for a number of staff members, and 4) the patience and endurance to sit behind a desk all day.
Job Location - Where the work will be performed.
Equipment to be used in the performance of the job. For example, do your company's computers run on a Apple MacIntosh or PC Windows environment?
Collective Bargaining Agreements - Agreements and terms that relate to job functions, if applicable, such as when your company's employees are members of a union.
Non-Essential Functions - Functions which are not essential to the position or any marginal tasks performed by the incumbent of the position.
Salary Range - Range of pay for the position.

Keep each statement in the job description crisp and clear:

Structure your sentences in classic verb/object and explanatory phrases. Since the occupant of the job is your sentences' implied subject, it may be eliminated. For example, a sentence pertaining to the description of a receptionist position might read: "Greets office visitors and personnel in a friendly and sincere manner."
Always use the present tense of verbs.
If necessary, use explanatory phrases telling why, how, where, or how often to add meaning and clarity. For example: "Collects all employee time sheets on a bi-weekly basis for payroll purposes."
Omit any unnecessary articles such as "a," "an," "the," or other words for an easy to understand point description. Using the above example, the statement could have read, "Greets all visitors and the office personnel to the building in a friendly and a sincere manner."
Use unbiased terminology. For example: use the he/she approach or construct sentences in such a way that gender pronouns are not required.
Avoid using words, which are subject to differing interpretations. Try not to use words such as "frequently," "some," "complex," "occasional," and "several."

Employees vs. Contractors: What's The Difference?

Whether a person is an independent contractor or an employee generally depends on the amount of control exercised by the employer over the work being done. Dictating how a job is to be done or limiting the actions of the worker may establish an employer-employee relationship. http://www.business.gov/phases/managing/manage_employees/employees_contractors.html. Whether a person is an independent contractor or an employee generally depends on the amount of control exercised by the employer over the work being done. Dictating how a job is to be done or limiting the actions of the worker may establish an employer-employee relationship.

An independent contractor:

Operates under a business name
Has his/her own employees
Maintains a separate business checking account
Advertises his/her business' services
Invoices for work done
Has more than one client
Has own tools and sets own hours
Keeps business records

An employee:

Performs duties dictated or controlled by others
Is given training for work to be done
Works for only one employer

The Internal Revenue Service relies on the facts in each case. It does not recognize the validity of any written agreement between the parties. Anyone can get a ruling from the IRS by completing Form SS-8. For most small businesses, independent contractors should not be considered as substitutes for regular employees. Government agencies generally find that people in the work force are legally employees for tax purposes; the cost of being wrong, remitting unpaid payroll taxes, interest, and penalties can be very high.

Source: http://www.business.gov/topics/employees/hiring_procedures/