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Legal Compliance

Legal Poisons at Work

May 27, 2014
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The subtle way intent is communicated through behaviors like tone of voice, eye contact, facial expressions and body language, can diminish the productivity of others.


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What Do You Do When an Employee Fails a Background Check?

May 12, 2014
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What are common practices that employers follow when a current employee turns up with a failed background check? What are some instances that would or should result in termination and what are some violations that could be deemed acceptable?

 — Background Noise, HR associate, software/systems, New York


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Don't Ask Medical-Related Questions During Interviews

April 29, 2014
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Questions about medical conditions during interviews taints the entire process.
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Revisiting the Misnamed and Misunderstood Term 'Wage Theft'

April 24, 2014
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Most wage and hour mistakes are honest ones born out of a misunderstanding of the law, not a desire to cheat or steal from employees.
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When an Employee Can’t Return to Work After an FMLA Leave

April 22, 2014
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Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.
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Hypothetical Violations Doom Employer Confidentiality Policy

April 15, 2014
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Late last month, the 5th Circuit court of appeals in New Orleans ruled on another employer confidentiality policy, and the results should trouble employers everywhere.
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It's Illegal to Ask Employees to Give Up Overtime Payments

April 14, 2014
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If a non-exempt employee works more than 40 hours in a week, you must pay them overtime. Period. No exceptions.
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Federal Court Sends Strong Signal to EEOC in Dismissal of Credit Check Case

April 10, 2014
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This case is less about whether credit histories disparately impact African Americans than it is about how the EEOC chose to prove its case.
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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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The EEOC Gets Extreme With CVS Lawsuit

April 8, 2014
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What does one make of a recent lawsuit filed by the EEOC against CVS, claiming that a severance agreement it provided to three employees unlawfully restricted their rights?
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