Make sure your hiring practices are in compliance with increased regulation in the hiring process.
Hiring for the COVID-19 pandemic reshaped workplace in a very tight labor market presents a myriad of new challenges for employers. These include effectively screening and interviewing candidates remotely without violating bans on criminal and salary history inquiries. Determining whether new employees would be required to work in the office, within a reasonable distance from an office, remotely, or a hybrid mix all impact the hiring process. Reasonable accommodation requests have skyrocketed in the COVID-19-impacted workplace and must be properly addressed. Increasing state limitations on noncompetition and confidentiality agreements and assessing applicants' existing noncompete 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 pandemic-changed workforce. This topic provides the tools for avoiding top hiring process pitfalls.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Background Checks: What's Permissible and Impermissible?
- Criminal History
- Credit Checks
- Prior Compensation
Hiring in a Hybrid Work Environment
- Vaccine Mandates
- Remote Work
- Reasonable Accommodation for Religion or Disability
- Colorado Equal Pay for Equal Work Act and Non-Colorado Employers
Job Descriptions and Best Hiring Practices
- Capturing Essential Job Functions
- Properly Establishing Exempt or Nonexempt Status
AI and Hiring Algorithms - Avoiding the Pitfalls
- Does the Algorithm Have a Disparate Impact?
- Has the Vendor Conducted a Validation Study?
- Are Adequate Applicant Records Being Made and Preserved?
Noncompetition and Confidentiality Issues at Time of Hire
- Existing Applicant Noncompetition and/or Confidentiality Obligations
- Determining Whether or Which State Limitations May Apply
- Assuring Necessary Protection Is Secured at Time of Hire
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on December 7, 2021.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IL CLE 1.0
- This course was approved for a total of 1.0 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.25
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.25 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 68 Minutes.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.25
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.2
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.2 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Senior Partner in the 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, and Washington, D.C. and Baltimore Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
- Can be contacted at [email protected]
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Why Lorman?
Over 36 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- OnDemand Courses
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- Course Manuals
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- State Specific Credit Tracker
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