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Showing 52 posts in Hiring and Firing.

Passwords, Privacy and Protection – The Social Networking Online Protection Act

August 17, 2012
Posted In Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

The Social Networking Online Protection Act (SNOPA) prohibits employers from requesting or requiring a potential candidate or employee to provide passwords for personal email, private accounts or social networking sites, while protecting said candidates and employees from repercussions of refusal to provide passwords.  Introduced in April 2012 by Representative Eliot Engel (D-NY) and Representative Jan Schakowsky (D-IL), after the pressure was turned up on the intersection of privacy and technology by an Associated Press report of a 2011 incident where an employer required access to an applicant’s Facebook account, the SNOPA attempts to draw a line in the sand on social media access. More >

The Slippery Slope of Social Media in Hiring

August 15, 2012
Posted In Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

In the age of the electronic workplace, technologies like email, cell phones, text messaging, instant messaging and the internet all make for a much more mobile and accessible workforce. The advantages of nearly unlimited access can be profound for companies, increasing efficiency and productivity. Working smarter includes hiring smarter. Human Resource Departments are usually on the forefront of the technology curve, understanding, using and regulating how a company interacts with the fast moving world of the web. One of the fastest growing concerns around the HR water cooler is social media.  How do we, as a company, use social media to our advantage? Beyond marketing, social media sites such as Facebook, Twitter and LinkedIn have become one of the best ways to recruit new employees – a primary concern for HR. Sounds logical to research the candidates applying for new openings, using every means you have to insure the potential employee will fit into the company culture and become a productive member of the team.  It’s no different than checking references or running a background check, right?  Well, it is different.  With social media personal and professional lines are blurred. While information willingly submitted to the public domain is just that “public,” a general search through social media may reveal both factual and inaccurate information about a candidate. More >

How to be Prepared: When an Employee’s Misconduct Leads to Termination

August 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable. More >

How to Handle Difficult Employees: Documenting Misconduct

August 1, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

In a perfect world, all employees would report to work on time and in a regular manner, perform their responsibilities with competence and be a productive team player. In reciprocation, each employer has an obligation to pay the employee an agreed up on amount for the work performed, treat every employee fairly and provide a safe work environment. Of course, we do not live in a perfect world and inevitably every employer will be faced with employee misconduct. The challenge is handling misconduct appropriately, to avoid financial and legal repercussions in the form of unemployment claims, discrimination or wrongful termination suits. More >

Vacation Pay at Termination: What’s your Policy?

July 25, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Wage and Hour

For many employers, the summer season brings with it an increase in employee vacations. With that in mind, now may be a good time to re-visit vacation pay policies as they pertain to employee separation. In particular, how does your company handle accrued, but unused, vacation pay at the time of separation? More >

CONSEQUENCES OF MISCLASSIFYING WORKERS AS INDEPENDENT CONTRACTORS

July 6, 2012
Posted In Employee Contracts, Employment Law, Federal Department of Labor, Hiring and Firing, Independent Contractors, U.S. Department of Labor, Unemployment Benefits, Wage and Hour

Over the past several years, more and more employers are attempting to cut costs by hiring individuals as independent contractors as opposed to employees. This trend, however, has caught the attention of the Federal Department of Labor, which this year has again increased its budget to “detect and deter” misclassification of workers as independent contractors. This budget also includes the addition of dozens of new full time employees dedicated to investigate possible violations resulting from misclassification. More >

GUIDELINES FOR HIRING MINORS

May 31, 2012
Posted In Employment Law, Hiring and Firing, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

Hiring employees for temporary summer employment can be stressful for a small business that is short on time and swamped with the seasonal demands the summer can bring.  Summer employees need to be trained quickly so that they can hit the ground running and start contributing to your success in as little time as possible.  One advantage to seasonal hiring during the summer is that there is an abundant source of young workers who are off from school and able to fill many different positions.  Their demand for wages is often lower because they are not supporting families of their own yet and their availability is very flexible because they are not in school.  It is important that your business follow all legal requirements related to the hiring of young people in order to ensure that the company remains in compliance and is not subjected to penalties or fines. More >

NLRB’s Continued Focus on Social Media

May 18, 2012
Posted In Employment Law, Hiring and Firing, Internet & Media Law, National Labor Relations Act, Social Media, Social Media Policies

NLRB’s Continued Focus on Social Media, Use of Reinstatement Remedies to Protect Concerted Activity, and New Guidance for Employers Drafting Social Media Policies More >

New Guidance on the Use of Criminal Background Checks in Hiring

April 27, 2012
Posted In Criminal Background Checks, EEOC, Employment Discrimination Laws, Employment Law, Hiring and Firing, Workplace Discrimination, Harassment and Retaliation

If you are an employer which uses criminal background checks as part of your decision process in deciding whether to hire an applicant, you should be aware that on April 25, 2012 the U.S. Equal Employment Opportunity Commission (EEOC) issued a new Guidance (EEOC Enforcement Guidance No. 915.002) which further clarifies under what circumstances such a practice may in fact be viewed as discriminatory.  While the use of criminal background checks to screen applicants may seem like a colorblind endeavor, the EEOC has outlined via its Guidance when that activity can have an unlawful impact on certain groups of job applicants. This finding is based upon the EEOC’s noted findings, based upon historical data, that different races are incarcerated at different rates, making a prohibition on not hiring anyone with a conviction a prohibition which is more limiting to African-American applicants as opposed to Caucasians for example.    Because of this new clarification on the potential unlawful effects criminal background checks may have, employers generally need to once again examine their hiring policies to make sure that they will not run afoul of the law even if one’s motive in conducting criminal background checks is pure. More >

Unpaid Interns – Too Good to be True?

April 9, 2012
Posted In Employment Law, Fair Labor Standards Act (FLSA), Hiring and Firing, Salary Threshold

With summer fast-approaching, many employers are now deciding whether to hire summer interns. Undoubtedly, the benefits of an internship extend to both the employer and the intern. The company receives the intern’s services, while the intern enjoys exposure to and experience within his or her chosen field. If your company is considering hiring an intern, however, it is imperative that you seriously evaluate the internship program and policies to ensure that your company is not violating federal law. More >

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