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supreme court to further clarify class arbitration issues
​frank varela fell victim to a phishing scheme at work. hackers pretending to be his employer got an employee to send workers' private information and then filed fraudulent tax returns. varela sued his employer, lamps plus, on behalf of himself and other victims.lamps plus fought the suit, saying varela should bring his claims in arbitration as an individual, not a class, and pointed to an agreement varela signed when he started working there. but varela says he didn't waive the right to bring class claims under the arbitration agreement. so who's right?`the question is whether or not an employer can be forced into class arbitration simply because there is broad language in the arbitration agreement that appears to cover all claims,` noted edward berbarie, an attorney with littler in dallas.  the 9th u.s. circuit court of appeals said varela could bring his class claims in the arbitration setting, and the u.s. supreme court has decided to weigh in.  the case is mostly about how arbitration agreements are drafted, said scott witlin, an attorney with barnes & thornburg in los angeles. in addition to hearing this issue, the high court is expected to deliver an opinion soon in another set of cases that ask whether class-action waivers in arbitration agreements violate the national labor relations act. [update: the u.s. supreme court ruled 5-4 on may 21 that arbitration agreements waiving class actions and providing for individualized arbitration proceedings are enforc...
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seasons 52 settles $2.85m hiring discrimination lawsuit
​recent high-profile cases alleging bias against older job applicants were based on campus recruiting programs and online recruitment campaigns, new territory for litigation.but the settlement this month between the u.s. equal employment opportunity commission (eeoc) and the seasons 52 restaurant chain indicates that the more familiar pattern or practice of age discrimination is still a problem.the orlando-based chain, part of the darden family of restaurants, will pay $2.85 million to settle a nationwide class-action age discrimination lawsuit. the eeoc charged that applicants over 40 years old had been denied jobs at 35 seasons 52 restaurants around the country, in violation of the age discrimination in employment act (adea).       the case was based on more than 135 applicants' sworn testimony that hiring managers asked them their age or made age-related comments during their interviews. statements allegedly made included `seasons 52 girls are younger and fresh,` `we are not looking for old, white guys` and `we are looking for people with less experience.``this case is an indication of how far we still need to go when it comes to age discrimination 50 years after the enactment of the adea,` said laurie mccann, a senior attorney for the aarp foundation in washington, d.c. `we are pleased that the eeoc is pursuing these hiring cases. the agency is in a much better position than individuals to go after hiring discrimination.`  that's because the eeoc ca...
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employers want more interns, but student interest lags
​more organizations are seeking interns this summer compared with recent years but searches for internships are down, according to job postings data from indeed.the global job search engine's labor market research shows that the number of summer internship postings this spring is substantially higher than in the previous two years.`internship job postings are off to a fast start in 2018,` said daniel culbertson, an economist at the indeed hiring lab, the research institute for the company. but interest from students, measured by job searches including the terms `intern` or `internship` on indeed, are down. they've passed 2016 levels but are short compared with numbers for 2017.`searches that include the terms are off to a slow start and could underwhelm this year,` culbertson said.just as in previous years, searches for internships peaked in march, according to the data, typically the time when students begin looking for a summer position. internship postings and searches reach a second peak in november, which is likely when people are looking for a spring internship, culbertson explained. `we see no similar peak before the start of the fall semester, meaning most truly take advantage of their summer vacation.`liz wessel, co-founder and ceo of wayup, a new york city-based job site and resource center for college students and recent graduates seeking internships or their first jobs, said she has seen no drop in student interest in internships but agrees that empl...
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california bill would expand harassment-prevention training
a california lawmaker has introduced legislation that would expand harassment-prevention training requirements—and the bill has both pros and cons for employers, according to experts.currently, california employers with 50 or more workers must provide training to supervisors only. under the bill, sb 1343, businesses with five or more workers would need to train all of their employees.by january 2020, covered employers would need to provide two hours of harassment-prevention training. thereafter, employers would need to educate workers on this topic once every two years.one benefit of the legislation is that complaints might be brought to management's attention at an earlier stage, which would be a good development, according to jack schaedel, an employment attorney with scali rasmussen in los angeles.[shrm members-only toolkit: complying with california sexual harassment training requirements]however, there are some aspects of the bill that raised concerns. in interviews with shrm online, employment attorneys and a harassment-prevention trainer said that the two-hour training requirement is excessive for nonsupervisory employees. also, concerns were raised about the impact of the bill on small businesses.the detailsthe bill was introduced by sen. holly mitchell, d-los angeles. under the legislation, the training would need to cover:prevention of sexual harassment.prevention of abusive conduct.prevention of harassment based on gender identity, gender expression a...
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how to talk with a worker about body odor
as summer nears, how to address the issue of body odor is a real concern in the workplace. here are some do’s and don’ts for addressing this problem.
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research: employers willing to overlook a criminal record to hire the right person
u.s. employers are willing to hire someone with a record if that applicant is the best person for the job, according to a study from the society for human resource management and the charles koch institute released may 17.
Tags : research: employers willing to overlook a criminal record to hire the right person research: employers willing to overlook a criminal record to hire the right person
will california employers see an opportunity-to-work law?
though some northern california cities require employers to offer additional shifts to their part-time workers before hiring more staff, an effort to expand the measure statewide failed to gain traction.
Tags : will california employers see an opportunity-to-work law? will california employers see an opportunity-to-work law?
more employers ditch performance appraisals
doing away with formal performance reviews is a trend that continues to grow.
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senegal: work permit approval required before start date
employment contracts for foreign workers in senegal can no longer have a projected start date that takes effect prior to the issuance of the work permit.
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ontario: new act takes aim at gender wage gap
ontario's newly enacted pay transparency act, 2018, contains some important implications for employers with respect to compensation history, job postings, pay transparency reports and anti-reprisal.
Tags : ontario: new act takes aim at gender wage gap ontario: new act takes aim at gender wage gap
how to help a ceo thrive
from freshly minted entrepreneurs to highly compensated ceos, the world is brimming with leaders. in fact, according to the u.s. bureau of labor statistics, there are nearly a quarter million ceos in america alone. but the latest installment of state of the american manager, gallup’s yearly report, states that only 1 in 10 people possess the talent that’s required of a ceo. so, if 90 percent of people lack management skills, how can new leaders arrive—and thrive—in the c-suite?
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congress could ease e-delivery barriers for 401(k) information
the u.s. congress is weighing legislation to simplify and modernize 401(k) retirement plan administration for employers, such as by expanding electronic delivery of plan information. the measures have attracted bipartisan support, suggesting that they might be able to move forward.
Tags : congress could ease e-delivery barriers for 401(k) information congress could ease e-delivery barriers for 401(k) information
california bill would expand harassment-prevention training
a california lawmaker has introduced legislation that would expand harassment-prevention training requirements—and the bill has both pros and cons for employers,
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supreme court to further clarify class arbitration issues
the justices will consider whether an employer can be forced into class arbitration—as opposed to individual arbitration with a single employee—if there is broad language in the arbitration agreement that appears to cover all claims.
Tags : supreme court to further clarify class arbitration issues - arbitration supreme court to further clarify class arbitration issues
more employers ditch performance appraisals
​phoenix—doing away with formal performance reviews is a trend that continues to grow. fewer employers conducted formal performance reviews in 2017 compared to 2016: 91 percent versus 94 percent, said james pennington, an attorney with ogletree deakins in birmingham, ala., at the firm's recent 2018 national workplace strategies seminar, referring to a 2018 worldatwork survey. fewer gave formal performance ratings, too: 80 percent in 2017 compared to 85 percent in 2016.but more reported frequent—at least quarterly—informal performance check-ins in 2017: 50 percent in 2017 versus 42 percent in 2016. crowdsourced feedback was conducted at 16 percent of surveyed companies, mostly large companies, pennington said.dissatisfaction with formal performance appraisalsthe reasons for the trend are clear. nearly all managers (95 percent) are dissatisfied with formal performance appraisals, and most (90 percent) hr professionals think the appraisals are inaccurate, he noted, citing statistics from management research firm ceb.many employees don't like them either. he said that common employee complaints about performance appraisals are that the reviews:do not reward high performers or deal with poor performers.are disrespectful.are untimely.supervisors don't like formal reviews because they are time-consuming and don't motivate employees, he noted. potential pitfallsthe formal review process is full of potential traps for the unwary. hr professionals often get blamed for the...
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how to bridge the language gap
facing worker shortages, hr leaders are helping workers learn english, creating a new pipeline for middle-skill workers.
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global recruiting tips for hr
recruiting talent from outside the u.s. requires hr to develop a comprehensive program, starting with a strategy based on business needs.
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supreme court to further clarify class arbitration issues
​frank varela fell victim to a phishing scheme at work. hackers pretending to be his employer got an employee to send workers' private information and then filed fraudulent tax returns. varela sued his employer, lamps plus, on behalf of himself and other victims.lamps plus fought the suit, saying varela should bring his claims in arbitration as an individual, not a class, and pointed to an agreement varela signed when he started working there. but varela says he didn't waive the right to bring class claims under the arbitration agreement. so who's right?`the question is whether or not an employer can be forced into class arbitration simply because there is broad language in the arbitration agreement that appears to cover all claims,` noted edward berbarie, an attorney with littler in dallas.  the 9th u.s. circuit court of appeals said varela could bring his class claims in the arbitration setting, and the u.s. supreme court has decided to weigh in.  the case is mostly about how arbitration agreements are drafted, said scott witlin, an attorney with barnes & thornburg in los angeles. in addition to hearing this issue, the high court is expected to deliver an opinion soon in another set of cases that ask whether class-action waivers in arbitration agreements violate the national labor relations act. `at the end of the day, i don't think the supreme court is going to say employers can't have arbitration agreements; the question is about how to properly draft the agr...
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california bill would expand harassment-prevention training
a california lawmaker has introduced legislation that would expand harassment-prevention training requirements—and the bill has both pros and cons for employers, according to experts.currently, california employers with 50 or more workers must provide training to supervisors only. under the bill, sb 1343, businesses with five or more workers would need to train all of their employees.by january 2020, covered employers would need to provide two hours of harassment-prevention training. thereafter, employers would need to educate workers on this topic once every two years.one benefit of the legislation is that complaints might be brought to management's attention at an earlier stage, which would be a good development, according to jack schaedel, an employment attorney with scali rasmussen in los angeles.[shrm members-only toolkit: complying with california sexual harassment training requirements]however, there are some aspects of the bill that raised concerns. in interviews with shrm online, employment attorneys and a harassment-prevention trainer said that the two-hour training requirement is excessive for nonsupervisory employees. also, concerns were raised about the impact of the bill on small businesses.the detailsthe bill was introduced by sen. holly mitchell, d-los angeles. under the legislation, the training would need to cover:prevention of sexual harassment.prevention of abusive conduct.prevention of harassment based on gender identity, gender expression and sexual ...
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the art of servant leadership
​shrm has partnered with security management magazine to bring you relevant articles on key hr topics and strategies.servant leaders are a revolutionary bunch—they take the traditional power leadership model and turn it completely upside down. this new hierarchy puts the people—or employees, in a business context—at the very top and the leader at the bottom, charged with serving the employees above them. and that's just the way servant leaders like it.that's because these leaders possess a serve-first mindset, and they are focused on empowering and uplifting those who work for them. they are serving instead of commanding, showing humility instead of brandishing authority, and always looking to enhance the development of their staff members in ways that unlock potential, creativity and sense of purpose.  the end result? `performance goes through the roof,` says art barter, founder and ceo of the servant leadership institute and former ceo of datron world communications, inc.`magic happens,` agrees pat falotico, a former executive leader at ibm who is now ceo of the robert k. greenleaf center for servant leadership. experts often describe the majority of traditional business leaders as managers who mainly function as overseers of a transaction: employees maintain desired performance levels, and in exchange they receive salary and benefits. generally, these managers are positional leaders—they derive authority simply from the fact that they are the boss.the se...
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work permit approval required before start date
​employment contracts for foreign workers in senegal can no longer have a projected start date that takes effect prior to the issuance of the work permit, according to a directive issued by the directorate of labor in senegal.previously, work permit applicants could start working immediately after obtaining their medical report in senegal—one of the first steps of the work authorization process.impactgenerally, this directive affects the following aspects of a foreign worker's stay in senegal:work activities restriction. foreign nationals taking up long-term employment in senegal must now wait until their work permit is issued to start work. since work permit applicants enter senegal under a business visa, they can no longer perform hands-on work or other work activities until their work permit is issued, which can take up to four weeks.projected employment contract start date. employment contracts must now contain a projected start date instead of an actual start date, since the start date will depend on when the work permit is approved.looking aheadsenegalese immigration authorities plan to introduce a short-term work permit to further prevent foreign nationals under a business visa in senegal from performing work activities.© 2018 fragomen fz llc. all rights reserved. reposted with permission of lexology.
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new act takes aim at gender wage gap
​ontario's newly enacted pay transparency act, 2018, will take effect on jan. 1, 2019, and contains some important implications for employers with respect to compensation history, job postings, pay transparency reports and anti-reprisal.introduced on march 20, 2018, the act progressed quickly to royal assent on may 7, 2018, surprising many who expected the act's outcome to hinge on the upcoming provincial election in june. the act aligns with recent changes to the employment standards act, 2000, as well as the federal government's renewed focus on overcoming gender inequality in the workforce.compensation historyemployers will be prohibited from asking an individual who applies for employment, either directly or indirectly, about his or her compensation history. employers may seek information about ranges of compensation for a comparable position, and employers are not prohibited from considering or relying on compensation information that is voluntarily disclosed by the applicant or publicly available.job postingsemployers must include expected compensation, or a range of expected compensation, in each external job posting for a specific position advertised to the general public. however, the act specifically exempts help-wanted posters, recruitment campaigns and internal job postings from this requirement.pay transparency reportsperhaps the most significant change for employers is the requirement that every employer of at least 100 employees must prepare a pay transpar...
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how to help a ceo thrive
from freshly minted entrepreneurs to highly compensated ceos, the world is brimming with leaders. in fact, according to the u.s. bureau of labor statistics, there are nearly a quarter million ceos in america alone. but the latest installment of state of the american manager, gallup's yearly report, states that only 1 in 10 people possess the talent that's required of a ceo. so, if 90 percent of people lack management skills, how can new leaders arrive—and thrive—in the c-suite?leslie peters, author of the newly revised finding time to lead: seven practices to unleash outrageous potential (difference press, 2017), says ceos are typically appointed because they excelled at something their company cares about. or perhaps they were the brains behind a startup's new product or service.`but one thing's for sure,` she said. `none of them went to ceo school.`we sat down with peters, who is also the founder, ceo and chief facilitator of her consultancy, elements partnership in st. louis, to ask her how ceos can thrive. what should be a new ceo's top priority? the first thing the ceo can do is to prioritize building and sustaining an incredible culture. prioritizing culture means giving it your care and attention. [author and motivational speaker] simon sinek says, `as the leader goes, so goes the culture.` i think that's true. whether you lead a company of 10 people or 10,000 people, your own values and behaviors will permeate the culture. knowing those values and alig...
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how to help a ceo thrive
from freshly minted entrepreneurs to highly compensated ceos, the world is brimming with leaders. in fact, according to the u.s. bureau of labor statistics, there are nearly a quarter million ceos in america alone. but the latest installment of state of the american manager, gallup's yearly report, states that only 1 in 10 people possess the talent that's required of a ceo. so, if 90 percent of people lack management skills, how can new leaders arrive—and thrive—in the c-suite?leslie peters, author of the newly revised finding time to lead: seven practices to unleash outrageous potential (difference press, 2017), says ceos are typically appointed because they excelled at something their company cares about. or perhaps they were the brains behind a startup's new product or service.`but one thing's for sure,` she said. `none of them went to ceo school.`we sat down with peters, who is also the founder, ceo and chief facilitator of her consultancy, elements partnership in st. louis, to ask her how ceos can thrive. what should be a new ceo's top priority? the first thing the ceo can do is to prioritize building and sustaining an incredible culture. prioritizing culture means giving it your care and attention. [author and motivational speaker] simon sinek says, `as the leader goes, so goes the culture.` i think that's true. whether you lead a company of 10 people or 10,000 people, your own values and behaviors will permeate the culture. knowing those values and alig...
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how yearlong paid leave works
​the bill & melinda gates foundation's benefit for new parents—52 weeks of paid leave—is in its infancy, just three years in existence, but it is popular with employees, some of whom are planning on using it a second time. the benefit goes well beyond any state paid-leave requirements.filling employees' positions during their time off is a carefully planned process, requiring a lot of communication to ensure that managers and employees feel supported and that work will get done while the employee is out, noted steven rice, chief human resources officer for the bill & melinda gates foundation, headquartered in seattle. the program has been a resounding success from a retention and recruiting standpoint, with only two of the 222 participants deciding to leave the foundation to be at-home parents. `the rest have stayed and are highly engaged,` rice noted. paid leave was a natural priority for the organization, which advocates for children's health, he remarked. the benefit is available to all full-time employees for the first year following birth or adoption.because the foundation wants to support employees who are building families, it hasn't prohibited employees from using paid leave more than once. but rice said that if the foundation sees a `concerning trend,` it may then want to reconsider how many times workers can use the benefit.filling the job of someone on parental leave may involve an employee making a lateral move or several people taking on parts of a ...
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will california employers see an opportunity-to-work law?
though some northern california cities require employers to offer additional shifts to their part-time workers before hiring more staff, an effort to expand the measure statewide failed to gain traction.the california opportunity to work act (ab 5) would have permitted businesses with 10 or more employees to add new workers or take on temporary staff only after part-timers on their payroll had the chance to pick up extra hours. the legislation was introduced in late 2016 by assemblywoman lorena gonzalez fletcher, d-san diego, and died in committee in january.her bill was modeled on a san jose ordinance that took effect in march 2017. gonzalez fletcher wanted to gauge how the san jose law fared before trying again to move ahead with statewide legislation, a spokesman for the legislator said last year. recent calls to her office and staff were not returned. san francisco also requires certain large retail chains to offer additional hours to qualified part-time staff before hiring new employees, and the east bay city of emeryville incorporated similar provisions into its fair workweek ordinance, which took effect in july 2017. san jose and emeryville officials have issued no citations or fines for violations of these local ordinances. employers' apparent compliance in those cities suggests that statewide legislation may not be needed, particularly during a time of low unemployment. opposition to the bill`i didn't think we needed it statewide,` said michael kalt, government a...
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how to thrive as a ceo
from freshly minted entrepreneurs to highly compensated ceos, the world is brimming with leaders. in fact, according to the u.s. bureau of labor statistics, there are nearly a quarter million ceos in america alone. but the latest installment of state of the american manager, gallup's yearly report, states that only 1 in 10 people possess the talent that's required of a ceo. so, if 90 percent of people lack management skills, how can new leaders arrive—and thrive—in the c-suite?leslie peters, author of the newly revised finding time to lead: seven practices to unleash outrageous potential (difference press, 2017), says ceos are typically appointed because they exceled at something their company cares about. or perhaps they were the brains behind a startup's new product or service.`but one thing's for sure,` she said. `none of them went to ceo school.`we sat down with peters, who is also the founder, ceo and chief facilitator of her consultancy, elements partnership in st. louis, to ask her how ceos can thrive. what should be a new ceo's top priority? the first thing the ceo can do is to prioritize building and sustaining an incredible culture. prioritizing culture means giving it your care and attention. [author and motivational speaker] simon sinek says, `as the leader goes, so goes the culture.` i think that's true. whether you lead a company of 10 people or 10,000 people, your own values and behaviors will permeate the culture. knowing those values and align...
Tags : how to thrive as a ceo - that ,your ,what ,leader ,people ,great ,great leader ,these shifts ,great leaders ,accelerate your ,silver bullet how to thrive as a ceo
congress could ease e-delivery barriers for 401(k) information
the u.s. congress is weighing legislation to simplify and modernize 401(k)-type retirement plan administration for employers, such as by expanding electronic delivery of plan information. the measures have attracted bipartisan support, suggesting that they might be able to move forward. on may 16, the u.s. house subcommittee on health, employment, labor and pensions (help) held a hearing on four proposals that would update the employee retirement income security act (erisa) that governs and sets minimum standards for employer-sponsored defined contribution retirement plans: the retirement plan modernization act(h.r. 4158) increases the automatic cash-out limit for departing employees' small-balance retirement accounts from $5,000 to $7,600 and defrays some of the costs of retirement plan administration for small employers. the retirement security for american workers act (h.r. 854) eliminates two burdensome requirements affecting multiple-employer plans (meps): the `common nexus` requirement that prevents adoption of open meps, in which unrelated employers may collectively satisfy plan administration requirements; and the `one bad apple` rule that disqualifies the whole mep for one employer's failure to meet the plan's requirements.the proposals on open meps and the fiduciary safe harbor for selecting annuity providers are also part of the retirement enhancement and savings act (h.r. 5282), which is before congress as well.`many erisa provisions re...
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employers willing to overlook a criminal record to hire the right person
at a time when unemployment is at a 17-year low of 3.9 percent and 70 million americans—or 1 in 3 adults—have a criminal record, employers are widening their search for job candidates to include people with criminal histories. u.s. employers are willing to hire someone with a record if that applicant is the best person for the job, according to a study from the society for human resource management (shrm) and the charles koch institute (cki) released today.employers are willing to consider candidates with criminal histories if they have good references, a solid performance record and a certificate of rehabilitation and are trained in skills the employer is seeking, according to the report. six states—arizona, california, illinois, nevada, new jersey and new york—offer rehabilitation certificates or something similar. in fact, two-thirds of managers and three-fourths of hr professionals have hired people who committed misdemeanors or substance-related felonies such as duis. fewer report hiring people convicted of violent or theft felonies. and more than two-thirds of hr professionals who have hired people with criminal histories think their quality of work is as high as or higher than the work of employees who don't have a criminal record.the findings are from a survey shrm conducted with 1,228 hr professionals in march and interviews that the national opinion research center, norc at the university of chicago, conducted with 540 managers—including members of the ...
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employers willing to overlook a criminal record to hire the right person
at a time when unemployment is at a 17-year low of 3.9 percent and 70 million americans—or 1 in 3 adults—have a criminal record, employers are widening their search for job candidates to include people with criminal histories. u.s. employers are willing to hire someone with a record if that applicant is the best person for the job, according to a study from the society for human resource management (shrm) and the charles koch institute (cki) released today.employers are willing to consider candidates with criminal histories if they have good references, a solid performance record and a certificate of rehabilitation and are trained in skills the employer is seeking, according to the report. six states—arizona, california, illinois, nevada, new jersey and new york—offer rehabilitation certificates or something similar. in fact, two-thirds of managers and three-fourths of hr professionals have hired people who committed misdemeanors or substance-related felonies such as duis. fewer report hiring people convicted of violent or theft felonies. and more than two-thirds of hr professionals who have hired people with criminal histories think their quality of work is as high as or higher than the work of employees who don't have a criminal record.the findings are from a survey shrm conducted with 1,228 hr professionals in march and interviews that the national opinion research center, norc at the university of chicago, conducted with 540 managers—including members of the ...
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