Posts tagged Criminal Background.

No legal authority to issue its Enforcement Guidance!

Here are some ways to reduce your exposure if your employees get you sued.

An injunction of the EEOC's 2012 Guidance on use of criminal background information applies only to the State of Texas . . . but all employers might be able to make use of it.

Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping?

Recordkeeping.flickrCC.SterlingCoffey
"And you thought we weren't important!"

No discrimination, no harassment, no retaliation -- just (alleged) failure to keep adequate records.

Well, it's true. Back in 2010, the agency was investigating whether Crothall Services Group's use of criminal background ...

By David Phippen of our Metro D.C. Office.

While the year is still young, here are 15 New Year's resolutions that employers may want to make:

1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest. 

2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)

It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square! 

Has the EEOC ever read this book? Maybe we should send them a copy.

By now, you have probably heard about the latest spanking administered by the Honorable Roger W. Titus, U.S. District Court Judge for the District of Maryland, to the U.S. Equal Employment Opportunity Commission -- in a criminal and credit history case against Freeman, an event planning company.

 

Paddle.512px-Paddle.jpg"Thank you, sir, may I have ...

                          If you ever plan to motor west,

Travel my way, take the highway that is best.Route 66 sign.512px-ROUTE_66_sign.jpg

Get your kicks on Route 66.

It winds from Chicago to LA,

More than two thousand miles all the way,

Get your kicks on Route 66.*

OK, kiddies -- jump into my '55 T-bird, and let's take off on old Route 66, from Chicago to L.A., more than two thousand miles all the way! If you promise to behave, I'll let you ride with the top down.

If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe thatBates Motel.Madame_Tussauds_London_00810_Nevit.jpg "employment at will" propaganda.)

If you realize your reason wasn't too good and therefore "improve" it a little after the fact, that just makes things worse. If you "improve" it more ...

Is your company an EEOC target?

I've written before about the Strategic Enforcement Plan of the Equal Employment Opportunity Commission, which was officially adopted last December, and the Commission's priorities. Last week, EEOC Commissioner Victoria Lipnic spoke about the Plan in more detail at legal compliance symposium.Darts_in_the_middle_of_a_dartboard.jpg

Commissioner Lipnic is a Republican who ...

First responders in West, Texas*. Sales clerks in the stores near the finish line at the Boston Marathon. Staff of the District Attorney's office in Kaufman County, Texas. Teachers and administration at Sandy Hook Elementary. Ticket-takers and popcorn-scoopers at the Century 16 movie theater in Aurora, Colorado.

*Although the explosion at West Fertilizer Company appears to ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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