What Direction are We Headed In

A friend recently loaned us a copy of the four seasons of the show 4400. In one of the episodes a teacher is charged with child abuse because she inspired her students to utilize their talents. Right after watching the episode we downloaded two reports --Preparing the Workers Today for the Jobs of Tomorrow and The Ill-Prepared U.S. Workforce. We also watch as a segment of the population argues against the President talking to school children about making a difference in their world. The two reports mentioned above says that many employers are reporting a segment of the workforce is neither trained for tomorrow's jobs nor or they prepared for the jobs of today. When we look at the available training opportunities we need to really look at just what we are teaching our business leaders of tomorrow. Dr. Richard Florida, in his book Flight of the Creative Class, suggests that many of the world's talent are forsaking the U.S. job market because they can find better opportunities elsewhere. If they are not williong to come here, some may suggest that we have the talent locally to fill those positions. However, if they are not prepared for the demands of those jobs, what are we telling our customers? What are we telling the global marketplace? How do we expect to compete against the changing world? For those of you who believe we are doing fine just as we are (and I know there are some out there who think that way) I would suggest that you look at the You Tube presentation http://www.youtube.com/watch?v=pMcfrLYDm2U and
http://www.youtube.com/watch?v=jpEnFwiqdx8

New Years Wishes

To all of our Jewish  clients, we wish you and your a happy Rosh Hashanah as we begin the Jewish High Holy Days

Employer May Be Liable for Hiring Done by Independent Contractor

2nd Circuit - Employer May Be Liable for Hiring Done by Independent Contractor 09/16/2009

by Maria Greco Danaher, Ogletree Deakins (Pittsburgh) The Age Discrimination in Employment Act (ADEA) makes it unlawful to discriminate against an individual over the age of 40, and specifically includes a prohibition against failing to hiring someone based on his or her age.  The 2d U.S. Circuit Court of Appeals recently pointed out the expansive nature of that prohibition by holding that an employer may be held liable for discrimination by third parties - including an independent contractor who is authorized by the employer to make hiring decisions on its behalf.  Halpert v. Manhattan Apartments, Inc., 2d Cir., No. 07-4074-cv, September 10, 2009.  In October 2001, Michael Halpert interviewed for a position to show rental apartments for Manhattan Apartments, Inc. (MAI).  The interview was conducted by Robert Brooks, an independent contractor/broker who allegedly told Halpert that Halpert was “too old” to work in the prospective position, and asked why the placement center had not sent a younger applicant.  Halpert was born on September 19, 1957.  In response to a lawsuit filed by Halpert, MAI filed a motion for summary judgment which was granted by the district court.  The district court found that MAI as not an “employer” under the definition of the ADEA, and dismissed the case against MAI.  That decision was reversed by the Second Circuit, which remanded the case for trial.  The Second Circuit based the reversal on the fact that the ADEA’s prohibitions against discrimination apply to the hiring process, whether a company uses its own employees to interview applicants, or asks an independent contractor to fill that role.  If a company gives someone authority to interview applicants and make hiring decisions on behalf of the company, the company may be held liable if that contractor discriminates against an applicant because of the applicant’s age. MAI’s potential liability under the ADEA turns on whether Brooks was hiring Halpert to work for him as a fellow independent broker, or was making the hiring decision for MAI as its agent.  The Court pointed out that MAI sponsored a training program for individuals hired to show the apartments, that the successful applicants would earn commissions from MAI, that the interview took place at MAI’s offices, and that the placement person who sent Halpert to the interview testified that she believed that he was being interviewed for a position with MAI.  The Court held that there were disputed issues of material fact that precluded dismissal of the action. The controversy in this case was not whether MAI was liable for discrimination against an independent contractor (an action typically not protected against under the ADEA), but whether MAI can be held liable for age discrimination by an independent contractor when that person works as an agent for MAI.  The Court found that the answer to this question is an unequivocal Yes.  Based on a posting on the Employment Law Information Network

From Our Client Family

National Corporate Housing is seeking an Account Executive in our Herndon, VA office. Please forward this on if you know of anyone that might be a good fit for this position. For more information contact:

Misty Gregarek
Human Resource Director,  PHR, CRP
tel: 303-863-7002   
email: mgregarek@nationalcorporatehousing.com
web: www.nationalcorporatehousing.com

10 Best U.S. Cities to Earn a Living

ABC News has released their list of the best places to earn a living in today's employment market. The cities are:
Dallas, Tx
Houston, TX
Minneapolis, MN
Austin, TX
Washington, DC
St Louis, MO
Seattle, WA
Atlanta, GA
Kansas City, MO/KS
Denver, CO

If this is correct, may lead to an influx of new transferees for your businesses. The full story can be found at

http://abcnews.go.com/Business/best-us-cities-earn-living/Story?id=8520018&page=1

Be careful of what you wish for

In today's edition of the Employment Law Network email magazine, there are a number of articles that discuss the broadening of the anti-discrimination laws in the US due to recent legal decisions. We have all heard the saying it is not who you know, but who knows you when we are talking to those individuals who are looking for new work opportunities. It seems from these recent decisions, that it has now carried over to the employee base as a whole. For example consider the cases below from the Jackson and Lewis Law Firm:

1. Court of Appeals for the Second Circuit, in New York, in a case involving the allegations of a Caucasian assistant basketball coach who had claimed he was discharged because he married an African-American woman. The Court held, “[w]here an employee is subjected to adverse action because an employer disapproves of interracial association, the employee suffers discrimination because of the employee’s own race.”
2. In a Sixth Circuit decision, three Caucasian women sued their employer, alleging they were discriminated against based upon their friendship with, and advocacy for, African-American co-workers. Examples of the allegedly racially discriminatory incidents included: overhearing co-workers using racial slurs and telling racist jokes, being told “missed you ladies at the [Ku Klux] Klan meeting last night”, viewing racial graffiti in various places in the plant, being “snubbed” because of the employee’s association with African-American employees, receiving less desirable work assignments, and not being considered for promotions.
3. the Seventh Circuit overruled the District Court’s grant of summary judgment in favor the employer, holding that “an employee, fired because her spouse has a disability that is costly to the employer (i.e., he is covered by the company’s health plan) is within the intended scope of the ‘associational discrimination’ section of the ADA.” A jury was allowed to consider the plaintiff’s claim because she had established that direct evidence of “associational discrimination” may have motivated the employer’s decision to fire her.
What does this mean to you? It means that you need to add to your consideration all factors involved in a reduction in force to be sure that you clearly state your case and are not walking that thin line between business necessity and discrimination.

Violation of Free Speech or Citizenry Protection

Because of new guidelines on advertising and blogging under review by the Federal Trade Commission, some HR blogger practices are coming under scrutiny, including questions about reporting standards and the disclosure of conflicts of interest, reports Workforce Management.
Here is the question-- are they violating our right to free speech or are they trying to reduce the number of blog entries which have either misleading information or do not disclose the bandwagon they are on?

IMPORTANT NOTIFICATION

Effective today, September 9, 2009, federal contractors and subcontractors are required to begin using E-Verify for all employees both current and future.

Mobility Article

In the October 2009 issue of Mobility Magazine, the official journal of the Relocation Industry, there will appear an article entitled In Plain Sight written by Daniel Bloom, discussing six sigma and how it can improve the relocation industry. Let us know your thoughts.

Tip for the marketplace

Monster has said their August numbers showed the best month for job openings in four years . SHRM, the HR trade association, announced today that their survey of hiring officials are foreseeing a very strong September for new hiring. So here is a tip to gain competitive advantage on the market.
Step 1: If you have not already done so, open a free account on Twitter ( you can follow us at Dbainc)

Step 2: Download Tweetdeck (http://www.tweetdeck.com)

Step 3: When you have the tweetdeck fully synced with your facebook and twitter accounts, locate the search icon in the tool bar. In the search field, enter the following terms (I would recommend one at a time): Human Resource, Relocation, and any other associated terms that you choose.

Step 4: Keep tweetdeck open inthe background on your computer. Everytime a Tweet is posted regarding your search terms, it shows up in Tweetdeck. You can find jobs, other vendors and news.

Try it and enjoy.

Relocation announcement

Special Devices Inc., a California-based company that makes air bag igniters and other pyrotechnic devices, is consolidating its North American auto business in Mesa and relocating 250 positions here in the process.