Tag: Employment law

Section 503 Hiring Goal for Contractors Effective in March

The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have workers with disabilities make up 7 percent of their workforces. If the rules are published […]

Self-employed worker or salaried employee? Getting it wrong can be costly

By Myriam Robichaud You’re about to hire an employee. But he has his own business and wants to be an independent contractor. That way, he’ll pay less tax. And it’s easy for you too — you will just have to pay his invoices and won’t have to include him in your employee headcount. But wait. […]

Equal opportunity offender

No discussion of the film Horrible Bosses is complete without covering Kevin Spacey’s character, David Harken. Although he is arguably the most intimidating and even frightening of the three horrible bosses (two of which I covered in earlier posts, #1 and #2), his workplace conduct gives rise to the lowest litigation value from an employment […]

Do credit and criminal checks discriminate against minorities?

Over the past few years, the Equal Employment Opportunity Commission (EEOC) has aggressively challenged the use of credit reports and criminal history checks in hiring decisions, alleging that use of the information results in a discriminatory impact on candidates in protected groups. In 2012, the commission successfully negotiated a $3.13 million prelawsuit settlement of a […]

Employee handbooks: Are they really necessary?

by Ann Kontner Even though it isn’t a state or federal law requirement, many employers have an employee handbook or at least a few written company policies. Exactly where do those policies come from? The answer to that question is easy—the HR department. But where does HR get the policies that govern the company? The […]

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

Contracting out union work – comparing cases

By Brian P. Smeenk An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face […]

Moneyball tips on letting less productive players go

Part of our mission here is to keep all you bibliophiles out there engaged and entertained. (I happen to be one, so I know we’re a rare breed.) Our book today is Michael Lewis’ Moneyball: The Art of Winning an Unfair Game.

Holiday party

Getting the scoop: The value of exit interviews

Depending on your vantage point, exit interviews can be an effective way to get information that will improve the workplace, or they’re a waste of time that some employees resent. The idea behind exit interviews is to help employers understand why employees leave so that the employer can make improvements to reduce turnover and boost […]

Banning electronic cigarettes in the workplace

by Reggie Gay Electronic cigarette companies like to say that users of their products can “Smoke anywhere!” According to the recent Businessweek article “E-Cigarettes Want Your Attention Now (Before the FDA Steps In),” electronic cigarettes are “expected to top $1 billion in annual sales in the next few years.” As the industry grows exponentially, employers […]