Don’t Let the Fair Credit Reporting Act Catch You Unprepared!
Periodically, we issue article updates on the Fair Credit Reporting Act (FCRA), the legislation enacted to promote accuracy, fairness and privacy for consumer information stored and used by consumer reporting agencies. Hiring organizations need to be aware of FCRA regulations, because in some instances they can be held liable if their reporting agency violates them. […]
Study Finds Minimum Wage Increase a Mixed Bag
For business owners in industries whose profit – or even viability – relies on filling positions with minimum wage workers, the possibility of a $15 an hour minimum wage is worrisome. Business leaders, or anyone concerned with the impact of a higher minimum wage, should take a look at a recent report by the Congressional […]
ADA Alert: Wal-Mart Decision to Jettison Greeter Jobs for More Demanding Positions May Have Broad Repercussions
In March of this year, Wal-Mart made headlines when it announced more reductions in its “Greeter” position as part of an ongoing phase-out of Greeters in favor of “Customer Hosts,” whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, […]
Summer Interns – What Compensation Does the Law Mandate?
If you are hiring – or have hired – summer interns, are you up to date on how you need to compensate them, if at all? Traditionally, most interns worked over the summer for the experience and to build their resumes. However, unpaid internships have come under more scrutiny in recent years, not only regarding […]
I-9 Forms of ID: A Great Tale About What’s Acceptable, or Not
Recently, one of our immigration lawyers sent us an update about a situation where a prospective employee couldn’t provide proper documentation for his I-9. The form of ID provided was an Allodial American National Identification Card, which is not an accepted form of identification listed on the I-9 instructions — and “Native American” is not […]
Sexual Harassment Training: More Important than Ever
With famous individuals continuing to fall like dominoes as allegations of sexual misconduct or harassment continue, the Equal Employment Opportunity Commission (EEOC) is stepping up enforcement. In FY 2018, the EEOC recovered nearly $70 million for sexual harassment victims, compared with $47.5 million in FY 2017. As a result, all business owners should be evaluating […]
Compliance Tips for 2019
As we head toward the new year, following are some considerations for compliance in various areas. Staying on top of these will help keep your firm out of trouble while minimizing expenses and payroll. Payroll compliance is often more about correct interpretation of the law than math. If you are having trouble discerning between employees and […]
Are Placement “Registries” Employers ? A Recent Agency Bulletin Suggests Not, but Caveats Remain
In July 2018, Bryan Jarrett, Acting Administrator of the Department of Labor (DoL), issued Field Assistance Bulletin No. 2018-4 (FAB) to help Wage & Hour Division (WHD) field investigators determine whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act (FLSA). Registries aren’t employers – they are “worker matching services,” in this case, matching […]
Workplace “Body Art” − An Update
Author’s note: In August, 2017, we published an article about the growing incidence of body art (tattoos and piercings) in the workplace. At the time, we talked about what the trend meant for employers, and what their rights were, when it came to restricting visible body art. A year later, we wanted to revisit the topic. […]
Don’t Run Afoul of the Fair Credit Reporting Act!
Author’s Note: We originally published this article in 2014, and it still holds true today. In fact, with “Ban the Box” and “Fair Chance” laws, which are designed to level the playing field for people with criminal histories, and with new restrictions on the handling of personal information, navigating the maze of background check rules […]