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Staffing and the Law

Riffing on the Right Way to do Workforce Reductions

October 21, 2013
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Done poorly, RIFs open employer to widespread claims of discrimination that can prove more difficult to defend than the savings the employer hoped to realize from the layoffs.


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The High Price of EEOC Background Check Litigation

October 8, 2013
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Perhaps one solution to this crisis is for Congress to engage in some simple oversight over the agencies that enforce our various laws, including the EEOC. $751,942.48 in taxpayer money is a costly investment to chase a fool's errand.


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Labor Department Expands Wage and Hour Laws to Home Care Workers

September 18, 2013
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The Department of Labor’s Wage and Hour Division extended minimum wage and overtime protections under the Fair Labor Standards Act to home care workers.


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Contingent Workforce Can Create a Compliance Conundrum

September 6, 2013
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Temporary workers can misunderstand that the employee’s actual boss is the staffing agency. Employers also may think they can avoid anti-discrimination laws by using indirect hiring, but they may still face legal exposure.
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Is Your Company Looking at the Wrong Info to Screen Candidates Using Social Media?

July 9, 2013
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There might be some science behind how employers are using social media posts to screen applicants and hire employees.
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Federal Court Says 'Black Swan' Interns Should Have Been Paid

June 14, 2013
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A federal court ruled in favor of the plaintiffs, who were unpaid interns for Fox Searchlight Inc. during the company's production of the film 'Black Swan,' deciding they should have been paid for their services.
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GOP Senator Backs Senate's Bipartisan Immigration Reform Bill

June 11, 2013
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With Sen. Kelly Ayotte endorsing a bipartisan immigration reform bill, the proposed legislation appears likely to pass the Senate. However, the real test for the bill will be the House of Representatives, where it will face stiff GOP opposition.
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NLRB Judge Strikes Down Red Cross Employee Confidentiality Policy

June 10, 2013
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The NLRB continues to scrutinize facially neutral employment policies for violations of employees section 7 rights to engage in protected concerted activity, even in cases in which there is no allegation of any adverse action against any employee under an alleged unlawful policy.
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When State Law Conflicts With the EEOC on Criminal Background Checks, Who Wins?

May 23, 2013
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Talk about a tough position in which to place an employer. Does the employer violate state law or violate Title VII? Ultimately, I think the correct answer should be neither.
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Employee vs. Independent Contractor: Do You Know the Difference?

May 15, 2013
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Employers owe contractors far fewer obligations than employees. Employers take a risk when they classify someone performing services for them as an independent contractor instead of an employee.
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