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In this area you will find articles unique the legal and compliance challenges companies face today. Learn methods of prevention, risk management and safety for your business.
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Anyone who works frequently with employment counsel has heard the words “it depends” – it (the answer to a question) depends on the specific facts and circumstances at issue, which should be analyzed and discussed before a course of action is determined.
Read more: Religious Discrimination or Legitimate Business Decision? It Depends.
Since May 2006, the Office of Federal Contract Compliance Programs (OFCCP) has been enforcing a landmark ruling that sets explicit regulations on the collection, storage and reporting of Equal Employment Opportunity (EEO) data for internet applicants. It also defines internet applicants, identifies electronic data collection methods, creates basic qualification standards and establishes recordkeeping requirements for compliance.
Read more: How to Choose Recruiting Software to Ensure OFCCP Compliance
Regardless of industry, almost all businesses with employees have some form of a dress code policy. When creating a dress code policy for your business, apply your policy equally to all employees. Unfair dress code policies are considered discriminatory and can be grounds for a lawsuit.
Recruiters can gain great credit for finding and securing top international talent – and rightly so. The whole world is a talent pool today, and the best people may be located down the street or on the other side of the world.
Once recruited, paperwork must be completed for each and every hire and this includes the I-9 form. The I-9 verifies the identity and the employment authorization of each employee and is part of the federal immigration regulatory process.
A Report on Temporary Help, On-Call, Direct-Hire Temporary, Leased, Contract Company, and Independent Contractor Employment in the United States
Besides not defining the term "employee", most statutes fail to spell out who the employer is. There is potential ambiguity on this issue when businesses use temporary agency, leased, or contract workers. Although the primary employer is generally the temporary help, leasing, or contract company, the client may be regarded as a “joint employer” under some laws.
Read more: Who Is the Employer? Determining Joint-Employer Status
The U.S. Equal Employment Opportunity Commission recently held a meeting with "a battery of experts" on disparate treatment in hiring. According to the EEOC, hiring discrimination continues to run rampant.
Time for a grain of salt here: According to the EEOC's press release, most of the experts were from the EEOC, or were individuals who had been denied jobs and claimed they were discriminated against.
Read more: 6 ways to avoid being the EEOC's next hiring "test case"
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