August 14, 2022

Volume XII, Number 226

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August 11, 2022

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Remote or Not - When is a Job Posting False Advertising?

The Wall Street Journal reported today on what appears to be a growing bait-and-switch trend of advertising a position as "remote" when in fact the position is either partially remote or not remote at all. Launching a lawsuit against an employer even before applying for a position is probably not career enhancing, but luring candidates based on incorrect or dated information is equally unproductive. Updating job descriptions is important for a fair and transparent hiring process (and the equally important goal of articulating the actual qualifications for the position). How can a candidate vet the accuracy of a job posting? Ask pointed but appropriate questions about the position. And if the job description doesn't match the advertisement, graciously indicating a lack of interest is a courteous and professional response.  Unlike position location, however, the regulatory trend requiring salary range disclosure is a trend that comes with real legal teeth and a compliance to-do list for human resources professionals (especially for New York employers - more on that coming soon).    

Yet remote-job hunters are discovering that roles initially touted in postings as remote aren’t always what they expected. Some jobs listed as remote require the hire to come into an office at least part time or live nearby for occasional in-person meetups.

https://www.wsj.com/articles/is-that-remote-job-opening-really-remote-check-the-fine-print-11656961532

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XII, Number 186
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About this Author

Jennifer Rubin Employment Attorney Mintz
Member

Jen draws on 30 years of experience crafting legal solutions to employment challenges. Her clients include small and large businesses and individual representation of executives. She advises technology, financial services, publishing, retail, professional services, and health care companies seeking regulatory, litigation, and compliance advice. She divides her employment practice between wage and hour compliance and trial practice, with a focus on class actions, trade secrets and employment mobility disputes, and the defense of discrimination, retaliation and other disputes arising from...

858.314.1550
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