This week’s guest has extensive experience defending Class and Collective action lawsuits under federal and state wage and hour laws. His practice focuses on representing employers in a wide range of workplace matters as well as preventative advice and counseling. Welcome back to the show, Brian Shenker, Principal at Jackson Lewis P.C.! Brian sits down with host Mike Vannoy to discuss key aspects of the hiring process such as, conducting interviews, being cautious about legally protected personal characteristics, and conducting background checks. They also discuss recent legal trends like ban-the-box laws and pay transparency laws and how businesses can navigate these. It’s an enlightening episode you don’t want to miss! 

Takeaways:

• During the hiring process, focus on the job's requirements rather than the personal qualifications or private life of the candidate. Assess whether applicants can fulfill the job's duties and perform them well without considering their protected characteristics.
• Brian highlights the importance of being up-to-date with legal trends. For example, "ban-the-box" laws prohibit asking about criminal history early in the job application process. Similarly, salary transparency laws prohibit asking applicants about past salaries.
• Employers should customize every aspect of the hiring process, including job postings, documentation, legal compliance, and onboarding, to match the specific needs of the job. This involves updating job descriptions, following local laws on sensitive questions, and ensuring clear communication about job roles and company policies for new hires.
• Companies need to avoid asking questions or making assumptions on protected characteristics (age, sex, religious beliefs, etc.) during the hiring process and should treat all applicants equally. 
• Limit use of social media during the hiring process, as it could lead to consideration of protected characteristics unknowingly. If used, it should be consistently applied across all applicants and only to assess industry-related activities and professional behavior.

Quote of the Show:

• “Legal compliance goes hand in hand with culture.” - Brian Shenker
• “You will have better employee morale when you’re doing things the right way.” - Brian Shenker

Links:

• LinkedIn: https://www.linkedin.com/in/brian-shenker-53708712/ 
• Company Website: http://www.jacksonlewis.com 

Ways to Tune In:

• Spotify: https://open.spotify.com/show/2XThTdn7YC1lkAm0PgZUkj  
• Apple Podcasts: https://podcasts.apple.com/us/podcast/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent/id1725890976 
• Amazon Music: https://music.amazon.com/podcasts/328dddd0-3c4f-4b07-a0d3-13bdcb418486/mission-to-grow-a-small-business-guide-to-cash-compliance-and-the-war-for-talent?refMarker=null 
• Audible: https://www.audible.com/pd/Mission-to-Grow-A-Small-Business-Guide-to-Cash-Compliance-and-the-War-for-Talent-Podcast/B0CS71KQFM?qid=1706208857&sr=1-1&ref_pageloadid=not_applicable&ref=a_search_c3_lProduct_1_1&pf_rd_p=83218cca-c308-412f-bfcf-90198b687a2f&pf_rd_r=A1ME8MBECSVZ6K4D7CNT&pageLoadId=QBtg12mqKsuZPLGY&creativeId=0d6f6720-f41c-457e-a42b-8c8dceb62f2c 
• Podchaser: https://www.podchaser.com/podcasts/mission-to-grow-a-small-busine-5591006 
• Transistor: https://missiontogrow.asuresoftware.com/ 
• YouTube: https://www.youtube.com/@AsureSoftware