Legal
Do Counteroffers Make Sense?
Countering a competitor’s offer won’t keep an employee for long if other issues aren’t resolved When an employee decides to take another job, should an employer make a counteroffer, usually in the form of a pay increase, in the hope of retaining that employee? For many companies, the answer is yes. A 2018 survey of…
Read MoreThe Deceptive Complexity of Criminal Background Checks
In order to conduct a compliant criminal background check, employers ordinarily must comply not only with the federal Fair Credit Reporting (FCRA) Act, but also state and local laws. This includes not only ban the box laws, but also laws that impose additional restrictions and requirements beyond when a criminal background check can occur. Not…
Read MorePrepare for EEOC Onsite Visits
HR professionals whose companies have pending Equal Employment Opportunity Commission (EEOC) charges against them should be ready for the possibility of an EEOC onsite visit and should turn the visit into an opportunity to show how the company complies with anti-discrimination laws. A site visit to follow up on an EEOC charge signals that this…
Read MoreWho’s The Boss? Limiting Your Liability For Employee Misconduct
Here are some ways to reduce your exposure if your employees get you sued. Whether harm arises from an accident with a company vehicle, an assault in a customer’s home, or harassment of an employee by a co-worker, the victim — or, more accurately, the victim’s attorney — is going to want to go after…
Read MoreThe Fraudster Down the Hall
Employees are stealing from their own companies, and they are taking much more than just paper clips and Post-it notes. Occupational fraud—sometimes called internal fraud—is globally costing businesses the equivalent of billions of dollars annually, according to a new global report. The methods used by the culprits vary. Some skim cash from the reserves or…
Read MoreOne Visit and Vague Plans to Return Not Sufficient to Allow ADA Access Claim
Businesses might see a ray of hope in a recent federal appellate court decision that rejected the ability of a wheelchair-bound patron and “tester” to pursue her claim against a property owner and shop in Cocoa Beach, Florida. There is a veritable cottage industry of plaintiffs who bring claims against businesses, even those they have…
Read MoreOFCCP Issues “What Contractors Can Expect” Guidance
On August 2, 2018, OFCCP issued a new publication entitled “What Contractors Can Expect .” The publication coincided with OFCCP Acting Director Craig Leen’s well-received presentation at the National Industry Liason Group’s national conference in Anaheim, California. OFCCP had promised the “What Contractors Can Expect” publication in its May 1, 2018 Town Hall Action Plan . The document…
Read MoreWhat Employee Speech Is Protected in the Workplace?
Employees don’t have a constitutional right to free speech at work, but employers still need to be aware of federal and state laws that do protect workers’ speech in certain situations. The First Amendment guarantees citizens the protection of free speech from intrusion by the federal government, however it does not apply to private actors,…
Read MoreHave Your Cake and Eat it Too – How a Proper Plan Can Help Your Company Benefit from a BYOD Workplace
Bring Your Own Device (BYOD) is a movement that allows employees to use their own mobile devices for both work-related and personal use. Today, more than ninety percent of employees use their own smartphones for getting their work done, and the global BYOD market is projected to reach USD 350 billion by 2022. BYOD presents…
Read MoreCan You Be Held Personally Liable In An Employment Lawsuit? The Answer Lies Down A Rabbit Hole
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I’ve believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants…
Read More