Compliance

August 30, 2012

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Compliance

Gray Rights

One of today’s most significant employment trends is older workers who are staying employed and planning to remain employed. People have been extending their work years since the early 1990’s. Workers 55 and older made up 12.9% of the workforce in 2000. According to the Department of Labor, that group will be 20% of our workforce by 2015. A 2010 survey conducted by the Employee Benefit Research Institute showed workers 50 and older who planned to retire at or before 62 declined to 7.4%. Health care expense is the single cost factor that keeps people from retiring. The economic downturn […]

July 25, 2012

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Compliance

Employee Privacy

Workplace monitoring has become commonplace. Employers need to be aware of the federal Wiretapping Act which prohibits the interception of stored voice-mails and live telephone calls. There are exceptions for employers. Employers may monitor telephone communications if it is done as an ordinary course of business. The exception is designed for employers who need to maintain quality control of their telemarketing or customer service operations. Other legitimate business exceptions include protection of trade secrets, and ensuring compliance with non-compete agreements. The Electronic Communications Privacy Act (ECPA) is an amendment to the Wiretap Act, extending oral and wire communications to electronic […]

May 31, 2012

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Compliance

Criminal Background Checks Update

An employer can be legally responsible for an employee’s wrongful acts. Negligent hiring is a claim made against an employer based on the premise that an employer knew, or should have known, an employee was likely to behave inappropriately toward other employees. Criminal history is a routine background check made prior to a hiring decision to avoid negligent hiring. The Society of Human Resource Management (SHRM) surveyed more than 400 of its members and revealed 73% conduct a criminal history of potential employees. Criminal histories have become common for reasons beyond limiting legal exposure to negligent hiring. Conducting a criminal […]

March 28, 2012

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Compliance

Working Alcoholics

Many employers turn a blind eye to employees who are suspected of abusing alcohol, even when it may interfere with work performance. Each employee situation is unique. The lack of clear legal guidelines adds difficulty and often results in managerial abstention. Alcoholism, or alcohol dependence is a disease. Its symptoms include craving; the inability to limit one’s drinking; physical dependence identified by withdrawal symptoms; and tolerance, requiring greater quantity to feel satiated. The Americans with Disabilities Act Amendments Act (ADAAA) defines a person with a disability as having a physical or mental impairment that substantially limits one or more life […]