legal issues

New OFCCP Pay Transparency Rules In Effect

EEO is Law supplement

The nascent trend toward pay transparency has a friend in the U.S. government, which now prohibits its contractors from discriminating against or punishing employees or job applicants for discussing or disclosing their pay. The OFCCP last week began enforcing Executive Order 13665, which was issued by President Obama in 2014. The intent is to…

Don’t Give Up If Your Candidate Fails a Drug Test

Drug testing

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. Dear Jeff: Lately it seems I am getting every strange circumstance in healthcare…

Without An Agreement You Don’t Get Paid

Without An Agreement You Don’t Get Paid

Editor’s note: Jeff Allen has heard every employer excuse you can imagine for not paying up — and dozens more that defy imagination. A few years ago he began documenting them in a weekly collections column. Because of the importance of collections, Fordyce will periodically reprise the most common situations he addressed. What…

Got a Fee Dispute? Here’s How A Judge Will Decide

legal fight

There are two purposes of every contract: To protect the “reasonable expectations” of the parties. To compensate one or more parties for “damages” caused by “reasonable reliance” on those expectations. Your printed fee schedule (or letter) is a contract with the employer, whether it’s signed or not. If you want to learn more…

Employee Payback Agreements: Legal, But Unwise

Employee payback

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. Jeff, I want to thank you for the insight you always share in…

How Do You Deal With a Quadriplegic Welder’s ADA Discrimination Claim?

Welder

By Eric B. Meyer Yeah, I thought you’d click on this one. From the blog that brought you the Americans with Disabilities Act claims of the bridge worker with a fear of heights, the firefighter afraid of fighting fires, and the utilityman who couldn’t climb utility poles, comes the quadriplegic welder and his claims of disability discrimination….

Systemic Discrimination: It’s Also When You Prefer to Hire Women Over Men

Discrimination Discrimination

By Eric B. Meyer Preferring to hire women instead of men? Yeah, that’s called discrimination. Unless, of course, you’re filling server positions at Hooters. But, I’m not going there today. Instead, the genesis of today’s post is an article I read last by Stan Parker in Law360. Mr. Parker reports that the U.S….

Your Agency Needs a Policy Manual Like This One

Policy book -shutterstock

Okay, everyone . . . Because you need this yesterday, here’s a sample policy manual. Whether it’s payment of commissions, conduct on the job, or termination of employees, the law looks to whether you provided sufficient notice to them of what to expect. Only about 10% of the staffing offices have a policy…

Does Firing an Alcoholic Employee Violate the Law?

sarkisian us drinking drunk

By Eric B. Meyer Back in October, the University of Southern California fired Steve Sarkisian, its head football coach. USC fired Sarkisian after various incidents where he appeared drunk, including during a speech at a pre-season USC football event. Yesterday, Sarkisian fired back with a 14-count lawsuit in California Superior Court. The lawsuit includes claims…