Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

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A 2019 Refresher on Paying Tipped Employees

The U.S. Department of Labor (DOL) continues to devote substantial resources to investigating certain low-wage industries each year. Among those regularly targeted are fast-food establishments and other restaurants, grocery stores, and construction companies. The Wage and Hour Division (WHD) conducted 5,751 investigations of food-service establishments during fiscal year 2018, resulting in more than 41,000 employees […]

New Orleans ‘Ban the Box’ Ordinance Takes Effect March 1

New Orleans, Louisiana, is joining the ranks of cities and states “banning the box” from its job applications. The city’s new ordinance takes effect March 1 and prohibits the city and its contractors from asking job applicants about their criminal history on initial employment applications. The measure also mandates that criminal background checks can be […]

The Price of Success?

It has become an employee’s market, and jobseekers are being more forward about what they expect from employers. In the world of legal employment, that has translated to some tangible trends. One casualty may be the prehire arbitration agreement.

Legal Primer: Conducting and Managing the Results of Safety Audits

Under the Occupational Safety and Health Act (OSH Act) and its substantive regulations, covered employers are subject to certain safety and health audit requirements. For example, covered construction industry employers must institute a safety and health program that provides for “frequent and regular” inspections of jobsites by “competent persons” to ensure compliance with the Occupational […]

What You Should Know if Faced with an Employee Wage Garnishment

Employers are being confronted with wage garnishments more frequently than in the past. Sometimes an employee will already be subject to a legal garnishment when the employer receives a new notice. Here are some basics on wage garnishments for employers to consider, including what to do when you have multiple garnishments for the same employee.

Everything I Need to Know About HR I Learned from NCIS

NCIS is a popular TV show that has run for 16 seasons. One of the show’s running conceits is the set of rules promulgated by lead investigator Leroy Jethro Gibbs (played by Mark Harmon). The rules are referenced scattershot throughout the episodes. Sometimes they’re self-fulfilling prophecies and at other times contradictory for the plot as […]

Job Applicants, Employees with Criminal Charges, Convictions: What Can Employers Do?

Employers often use job applications to seek information about candidates’ conviction records. Criminal background checks are often performed before hiring an employee. The reasons for seeking the information seem obvious, but unfortunately, how the information can be used is not. In fact, sometimes it seems employers are stuck in a “holding cell” when it comes […]

E-Verify: What Employers Should Know Before Enrolling

U.S. Immigration and Customs Enforcement (ICE) has increased employers’ Form I-9 audits by 60% in the current fiscal year. Consequently, many employers are considering enrolling in E-Verify, which could assist them in verifying their new employees’ employability and decrease the risk of an audit. You should involve legal counsel in the decision-making process, however, because […]