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

Robin Shea Hits: 1848

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.

Be the HR Survey!

Charlie Judy Hits: 1190

How many pages is your employee handbook? Count them…go on…then come back in an hour when you’re done. The one I’m looking at is 106 pages*…God Almighty! First of all, I understand the importance of covering our bases to the Nth degree in this crazy messed up litigious world (or country) that we live in. It’s a pain, but it is what it is.

Reference and Background Checking - Get better results Legally

Human REsource Managment Services Hits: 1352

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,

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

Patrick Kitchin Hits: 2839

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.

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

George Reardon; William Hays Weissman; Neil Alexander Hits: 1980

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.

Demystifying the Facebook Firing Case

Shaun C. Reid, Esq. Hits: 3435

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.