Screening Candidates with Too Much Experience a Potential ADEA Violation
Can screening a candidate because they have too much experience become a legal problem? According to the U.S. Court of Appeals for the 7th Circuit, yes it can.
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Is Zappos’ Approach to Recruiting Right for You?
In yesterday’s Advisor, BLR legal editor Jasmin Rojas explored Zappos’ new approach to recruiting—all on social media, no postings. In this issue, more of her thoughts about how you may learn from their initiative.
Wilson et al. v. The Avengers as Successor to Strategic Homeland Intervention, Enforcement, and Logistics Division
I have two teenage sons, so I’ve watched all that the Marvel Cinematic Universe has to offer. (“Sure, blame it on the kids, dork.” “Shut up, Internal Monologue—this doesn’t concern you.”) This spring, Marvel rolled out its latest offering, The Falcon and the Winter Soldier, featuring Falcon (“Sam Wilson,” played by Anthony Mackie) and Bucky Barnes (formerly the […]
On-Demand Pay Considerations
Has your organization started offering on-demand pay as an employee benefit? On-demand pay is exactly what it sounds like—a way for employers to give employees access to their pay on demand instead of waiting for the standard payday. On-demand pay is often implemented through a third-party app, coordinated by a payroll provider, to give employees […]
FLSA Guru Provides Insight on Proposed Overtime Changes
Do the new proposed overtime regulations submitted in July have your HR department aflutter? BLR’s Senior Legal Editor, Susan Schoenfeld, got the scoop at the Society for Human Resource Management’s (SHRM) conference from an expert speaker and helps to calm HR’s nerves with some solid insight.
3 Things to Know About Hiring Gen Z
As the school year comes to a close, 4.43 million college students will graduate and set their sights on starting their careers. Entering the working world is exciting, but it also comes with a new set of challenges, including navigating job boards, prepping for interviews, and evaluating if an employer and a job align with […]
Leaving our lives to fate isn’t the path to success
by Dan Oswald Over the weekend, I watched a movie with my wife. I won’t say which movie because my guy friends will make fun of me. But in my defense, this past weekend included Valentine’s Day. Anyway, the movie talked a lot about fate and destiny and got me thinking about how much of […]
Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate
In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).
Economic Reality Check: Is Your Independent Contractor an Employee in Disguise?
The traditional lines between contractors and employees are fading fast as outsourcing continues to gain popularity. The “gig” economy leads people to pursue freelance careers, working several jobs or maintaining a “side hustle.” Technological advancements allow more flexibility in where, when, and how jobs are completed, further blurring traditional distinctions between contractors and employees. Yet […]
Commission Structure Doesn’t Justify Failure to Pay Wages Due at Termination
Commission payments often make up a significant portion of the compensation paid to employees who work in sales. The structure of commission payments varies from industry to industry and from region to region, but commissions serve the same basic purpose: financially motivating employees to increase their sales with the promise of receiving higher income.