Last night CBS launched its new series "Undercover Boss" following the Super Bowl. The premise of the semi-reality series is the president of a large company goes undercover as a rank-and-file employee to work for the company and get a bottom-to-top look at how the company operates. [Spoiler Alert –Don’t read further if you
Complying with Federal Law When Performing Background Checks
Recently I wrote about ADP’s 12th Annual Screening Index summarizing employment screening and hiring trends. Employers using third-party background screening services must remember to comply with the Fair Credit Reporting Act’s (FCRA) procedures prior to using consumer reports, in whole or in part, employment taking employment actions. Moreover, while Texas has no specific statutes governing use of consumer
Annual Survey of Employment Screening and Hiring Trends Released
This month ADP released its 12th Annual Screening Index report summarizing its evaluation of employment screening and hiring trends. The summary was gleaned from nearly 5.5. million individual background checks and 1.7 million criminal background checks performed during calender year 2008. The Screening Index:noted several interesting data points:
New Jury Verdict Research Indicates Employers Faring Worse in Jury Trials
Manpower has published its most recent research on jury verdicts and the news is not good for employers. According to a summary of the full report:
- Employers won the lowest percentage of discrimination jury trials this decade; only 39 percent. Employers won on 33 percent of age cases and 52 percent of disability discrimination cases. Expect employer’s
“Mad Men” Teaches What Not To Do When Leaving An Employer to Form a Start-Up Competitor
Last week’s season finale of AMC’s critically acclaimed series "Mad Men" shows a prime example of how to get involved in big time litigation when leaving a former employer to start-up a competing enterprise or work for a competitor. Mad Men is a made for cable series set in the 1960’s about a Madison
Keeping Off Santa’s Naughty List Because of What You Did at the Company Christmas Party: Minimizing Employer Liability Arising From Employer-Sponsored Holiday Parties
Let the Festivities Begin.
It’s that time again. The leaves are changing; there is crispness in the air and it’s time to start planning the company’s annual end of year or holiday party. While these events are wonderful opportunities for employees and their families to get together to celebrate the season, they can have unanticipated legal implications
EEOC Releases Poster Incorporating GINA
The EEOC issued a new poster that incorporates provisions of the Genetic Information Nondiscrimination Act (GINA). The new poster also includes updates from the Department of Labor. A copy of the poster can be printed here. Covered entities are required to post GINA notices not later than November 21, 2009. Covered entities include, among others, employers with 15
More Reasons to Document Employee Performance Issues
I recently wrote about the importance of documenting employee performance deficiencies. I also tried to outline several items to consider including in that performance documentation. You can read my post here.
This week, two fellow blawggers posted additional examples about why documenting employee performance problems is essential. Jay Shepherd at Gruntled Employees provides a
Balancing Employee Efficiency with Overtime Risk: Hourly Employees Use of Smart Phones for Work
Employees frequently stay connected with work through company issued smart phones. Smart phones, like the iPhone, Blackberry, and Treo, allow employees to have access to their work e-mails, calenders and contacts –in addition to making and receiving calls. In my practice, a smart phone is incredibly useful in staying in touch with my client’s needs when I’m in
Texas Employee Handbooks Should Include Contractual Rights Disclaimers
Employees occasionally sue Texas employers for breach of contract claiming the employer violated its handbook policies in taking some action against the employee. Texas law precludes most breach of contract claims premised on violations of an employee handbook where the handbook contains a provision expressly disclaiming any intent to create binding or contractual rights –whether express or implied.
John Hyman at the Ohio Employer’s