Tag: employer

EEOC

Background Checks: Being Safe Is Better Than Being Sorry

If you’ve ever thought about forgoing a background check, think again. The small expense now can save you a lot in the long run. Rotten Apple A perhaps underestimated part of the hiring process is the employee background check. Employers may find them unnecessary or not worth the expense. One Pizza Hut location started sweating […]

4 Tips to Avoid Union Strikes

Some 450 members of United Steelworkers Local 40 went on strike on October 1, 2021, when the union failed to reach a collective bargaining agreement (CBA) with management at Special Metals, a plant based in Huntington, West Virginia, which develops and produces nickel alloys. Like many employers dealing with strikes, it’s likely Special Metals is […]

Don’t Mess with Retaliation

The U.S. 5th Circuit Court of Appeals (which covers Texas) recently issued a published decision, a rarity since most opinions are unpublished and therefore can’t be cited to courts as precedent. It was also a per curiam opinion, i.e., a three-judge panel decided the appeal but no particular judge took credit for writing it.

FMLA

Mishandling Return to Work in Worker’s Comp Context Risks FMLA Liability

When an employee is injured on the job, the federal Family and Medical Leave Act (FMLA) or the state-specific leave statutes may confer benefits in addition to what a state’s worker’s compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker’s comp law when FMLA-eligible employees need time […]

Alleged Casting Couch: Sex in Return for a Promotion

An employee who claims she was discriminatorily deprived of a promotion must file the claim within a limited period after the discriminatory conduct occurred. Some courts say the claim arises when the employer decides not to provide the promotion. Other courts say it’s when the employer actually fills the job. Which is correct? Neither, said […]

Unemployment Benefits Denied for ‘No-Call/No-Show’ Employee

The Michigan Court of Appeals recently upheld an Unemployment Insurance Agency (UIA) decision categorically disqualifying employees who are “no call, no shows” for three consecutive days from receiving jobless benefits under the Michigan Employment Security Act’s (MESA) voluntary-leaving provision.

Pros and Cons of Virtual Interviews

Virtual interviews have been used for years but became much more prevalent during the pandemic. They can be done either as a recording, whereby the employer sends questions to the candidate, who records himself or herself answering the questions, or as a live interview via video technology, in which videoconferencing technology is used so the […]

A Talent Churn Is Coming: How Can Companies Prepare for It?

While the job market continues to fluctuate, there’s one trend that’s picking up speed: employee turnover. A March 2021 survey from Morning Consult and Prudential found that 26% of respondents plan to look for a new employer once “the threat of the pandemic has decreased.” As the United States inches closer to herd immunity, employers […]

Can a 17-Year-Old Sign to Authorize a Background Check?

Background checks have become a fairly standard component of the hiring process. Most employers perform some form of background screening, though it varies in terms of how in-depth it is and what is covered. This can not only help the employer with decision-making but also ensure the employer uncovers potential issues.