25

Jul

2017

Common Mistakes Employers Make On Their Employment Applications

Author: Kristen Cifolelli

Smart employers use employment applications to gather consistent data in a uniform format about their applicants.  This allows for easier comparison of their backgrounds and skill sets in order to help make better hiring decisions.  Some of the other benefits of using applications include gathering information that an applicant wouldn’t typically include on their resume such as reasons for leaving a prior employer and gaining a signoff regarding the accuracy of the information...

25

Jul

2017

Cannot Fire Employee for Profanity Laced Facebook Post

Author: Anthony Kaylin

It's always a question to employers as to what extent off duty actions can be held against an employee.  Certain situations may be easier than others to assess, such as an employee arrested for a crime.  But what about an employee’s Facebook rantings?  

18

Jul

2017

A First: Google Beats OFCCP on Access to Records Case

Author: Anthony Kaylin

In a highly unusual victory by the employer, Google beat back the Office of Federal Contract Compliance Programs (OFCCP) attempt to force them to respond to an exhaustive data request.  The case started as a regularly scheduled compliance review of Google’s headquarters by letter dated September 20, 2015.  In the course of the audit indicators arose.  Google had a $600,000 federal contract with the General Services Administration it won in 2014.  

11

Jul

2017

U.S. DOL Walks a Fine Line as it “Walks Back” Overtime Rules

Author: Michael Burns

The US Department of Labor (DOL) is working toward rescinding its judicially enjoined overtime rules. These rules were published during the Obama Administration and dramatically increased the exemption salary level test from $433/week up to $913/week.  It was intended to reduce the number of jobs that could be classified non-exempt by employers.  

27

Jun

2017

MIOSHA Fine Maximums to Increase Under New Bill

Author: Michael Burns

The republicans, who control the Michigan State Senate, introduced legislation last Wednesday to increase MIOSHA fines to maintain parity with the federal OSHA fine maximums. Why would our business friendly legislature do this? It appears not by choice, but by necessity, if MIOSHA is to remain compliant and independent from federal OSHA oversite.

20

Jun

2017

Website Title III ADA Violation Impacts Employers

Author: Anthony Kaylin

Although seemingly far-fetched, a lawsuit which hit grocer Winn-Dixie concerning accessibility to its website should make HR take notice.  A federal trial court in Florida ruled that Winn-Dixie violated Title III of the ADA by having a website that was not useable by plaintiff Juan Carlos Gil to download coupons, order prescriptions, and find store locations.  Mr. Gil is blind and uses screen reader software to access websites.  The judge ordered injunctive relief, including a...

20

Jun

2017

Department of Labor’s “Persuader” Rules Being Rescinded

Author: Michael Burns

Under the Obama Administration’s National Labor Relations Board (NLRB) and the Department of Labor (DOL), two sets of rules intended to tip the scales in favor of labor organizing were published in 2011 – the Quickie Election Rules and the Persuader Rules.  One of them is going away.

13

Jun

2017

Do Ban-the-Box Laws Work as Intended?

Author: Chance,Susan

Ban-the-Box laws were instituted with the idea that by delaying the point in the hiring process in which an employer can ask an applicant about conviction history, the applicants would have a fair chance at gaining employment, but do the laws work? 

13

Jun

2017

Failure to Communicate Leads to FMLA Liability

Author: Anthony Kaylin

Under FMLA regulations, employers are required to provide multiple types of notices to the employee, when the employee requests FMLA leave.  One of those notices is to provide the employee with information about the amount of time available under FMLA leave.   Failure to do so could lead to unintended consequences for the employer.

13

Jun

2017

Independent Contractor Guidance Withdrawn by US Department of Labor – More Freedom or More Potential Liability?

Author: Michael Burns

Signaling the start of the Trump Administration’s rollback of employment and labor Obama era regulations, the Department of Labor announced it is withdrawing its two guidance letters that further defined the restrictions on engaging a worker as an independent contractor. 

6

Jun

2017

Employer Policy Provisions Hold Up Against FMLA Violation in Court

Author: Michael Burns

Most employer Family and Medical Leave Act (FMLA) policies restate the notice requirements and other information mandated by the FMLA posting rules. In addition, they should state any company-specific policies regarding FMLA leave.  If certain issues are not specifically addressed in the policy, it may end up in the court’s hand to decide during a law suit.

 

30

May

2017

Should OFCCP and EEOC Merge?

Author: Anthony Kaylin

The Trump administration issued its first line item budget on May 23rd.  Among the items in the budget include the merger of the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) by the end of Fiscal Year 2018.  These agencies have two separate roles and separate laws they enforce, but overlap when it comes to discrimination enforcement. The EEOC investigates worker-reported violations of federal nondiscrimination statutes...

23

May

2017

Summer Vacation is Rapidly Approaching – Do You Know the Guidelines for Employing Minors?

Author: Kristen Cifolelli

As the summer rapidly approaches, many employers will supplement their seasonal workforce with minors under the age of 18.  While this is a great opportunity to give a youth the ability to learn work skills, employers need to be aware of the special requirements and their obligations for employing a minor.

9

May

2017

Best Practices for Auditing I-9 Forms

Author: Kristen Cifolelli

Immigration issues are high priority for the current administration, and the U.S. Immigration and Customs Enforcement agency (ICE) has indicated that it will be increasing their enforcement activities this year.   As a result of this intensified focus on immigration compliance, employers should be wary of potential ICE inspections of employer I-9 Employment Authorization Verification records.  In 2016, employer penalties for I-9 form infractions and paperwork errors increased...

2

May

2017

Is it Legal to Pay a Woman Less if Based on Salary History?

Author: Heather Nezich

Solely based on Federal law…yes.  A federal court ruled last week that it is legal to pay female employees less than men if it is based on past salary history.  This decision by the 9th Circuit Court of Appeals overturns a previous ruling that stated that pay differences solely on past salary history were discriminatory, based on the Equal Pay Act.

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