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What Physics and History Can Teach HR about Hiring and Firing

by Boyd Byers In physics, chaos theory is the concept that systems rely on an underlying order and are sensitive to initial conditions. As a result of this sensitivity, a small error or imprecision in the initial conditions grows at an enormous rate over time. Thus, two nearly identical sets of initial conditions applied to […]

Are Employee Background Checks Regulated by FCRA?

Employers performing employee background checks are actually subject to Fair Credit Reporting Act (FCRA) regulations. FCRA applies to all consumer reports and investigative consumer reports, whether they’re conducted in house or by a third-party such as a consumer reporting agency (CRA). FCRA “is a federal law, and it imposes minimum standards on employers that they […]

Poor Documentation Dooms Employers’ Defense

Failure to carefully document discipline remains one of the biggest legal problems that employers face, says attorney Jonathan Segal. Lawsuits that should never have been brought appear on your desk, and lawsuits that should have been dismissed become hard to fight. Segal is a partner with the Wolf Block law firm in Philadelphia. His tips […]

News Notes: Home Depot Socked With Big Retaliation And ADA Verdict

An Oakland jury has ordered Home Depot to shell out almost $1.7 million for retaliating against an employee who complained about sexual harassment and failing to accommodate her under the Americans with Disabilities Act. Denise Restivo, a computer systems coordinator, was demoted and transferred after charging that managers made sexual remarks and mocked the company’s […]

Take a Vacation from Smartphones and Overtime Laws

by Sarah McAdams Do you keep your personal Blackberry or iPhone on your bedside table, yanking yourself from deep sleep every time a new message dings in? You’re not alone, sad addict. I, for instance, am typing this on a Saturday at a picnic table in my backyard. For years, employers have most frequently issued […]

Employment Non-Discrimination Act (ENDA) Introduced in Congress

U.S. Representative Barney Frank (D-Massachusetts) introduced the Employment Non-Discrimination Act of 2009 (ENDA) June 24 in the U.S. House of Representatives. If passed, ENDA would prohibit employment discrimination on the basis of sexual orientation or gender identity. The Employment Non-Discrimination Act is very similar to existing antidiscrimination laws, including Title VII of the Civil Rights […]