Make sure your hiring practices are in compliance with increased regulation in the hiring process.
Trump administration efforts to reshape federal employment law and numerous state and local employment law initiatives present a myriad of new challenges for employers. These include recruiting and hiring with new federal views on diversity, equity and inclusion (DEI), the vacating of the Executive Order that required affirmative action by federal contractors and state and local bans on criminal and salary history inquiries and wage transparency requirements. Determining whether new employees would be required to work in the office or remotely, or a hybrid mix all impact the hiring process. Reasonable accommodation requests have skyrocketed in the post-COVID-19 workplace and must be properly addressed. Increasing state limitations on non-competition and confidentiality agreements and assessing applicants’ existing non-compete obligations add even more complexity. While AI applicant screening tools promise much, employers must be cognizant of the risks in such technologies. In short, employers face a gauntlet of challenges in effective and lawful hiring; and knowing the top pitfalls and how to avoid them is key to successful hiring in the challenging labor markets facing employers. This program provides the key tools for avoiding top hiring process pitfalls.Learning Objectives
- You will be able to define prohibited inquiries in the hiring process and best practice protocols.
- You will be able to explain how to determine FLSA exempt/nonexempt status at hire.
- You will be able to identify best hiring practices in a hybrid work environment, including resolving reasonable accommodation requests.
- You will be able to recognize if an applicant’s current noncompete will limit the duties that can be performed for your organization.
Agenda
The Drastically Changed Federal Positions on Affirmative Action, DEI, LGBTQ+ Protections and Hiring
Background Checks: What’s Permissible and Impermissible and Wage Transparency Requirements?
Job Descriptions, Offer Letters and Best Hiring Practices
AI and Hiring Algorithms - Avoiding the Pitfalls
Non-Competition and Confidentiality Issues at Time of Hire
Speaker
Frank C. Morris, Jr.Epstein Becker & Green, P.C.
- Chair, employment law practice in Washington, D.C. and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of the Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits
- Adjunct professor at The George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in Washington, D.C. and Baltimore’s Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
