Compliance and Legal

In this area you will find articles unique the legal and compliance challenges companies face today.

Use of the Internet for Recruiting and Screening Can Lead to Lawsuits for Failure to Hire

Written by Lester S. Rosen

As reviewed in detail in earlier blogs by Employment Screening Resources (ESR), the use of the Internet to screen and source candidates can get employers and recruiters into hot water. Surveys show that employers have increasingly turned to sites such as Facebook, MySpace, blogs, and other sources to take a peek at candidates “under the hood” before making a hiring decision.

But I Signed An Independent Contractor Agreement

Written by Patrick Kitchin

The Ninth Circuit Court of Appeals Weighs In On Workforce Classification Under California Law

Every time I review an independent contractor agreement I find myself humming George and Ira Gershwin’s song, It Ain’t Necessarily So from Porgy and Bess. In California, at least, such agreements do not prove that a worker is an independent contractor.

Complying with the Fair Credit Reporting Act (FCRA) in Four Easy Steps

Written by Lester S. Rosen

Quick summary:

Under the federal Fair Credit Reporting Act (FCRA), an employer has legal responsibilities regarding adverse action notices where a consumer report, in whole or in part results in an employer making a determination that they intend to take an adverse action in regards to employment, such as not hiring a person, or not retaining, not reassigning or not promoting. The required notices must include: