Emerging social media technologies like Twitter and Facebook are putting a new spin on familiar employment problems. As employees increasingly access social media, employers have become more interested in regulating and monitoring what their employees are saying online, and for good reason.
Everybody on the employer side likes to pick on the Equal Employment Opportunity Commission, and the temptation is even greater now that its chair has taken such an aggressive stance on issues like pre-employment credit and background checks. However, employers occasionally shoot themselves in the foot (feet?) with the agency by making mistakes that only compound their problems.
Businesses across the country are continuing to cut costs by replacing employees with independent contractors to save costs. Some savings are certain - employers don’t pay employment taxes to the IRS or employee benefits to their workers. However, many hidden costs can reduce these savings or even erase them entirely. This article focuses on seven legal myths, which can mislead businesses to believe they are saving costs by blinding them to costly legal risks when they hire workers as independent contractors
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.
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: