legal issues

HR’s Role In Protecting Company Trade Secrets

On May 11th, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. It is an amendment to the Economic Espionage Act and provides a new, federal court civil claim for acts of trade secret misappropriation that occur on or after May 11, 2016. Most states have statutes providing a…

Small Employers Could Be On the Hook For Health Care, Family Leave

Every business that has contractors or temps supplied by another company needs to be alert for the likelihood the U.S. Department of Labor will find a joint employer relationship exists. This is as true for small employers as it is for the largest. A lengthy Administrator’s Interpretation issued last month by the Labor…

New OFCCP Pay Transparency Rules In Effect

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

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

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

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

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?

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

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

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?

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…

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

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

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

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?

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?

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

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

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…