Non-compete agreements are a common employer approach to protecting their business from customer poaching, losing business process secrets, and losing valuable employees. These agreements have always been somewhat controversial because they can be used to restrict employment opportunities.
The salary history question has become quite controversial in recent months, and some cities and states have created laws around it. It used to be an expected question during the interview process, but there is debate over whether the question is a fair one and could cause pay inequality to prevail as women progress through their careers.
If Cyber Monday during the holidays isn’t bad enough with on-line shopping distracting employees and impacting productivity, now employers have to deal with the latest online shopping “holiday” mid-year with Amazon Prime Day. For those who aren’t familiar with Amazon Prime Day, it is the mid-summer sales equivalent of Christmas in July.
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.
It’s likely fair to say that we’ve all come across a jerk or two in our work lives. In a recent survey by Connectria Hosting, 83% of respondents said they’d worked with one or more jerks during the past five years. Connectria and others have now created “No Jerks Allowed” policies for their workplaces.
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.
Kurt Rambis, former NBA champion and coach, is quoted as saying, “I’m in favor of drug tests, just so long as they are multiple choice.” There are many different types of drug tests available for screening applicants and employees for drug use, but can they be multiple choice? In a way they can. How? Well I’m so glad you asked.
School bullying is now a household term recognized widely, but what about workplace bullying? Workplace bullying has affected 27% of workers according to a survey by the Workplace Bullying Institute. The majority of workplace bullies are bosses, and 72% of employers deny, discount, defend, or rationalize the bullying. 61% of victims wind up losing their jobs as a result.
Stay interviews are the best defense against employee attrition. While exit interviews can have value, you are finding out the information too late. By conducting regular stay interviews, you’ll discover exactly what employees like and don’t like about their job and the workplace. This allows you to make changes before employees leave, resulting in reduced employee turnover.
Under the Equal Pay Act (EPA), courts have generally allowed employers to prove that some “factor other than sex” justified the pay differentials. However, a recent Federal 8th Circuit of Appeals case narrowed the parameters that employers can use to defend EPA lawsuits and allowed broadening of testimony to show the employer is committing systemic discrimination.
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.
Summer is approaching and many employers hire co-ops, interns and work study students during that time period. When employing a student and the student is the object of harassment, the question is whether the student can seek relief under Title VII of the 1964 Civil Rights Act (Act), Title IX of the Act, or both. A recent case from the federal Third Circuit Court of Appeals answered affirmatively that both could apply.
Do you worry about hiring the right people? Do you worry about retaining and engaging your current workforce? All in an effort to drive business performance? Maybe it is time to look at your organization’s pay equity.
“You want answers?” “I want the truth!” This was a passionate exchange that took place between Tom Cruise as Lt. Daniel Kaffe, and Jack Nicholson as Col. Nathan R. Jessup, in the 1992 film A Few Good Men. When you run a background check you don’t just want answers, you want the truth, but are you getting the whole truth?
No man is an island entire of itself . . . In Meditation XVII John Donne writes of how we are all connected to one another. As human beings, connection with others is essential to our well-being. However, when it comes to Authorization and Disclosure Forms, it is being an island that is essential to being in compliance with FCRA requirements.
“That which we call a rose by any other name would smell as sweet” is a beautifully poetic line uttered by Juliet to Romeo in Shakespeare’s famous play. It is a romantic notion that a person’s name is of no importance, and in the romance department perhaps that is true. But not with background checks.
Victor Park West
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