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Employers and Social Media

July 9, 2014

States across the country are limiting employers access to social media. Apparently many employers are more concerned with what is posted on social media than protection of company secrets. Many companies allow employees to use their own computers and smartphones at work.

English: Infographic on how Social Media are b...

English: Infographic on how Social Media are being used, and how everything is changed by them. (Photo credit: Wikipedia)

“Increasing numbers of Americans use social media both on and off the job. Recently, some employers have asked employees to turn over their usernames or passwords for their personal accounts. Some employers argue that access to personal accounts is needed to protect proprietary information or trade secrets, to comply with federal financial regulations, or to prevent the employer from being exposed to legal liabilities. But others consider requiring access to personal accounts an invasion of employee privacy.

State lawmakers introduced legislation beginning in 2012 to prevent employers from requesting passwords to personal Internet accounts to get or keep a job. Some states have similar legislation to protect students in public colleges and universities from having to grant access to their social networking accounts.”

Click here to see what states have passed or have pending legislation.

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Drug Testing and Discrimination

March 25, 2014

Everyone has to pass a “urine” test to get a job. What if you have medical issues and cannot produce urine?
If you deny a job because the applicant cannot do a “urine test” your policy might be discriminatory/
““While an employer may require applicants to undergo a drug test, these lawsuits should send a strong message to all employers that they simply cannot have a blanket, inflexible policy or practice”
To read the full article, click here

Fair Credit Reporting Act Litigation 2014

February 26, 2014

Here is an article from Littler Mendelson. The authors summarized the FCRA and provide 5 recommendations for employers in 2014.

Despite the use of the term “credit” in the statute’s name, the FCRA does far more than regulate the exchange of consumer credit information between the nationwide credit bureaus (e.g., Experian, Equifax, and Transunion) and creditors in connection with mortgage lending and other consumer credit transactions (e.g., credit reports).  The FCRA also regulates the exchange of consumer information between employers that use, and consumer reporting agencies (or CRAs) that provide, screening reports that include credit history and many other types of information.  Generally speaking, employers must comply with the FCRA when they order virtually any type of report from a CRA, including reports derived from public record sources (e.g., criminal and motor vehicle records checks).  – See more at: http://www.littler.com/publication-press/publication/weathering-sea-change-fair-credit-reporting-act-litigation-2014#sthash.SHAQD8ke.dpuf

Click here to read the full article

 

Senate bill would prohibit credit checks for employment purposes

February 26, 2014

Texas Employment Law Blog

Senate Bill 1837 , introduced by Elizabeth Warren and co-sponsored by six Democratic senators, would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit checks for employment purposes.  The Fair Employment for All Act would even prohibit employers from checking credit with written authorization from applicants or employees, as currently allowed in most states.

Senator Warren has issued a press release arguing that credit history does not reflect job performance and is a better indicator of bad luck than bad character, particularly after the recession:

“A bad credit rating is far more often the result of unexpected medical costs, unemployment, economic downturns, or other bad breaks than it is a reflection on an individual’s character or abilities,” Senator Warren said.  “Families have not fully recovered from the 2008 financial crisis, and too many Americans are still searching for jobs. This is about basic fairness — let…

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Proposed Bill to Ban Credit Reports for Employment Screening

February 26, 2014

credit report

Are credit reports of value to employers? The  Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions.

According to Senator Warren “It was once thought a credit history would provide insight into a person’s character and today, many companies routinely require credit reports from job applicants, but research has shown that an individual’s credit rating has little to no correlation with his or her ability to succeed in the workplace.  A bad credit rating is far more often the result of unexpected medical costs, unemployment, economic downturns, or other bad breaks than it is a reflection on an individual’s character or abilities.  Families have not fully recovered from the 2008 financial crisis, and too many Americans are still searching for jobs. This is about basic fairness — let people compete on the merits, not on whether they already have enough money to pay all their bills.”

Employment Law is Never Dull

June 6, 2013
English: The Frances Perkins Building located ...

English: The Frances Perkins Building located at 200 Constitution Avenue, N.W., in the Capitol Hill neighborhood of Washington, D.C. Built in 1975, the modernist office building serves as headquarters of the United States Department of Labor. (Photo credit: Wikipedia)

 

 

Just when you think nothing could be more boring than federal contractors, we get this Federal Case.  Read and enjoy

 

Lockheed Martin vs. DOL

 

 

 

Victims of Crime

May 14, 2013

According to the  National Crime Victims Rights, Office for Victims of Crime 18.7 million Americans are directly harmed by crime each year, and each crime affects many more family members, friends, neighbors, and co-workers. Crime can leave a lasting physical, emotional, or financial impact on people of all ages and abilities, and of all economic, racial, and social backgrounds. In addition to these challenges, crime victims face a criminal justice system that, at times, ignores their rights and treats them with disrespect. the U.S. Department of Justice, through the Vision 21 initiative, calls for a renewed commitment to serving all victims of crime in the 21st century. http://www.ovc.gov/

Click here to get a copy of the National Crime Victims Rights guidebook

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