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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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Who Is the Employer? Determining Joint-Employer Status

co-employment; joint-employmentA 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

6 ways to avoid being the EEOC's next hiring "test case"

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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"

Guide to Dress Codes and Nondiscrimination Laws

Introduction

Generally, an employer has the right to expect that certain guidelines involving dress and grooming be met in the workplace, and can set forth policies regarding these issues.  

Read more: Guide to Dress Codes and Nondiscrimination Laws

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

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HCX Facts

US investment in the Netherlands from 2000 to 2010 was nine times more than US investment in China during the same period. US investment in the UK was more than seven times more, and in Ireland nearly three times more, than in China. (Source: Transatlantic Economy 2011

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