legal issues

Will Hiring a Minority Get You Out of a Discrimination Claim?

Discrimination

By Eric B. Meyer Can you eliminate discrimination claims by hiring minority replacements? Yeah, no. When a person claims that he wasn’t promoted because of his race, or terminated because of her gender, or brings some other claim of disparate treatment, that person must demonstrate several elements: For example, in a failure-to-promote case, at…

Yes, a Florida Court Just Ruled That HIV is NOT an ADA Disability

ADA Disability ADA

By Eric B. Meyer Yesterday, the EEOC issued two new publications on the rights of HIV-positive individuals in the workplace. As EEOC Chair Jenny Yang underscored, Individuals with HIV infection should know that the ADA protects their rights in the workplace, including the right to reasonable accommodations.” The implication here is that HIV…

Help Me Collect on My Split-Fee Commission

Having a problem collecting? Wondering about your non-compete agreements? Should you check references and do background checks? Jeffrey Allen can help Email him your toughest questions and get the kind of help you need now! Click here to reach Jeff. Hello Jeff, Thank you for helping those in the recruiting industry understand our…

The Serious (and Costly) Risks You Run by Using Unpaid Interns

My-name-is-Intern

By Louise Truong The scene is well-known and well-played out in movies, TV shows, and books: A young, haggard intern hurriedly fetches coffee, makes copies, and run errands for her boss. In exchange, she gets first-hand knowledge and exposure in a glamorous field, such as the fashion world, the movie business, or the…

Should You Send Out Temps During A Strike?

pickets

Having a problem collecting? Wondering about your non-compete agreements? Should you check references and do background checks? Jeffrey Allen can help Email him your toughest questions and get the kind of help you need now! Click here to reach Jeff. We get the question all the time: Should I send out temps during…

Is Denying an Attempt to Rescind a Resignation Just Workplace Retaliation?

Quit resign

By Eric B. Meyer Is it possible that denying an employee’s attempt to rescind her resignation may actually be … retaliation? OK, not exactly. According to the New Orleans-based Fifth U.S. Circuit Court of Appeals in Porter v. Houma Terrebonne Housing Authority, it went more like this: Tyrikia Porter worked for the Houma Terrebonne…

New Labor Department OT Rules May Be Delayed Until End of 2016

Overtime

By Eric B. Meyer Is there a delay in the new U.S. Department of Labor Overtime rules? Lauren Weber of The Wall Street Journal reported that Solicitor of Labor, Patricia Smith, told an audience at the American Bar Association Labor and Employment Law Conference in Philadelphia that the Department of Labor’s proposed changes to the…

Here’s What Is Important About the Latest EEOC Guidance on Wellness Programs

wellness

By Eric B. Meyer The EEOC  — the Equal Employment Opportunity Commission — has issued proposed rules on the Genetic Information Nondiscrimination Act (GINA), and its impact on your employer wellness programs. Remember, GINA? That’s the newish federal law that generally precludes employers from obtaining genetic information about employees. But, there’s an exception to the…

Is Playing Hooky to Attend Kelly and Michael Live Worth Getting Fired Over?

kelly

By Eric B. Meyer When it comes to daytime television, personally, I’m more into The View.  [Disclaimer: This post involves an employer client of mine. However, I was not involved in this particular action]. Here’s the thing: If you’re going to play hooky, try not to have clips of it on YouTube. The…

A Sobering Lesson: Why HR Needs to Be Up to Date on Accommodation Requests

accommodation

By Eric B. Meyer It was the bottom of the first page of this recent federal court opinion in EEOC v. Star Transport, Inc. really grabbed my attention: In December 2008 or January 2009, Edward Briggs became Star Transport’s Human Resources Manager. He received no training on anti-discrimination laws, was not aware of…