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Compliance and Legal

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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The Fallacious Five: Employment law misconceptions that trip up employers

Plaintiff's lawyer Donna Ballman and The Evil HR Lady have had good posts recently on common employee misconceptions about employment law, including the "right" to see what is in one's personnel file and the "right" to take a break.*

*Depending on where the employee lives, he may have these rights, but in many states he does not. And the federal Fair Labor Standards Act does not require breaks.

What's good for the goose is good for the gander.

Read more: The Fallacious Five: Employment law misconceptions that trip up employers

Reference and Background Checking - Get better results Legally

 

Reference Checking

Since past performance is often the best predictor of future performance, the best way to verify an applicant’s background and job suitability is to conduct a thorough reference check.

Today, employers are hesitant to give information about previous employees for fear of being sued. Therefore, many employers only confirm dates of employment and positions held. However,  

Read more: Reference and Background Checking - Get better results Legally

Capturing Wages for Off-The-Clock Work in California Retail Stores

During the past several years, we have represented employees of several clothing retailers, including sales associates working for Polo Ralph Lauren, Gap and Banana Republic, and Chico’s in California-wide class action cases. All of these cases were prosecuted under California labor law.

Read more: Capturing Wages for Off-The-Clock Work in California Retail Stores

Term Limits for Contingent Workers: Urban Legend or Necessary Fix?

Many companies that use contingent workers maintain policies that limit the duration of those workers' services. Under these policies, when a contingent worker reaches a prescribed time limit, that person's services must be terminated automatically, regardless of the person's job performance, and a replacement worker must be found or assigned by a contingent labor supplier.

 

Read more: Term Limits for Contingent Workers: Urban Legend or Necessary Fix?

Demystifying the Facebook Firing Case

In In the matter of American Medical Response of Connecticut, Inc., (commonly referred to as the “Facebook firing” case), it was made clear that the National Labor Relations Board (“NLRB” or “Board”) will seek to invalidate any employer social media policy that it deems unlawfully restricts employee rights under Section 7 of the NLRA. 

Read more: Demystifying the Facebook Firing Case

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Growth in women's share of science, technology, engineering and mathematics (STEM) occupations declined to 27% in 2011from a high of 34% in 1990. While women make up nearly half of the workforce, they were 26% of the STEM workforce in 2011.

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