Showing 18 posts by Michael R. Blum.
Part One: Stay on the Right Side of the Law When Conducting Job Candidate Background Checks
In the past, background checks on prospective employees were done as a matter of course by employers. The only real risk employers faced was missing a red flag in a candidate’s background, resulting in a poor hiring decision. Read More ›
Categories: Compliance, Criminal, Employee Handbook, Employment
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Legal Pitfalls and Best Practices During the Hiring Process
In today’s tight job market, businesses must recruit aggressively to attract talent. However, without a clear and compliant hiring process in place, and well-trained employees to implement the process, an employer’s hiring practices can open it up to significant liability. Read More ›
Categories: Employment, Labor Relations, Lawsuit, Liability
The End is Here…How to End the Employment Relationship
Disciplining, terminating or laying off employees can be a traumatic experience. It is traumatic for the employee because it involves criticism for not performing acceptably and/or causing potential financial burdens because the paycheck has stopped. Read More ›
Categories: Employment, Labor Relations, Lawsuit
Conflict at Work: Is it Harassment or is it Bullying?
Employers have known for a long time the legal implications of harassment in the workplace. And, while bullying gets considerable attention in schools, it is only now starting to gain attention in the workplace. But employers must be aware that ignoring bullying in the workplace may also expose them to significant legal liability. Read More ›
Categories: Did you Know?, Employment, Harassment, Lawsuit, Liability
The Consequences of Misclassifying an Employee as an Independent Contractor
Due to increased scrutiny from state and federal government agencies and high profile cases involving companies such as Uber, UPS and FedEx Ground, businesses are becoming increasingly concerned over proper classification of workers. Read More ›
Categories: Employee Benefits, Employment, Labor Relations, Lawsuit, Liability, Wage and Hour
The Return of the Unpaid Internship
For the past eight years, the U.S. Department of Labor (the "DOL") followed a strict six-part test to determine whether a for-profit employer could use interns without compensating them for the services they provided. Read More ›
Categories: Department of Labor, Employee Handbook, Employment, Fashion, Labor Relations
Employers Beware – Employees May Lawfully Record Workplace Discussions and Activities
In an effort to guard against workplace meetings or discussions being recorded and uploaded to social media for all to hear, and to protect employees against surreptitious recording of their conversations, many employers have implemented "no recording" policies. One such employer was Whole Foods Markets, which had two no-recording policies in place. Read More ›
Categories: National Labor Relations Board
Temporary injunction issued against Department of Labor overtime regulations
A Federal court in Texas issued a temporary injunction yesterday against the new Department of Labor (“DOL”) overtime regulations that were set to go into effect December 1st.
The injunction follows court arguments heard on November 16th in a lawsuit brought by 21 states alleging the new DOL’s rules exceeds the DOL’s authority and violated administrative law requirements. The new regulations propose to raise the salary threshold for exempt employees from $23,660 to $47,476 and provide for an automatic increase to the threshold every three years. Read More ›
Categories: Department of Labor, News & Events, Overtime, Regulations
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