Staffing and the Law
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Criminal Background Checks Remain on the EEOC's Radar
If you are considering using arrest or conviction records to aid in your hiring decisions, do not do so without a reason connecting the offense to the job, and without the input of employment counsel versed on these issues.
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What Skeletons Are You Unearthing by Suing an Ex-Employee?
Before you bring suit against an ex-employee, you might want to consider whether there exist any skeletons in your employment closet that could come back to haunt you in the litigation.
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Union Says Staffing Suit Could Cost $10 Million
The lawsuit claims workers were regularly not paid for all hours worked and were not paid required overtime.
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Teach Trust First
Leaders increasingly lack the skills needed to recognize and address employee discontent, which allows decisions and actions to appear unfair or potentially illegal even when they may not be.
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Health Exchanges Must Notify Employers About Employees Eligible for Subsidies: HHS
Among other things, exchanges will have to provide a notice to employers that identifies by name the employees who have applied for and have been determined by exchange administrators as eligible for premium subsidies.
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Arrest of Mercedes Executive in Alabama Renews Debate Over Immigration Laws
Alabama's immigration law is considered among the toughest in the nation, according to legal experts. Some parts of the code, such as requiring public schools to determine the citizenship status of students and their parents, have been blocked by federal courts.
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Former Financial Adviser Says He Was Fired for Running Gun Ad
A onetime Barron's hotshot adviser files a lawsuit against LPL Financial; Robert Ray Bennie Jr. of Lincoln, Nebraska, also is suing local regulators, including the new North American Securities Administrators Association president.
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Back-Pay Damages and Reinstatement Denied to Undocumented Workers
Employers should remain diligent in collecting work authorization documentation from employees.
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Feds Consider Taking Ex-Offenders Out of the Box
The EEOC may ban the question of criminal records on job applications while some states and municipalities already have ‘ban-the-box' legislation in place. One company executive insists the initiative isn't a bleeding-heart issue but a sound business decision.
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California Supreme Court Nears Ruling on Meal Breaks
While meal-period laws vary nationwide, California is among the states wrestling with how far employers should go in policing meal and rest breaks.
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EEOC Sues Wal-Mart for Disability Discrimination
Despite a 10-year-old settlement involving disability discrimination with the federal Equal Employment Opportunity Commission, the agency has filed another lawsuit charging Wal-Mart Stores Inc. with forcing an employee with a heart condition to park his car some distance from the store, then ...
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Pregnant Worker Protected by FMLA Despite Timing of Leave Request: Court
Although the woman had previously been considered a 'top employee,' after learning of her pregnancy 'Brookdale began harassing her, causing stress and other complications in her pregnancy.'
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Stop, Thief! Polygraph Testing and Workplace Theft
If you are going to jump through all of the legal hoops necessary to use a polygraph to confirm an employee's theft, use the results.
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Adecco Announces Plan to Acquire Drake Beam Morin
The company says the acquisition will expand its geographic reach and give it a leading position in the United Kingdom, Canada and Brazil.
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Jobs Act Would Prohibit Discrimination Based on Unemployment Status
One expert says he sees little chance of the proposal's passage by Congress.
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California-Only Class Refiles Sex Discrimination Suit Against Wal-Mart
The U.S. Supreme Court had ruled against a proposed class of some 1.5 million members nationwide in June. The majority ruled that the 'respondents have not identified a common mode of exercising discretion that pervades the entire company.'
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Analysis: Employment Class Actions Continue to Raise Firms' Financial Exposures
As a result of two key rulings, class actions are 'not dead or blocked, rather they're reforming and morphing into different iterations,' says one expert.
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High Court Upholds Religious School 'Ministerial Exception' to ADA Bias Charge
In its decision in Hosanna-Tabor Evangelical Lutheran Church and School vs. Equal Employment Opportunity Commission et al., the nation's highest court said the ministerial exception bars only employment discrimination lawsuits.


