compliance

May 31, 2012
May 31, 2012
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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 […]
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December 3, 2011
December 3, 2011
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Allegations are Derailing

The recent news about Herman Cain and Penn State shocked the public. Yet these high profile cases don’t stand alone. Allegations of injustice, abuse and rape happen. In 2010, the Department of Justice collected $6.7 billion in fines, penalties and settlements. The Equal Employment Opportunity Commission achieved its personal best in 2010, collecting more than $400 million. And the Department of Labor, Wage and Hour Division collected more than $175 million. High profile cases demonstrate the debilitating impact of an allegation of discrimination or wrong-doing. The allegation itself is derailing. It pulls emotional, physical and financial resources away from the […]
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October 1, 2011
October 1, 2011
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New Posting Requirement

The National Labor Relations Board (NLRB) issued its final rule to post Employee Rights Under the National Labor Relations Act. The rule applies to all employers covered by the National Labor Relations Act (NLRA) Most employers are covered by the NLRA. Any employer whose business crosses state lines or communicates across state lines, does business with the government, any foreign country or an Indian tribe is covered. Employers violate the law anytime they prohibit communication or cooperation among employees concerning the terms or conditions of employment. The vast majority of the more than 7,000 comments objected to the required posting. […]
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February 1, 2011
February 1, 2011
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Chilling News

Some employers don’t realize Section 7 of the National Labor Relations Act (NLRA) protects the rights of all employees, regardless of union status, to form or join, labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities, such as discussing wages, work conditions, and other terms of employment. Should an employer interfere with this right, it is considered an unfair labor practice. The term chilling refers to discouraging, depressing or deterring employees from exercising their rights under the NLRA. A non-union employer who prohibits employees from discussing wages under the confidentiality section […]
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