Compliance and Legal

The Chairperson of the National Labor Relations Board (NLRB), Wilma Liebman, promised that under her leadership, the NLRB would actively reach out to inform employees of their rights under the National Labor Relations Act (NLRA). Chairperson Leibman has said that the NLRB would especially target younger employees, and suggested that younger employees would have a higher unionization rate if they knew their rights.

Read more: Under the NLRB’s Newly Proposed Rule, Employers Must Post a Notice of Employee Rights Under the NLRA

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.

Read more: But I Signed An Independent Contractor Agreement

Quick summary:

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:

Read more: Complying with the Fair Credit Reporting Act (FCRA) in Four Easy Steps

It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors.

Read more: Independent Contractor (Self-Employed) or Employee? Still Confused?

Back in 2006, we covered the topic of applicant rejection letters in a post linking to an article in Assessment Council News (Considerations in Rejecting Applicants, on p.4). Since today’s economy is resulting in more applications — and thus more rejected job applicants — we decided to give the topic another look.

Read more: Job Applicant Rejection Letter Dos and Donts — Writing an Appropriate “Dear John” Letter to an...