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Once bitten twice shy: Greater scrutiny ahead for employees misclassified as contractors

by Jackie VanDerMeulen Organizations’ use of independent contractors (often also referred to as consultants) as opposed to actual employees has grown significantly over the years. This trend comes as no surprise in a changing economy where particular skill sets are required at specific times and where flexibility is a key driver of success. In some […]

No Background Screening? Call Yourself ‘Defendant’

Every employer has a legal duty to exercise due diligence in hiring, says attorney Lester Rosen. What If you don’t do background screening? According to a recent California survey, Rosen says, employers lose 60 percent of negligent hiring cases with verdicts averaging about $3 million, and average settlements around $500,000 plus attorney fees. An employer […]

Not All Millennials Are ‘Different’

Yesterday’s Advisor presented findings from a Millennial recruiting survey from FirstJob, an organization that specializes in early career hiring. Today, the other side of the coin—maybe there is no generational difference. Not long ago, the HR Daily Advisor® ran a story called “I Y My Millennials.” In it, Editor Steve Bruce extolled the work ethic […]

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Can Favoring Foreign Hires Result in Fines?

Earlier this year, the U.S. Department of Justice (DOJ) promised to crack down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. They recently made good on that promise in New Mexico.

‘Liking’ Facebook Post About Employer Is Protected Concerted Activity, Says NLRB

The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s other actions, including interrogating employees about the Facebook posts, threatening legal action and maintaining an […]

Are Your Employees ‘Financially Courageous?’

In the 1939 movie, “The Wizard of Oz,” the Cowardly Lion is known for his lack of courage. Oddly enough, when it comes to making the best use of employer-sponsored financial wellness initiatives, today’s workforce may have something in common with the classically fearful character.