Tag: Employment law

goals

The Price of Success?

It has become an employee’s market, and jobseekers are being more forward about what they expect from employers. In the world of legal employment, that has translated to some tangible trends. One casualty may be the prehire arbitration agreement.

Legal Primer: Conducting and Managing the Results of Safety Audits

Under the Occupational Safety and Health Act (OSH Act) and its substantive regulations, covered employers are subject to certain safety and health audit requirements. For example, covered construction industry employers must institute a safety and health program that provides for “frequent and regular” inspections of jobsites by “competent persons” to ensure compliance with the Occupational […]

garnishment

What You Should Know if Faced with an Employee Wage Garnishment

Employers are being confronted with wage garnishments more frequently than in the past. Sometimes an employee will already be subject to a legal garnishment when the employer receives a new notice. Here are some basics on wage garnishments for employers to consider, including what to do when you have multiple garnishments for the same employee.

Surviving R. Kelly Raises Potential Issues of Employees Aiding and Abetting Abuse

Over the holiday break, my wife and I watched the documentary series Surviving R. Kelly. In six hour-long episodes, alleged victims of R&B singer Robert Kelly (known by his stage name “R. Kelly”) provided first-hand, detailed accounts of sexual, physical, and emotional abuse by Kelly. In addition to adult women, Kelly preyed upon teenage girls, […]

Everything I Need to Know About HR I Learned from NCIS

NCIS is a popular TV show that has run for 16 seasons. One of the show’s running conceits is the set of rules promulgated by lead investigator Leroy Jethro Gibbs (played by Mark Harmon). The rules are referenced scattershot throughout the episodes. Sometimes they’re self-fulfilling prophecies and at other times contradictory for the plot as […]

Job Applicants, Employees with Criminal Charges, Convictions: What Can Employers Do?

Employers often use job applications to seek information about candidates’ conviction records. Criminal background checks are often performed before hiring an employee. The reasons for seeking the information seem obvious, but unfortunately, how the information can be used is not. In fact, sometimes it seems employers are stuck in a “holding cell” when it comes […]

E-Verify: What Employers Should Know Before Enrolling

U.S. Immigration and Customs Enforcement (ICE) has increased employers’ Form I-9 audits by 60% in the current fiscal year. Consequently, many employers are considering enrolling in E-Verify, which could assist them in verifying their new employees’ employability and decrease the risk of an audit. You should involve legal counsel in the decision-making process, however, because […]

NLRB Has Fallen, and It Can’t Get Up

In hindsight, we can appreciate the success of the National Labor Relations Board (NLRB) and Richard Griffin, its controversial General Counsel (GC) during the Obama administration. Through a series of targeted decisions and GC memoranda, the NLRB sought to aid union organizing and expand the requirements and limitations of the National Labor Relations Act (NLRA), […]

Lessons on Grieving, Courtesy of NFC Championship Game

It’s time I made a confession: I’m a New Orleans Saints fan—a lifelong member of the Who Dat Nation—living in Atlanta. My status is particularly stressful during our biannual games against the Dirty Birds (Atlanta Falcons), but I expected my status would cause me even more grief when we lost the NFC championship game to […]