Posts Tagged ‘employment’

Department of Labor withdraws joint employer guidance

A joint employer relationship can arise in circumstances where an individual performs work for two entities that share control over how that individual performs his/her work. Although joint employment relationships are most commonly found with companies that use temporary employees, staffing agencies or independent contractors, it can also apply to franchisor-franchisee and contractor-subcontractor relationships. When…

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Summertime, and the Livin’ is…well, potentially complicated

Ah…summertime. It’s finally here. The long days, the slower pace. Vacations, hotdogs and hamburgers on the grill, and the ever-present risk of legal exposure. Huh? That’s right, summertime also ushers in different types of employment relationships that can get employers into trouble. Let’s review three potential culprits. First up, the “summer intern” So energetic! So…

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NLRB rules employee’s vulgar, unprofessional social media post is protected concerted activity

Over the past few years, we’ve warned our employer clients that discipline of employees for social media activity has become risky business. The National Labor Relations Board has taken the position that employee commentary on social media is very often “protected concerted activity” under the National Labor Relations Act even when the language used is…

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Rules differ regarding second opinions on fitness-for-duty certifications

Employers may require fitness-for-duty certifications in a variety of circumstances, including employees returning from leave under the Family and Medical Leave Act (FMLA) and determining the existence of disabilities or the need for reasonable accommodations under the Americans with Disabilities Act (ADA). The availability of a second opinion on a fitness-for-duty certification depends on which…

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Who’s watching who? Running the checks on criminal background checking companies

A report released today by the National Consumer Law Center (NCLC) provides startling news for employers who rely on criminal background checks to assist them in screening job applicants. According to the authors of “Broken Records,” thousands of U.S. job seekers may be denied employment due to inaccurate or misleading information contained in such background checks.

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