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What are 'Ban the Box' Laws

Details: The laws now in place vary in terms of their specifics, but in general, they usually require employers to refrain from asking about criminal history too early in the application process, and instead allow applicants to get through the interview process or even to …

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Pay Equity Laws 101

Details: Pay Equity Laws at the Federal Level. There are two primary laws that directly relate to equal pay at the federal level and several others that have antidiscrimination provisions—which, by extension, will prohibit pay discrimination. The primary two laws that directly relate to equal pay are the Equal Pay Act and the Lily Ledbetter Fair Pay Act.

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What Laws Relate to Antidiscrimination in the Workplace

Details: There are additional laws pertaining to antidiscrimination for government employees.) Title VII of the Civil Rights Act (Title VII). This is the first law most people think of when it comes to antidiscrimination. Title VII protects employees and applicants from discrimination based on gender, religion, color, national origin, or race. It also

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5 Laws That Job Descriptions Can Violate

Details: A number of federal laws and regulations are involved as you complete your job descriptions and work with them, says Kennedy, including: Fair Labor Standards Act (proper classification as exempt or nonexempt); Equal Pay Act of 1963 (comparing job values, pay values, and gender); Equal Employment Opportunity (comparing pay levels and protected group status)

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What Laws Does the EEOC Administer

Details: Here are the primary laws for which the EEOC provides enforcement: Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, national origin, sex, or religion.. The EEOC also enforces one of the amendments to Title VII—the Pregnancy Discrimination Act—which prohibits discrimination based on pregnancy, childbirth, or any related medical condition.

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Ban the Box Laws: Are You Affected

Details: The laws generally say that the employers should allow someone through the application process and give interviews before asking that question. It results in giving individuals a better chance at getting the job offer and forces the employer to consider individual circumstances before disqualifying someone based on a previous conviction.

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Ban the Box Laws and Second Chance

Details: These laws are in response to the Second Chance movement, which recognizes that employment is the best means to combat recidivism and to give ex-offenders a fair chance in obtaining employment. It can get even more complex because an employer may be subject to various state and local laws with different rules.

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What Is the Fair Chance Act

Details: The Fair Chance Act is a new so-called “ban the box” law that prohibits federal contractors from getting information about an applicant’s criminal history before making a job offer. The Fair Chance Act will take effect December 2021. The premise behind this and other ban the box laws is that those who are coming out of prison will still

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What Is Section 503

Details: People with disabilities and veterans both have disproportionately high levels of unemployment compared to the rest of the population, but there are laws on the books aiming to reduce that gap. In fact, two of those regulations – Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) – have been updated this year to help ensure …

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Why Proper Worker Classification Is So

Details: The short answer is because of employment laws. Numerous employment laws cover only employees, and misclassification of workers as non-employees denies the protections of these laws. If a governmental agency or a court determines that an employer has misclassified workers as a non-employee, the employer faces penalties for violations.

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Ban the Box Now: More the Rule than

Details: Ban the box laws that remove the box on applications that job applicants are asked to check if they have a criminal record are now more the rule than the exception for Human Resources professionals when screening applicants. As of March 2018, 30 states and more than 150 cities and counties have ban the box […]

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Can an Employer Prohibit Employees from

Details: Legally speaking, in most states an employer can enact a policy that prohibits employees from dating one another. (Check your state and local laws for exceptions, which do exist and are usually centered on employee privacy or limitations for employers on prohibiting nonwork activities.) However, even if legal, banning any work romantic

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What Are the Employee Privacy Laws in

Details: What laws govern electronic monitoring of employees? In the webinar, Jacuzzi noted “this is an area that is evolving. Unfortunately, the technology evolved a lot quicker than the laws, and that’s not an unusual situation.”

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COVID-19 Immunity Laws No Free Pass for Employers

Details: Employers may be tempted to view new civil immunity laws in many states as providing protection and certainty against coronavirus-related claims. On closer review, however, the new laws’ limited benefits mean you must keep caution and vigilance as top priorities. Which States Have Passed Protective Laws To date, the following states have passed broad civil […]

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5 Basic Rules for Understanding Travel

Details: Remember: when both federal and state laws exist on a specific topic, the law which is more favorable to the employee will govern. At the federal level, the Fair Labor Standards Act (FLSA) is the primary law governing travel pay. The standard asks whether the employee’s time is spent primarily for the benefit of the employer.

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Can an Employer Ask to See an Employee

Details: These laws started proliferating back in 2012 at the state level. As of February 2015, there are not yet any federal laws that enforce such a prohibition. However, the issue has been raised at the federal level, so it’s not inconceivable that a federal law could be in the works in the future.

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Know the Rules for On-call Workers

Details: The law in this area is still developing. But the courts have given employers a pretty good idea of what factors they consider key when ruling on disputes involving oncall worker pay.

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Nepotism and Its Dangers in the Workplace

Details: Very few laws regulate nepotism at either the state or federal level. In fact, some states have no laws prohibiting the practice. Nevertheless, the consequences of nepotism may increase your risk of being sued for discrimination or hostile work environment. For instance, personal relationships and fraternization between coworkers often lead to

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Guns in the Workplace Policies

Details: State and Local Gun Laws . Before implementing a ban on weapons, check state and local laws, says Weitzman. Many states have enacted laws that prohibit employers from enforcing any workplace policy that would prevent their employees from storing guns in …

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Mastering Tough FMLA Issues: Employees Who Don’t Have

Details: Mastering Tough FMLA Issues: Employees Who Don’t Have Restoration Rights. This article series addresses some of the most confusing real world problems surrounding the Family and Medical Leave Act (FMLA). In the last installment, we discussed situations in which employees have job restoration rights upon returning from leave.

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Tricky Call—Order of Priority for

Details: Check the laws of your state. If a state law differs from Title III, the law resulting in the smaller garnishment or otherwise giving the employee more protection should be observed. An order from a bankruptcy court should be honored before other consumer debts …

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Diversity Training: True or False

Details: The laws don’t cover outsiders. True or False; Denial of employment to an applicant is a tangible employment action, but a demotion is not. True or False; Occasional teasing that is not severe or pervasive generally is not considered harassment.

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Maternity and Paternity Leave in the

Details: Maternity and Paternity Leave: Some U.S. Laws that Cover the Gaps. While there is no mandated maternity/paternity leave at the federal level, there are a few laws that exist to bridge some of the gaps. Here are some examples: We already mentioned the FMLA, which is a federal regulation that provides up to 12 weeks of unpaid leave.

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Ban-The-Box: A Lesson from California

Details: California is only one of 34 states that have ban-the-box laws. While this article deals with California-specific interactions between ban-the-box laws and the Fair Credit Reporting Act (FCRA), it provides a useful lesson for any employer who deals with similar issues. California is rife with regulation of how employers may obtain and consider background check […]

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It's Time to Consider Adopting No

Details: And, notably, existing smoke-free laws are often interpreted to prohibit electronic cigarette use in their provisions. Specifically, the West Virginia Legislature has indicated electronic cigarette usage might fall within the general smoking category. In 2019, the legislature passed a law categorizing a “vapor product” as a “tobacco

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Be Aware of the Wage and Hour

Details: The FLSA and many state wage and hour laws require employers to record the time nonexempt employees work. The same record-keeping requirements that apply to traditional employees apply to telecommuters. When employees work from home or are otherwise off-site, it can be difficult to track the actual hours they are working.

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What Can Employers Do to Prevent

Details: Some states also have laws that may be imposed on employers so check with your state to ensure compliance. So, what can employers do to prevent workplace violence? Employer policies should include security measures to prevent workplace violence, including premises security (e.g., access control systems, lighting, procedures, protocol and

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SCOTUS Limits Scope of Cybersecurity Law

Details: Revise employee handbooks, policies, and procedures to align with the Van Buren ruling and any state-based cybersecurity and data privacy laws. Revise contracts to include limitations on data access. Provide training to management and employees that emphasizes the above limitations and restrictions as well as the evolving laws and industry

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Can You Enforce a Policy That Hasn't

Details: The type of policy is important. Wage compensation policies of any type—for example, reimbursements, vacation/paid time off, and unearned but “promised” benefits (such as medical coverage)—are regulated by various state and federal laws that require special handling, including provisions such as a period of notice before a change.

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Preventing Whistleblowers in the

Details: by Kara M. Maciel, Esq. and Dan Deacon, Esq., Conn Maciel Carey Now more than ever, employers are at an increased risk of facing a retaliation complaint as regulatory rule changes and expansive federal laws make asserting these claims much easier for employees to prevail. Whistleblower and retaliation charges have been on the rise throughout […]

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5 Reasons to Update Your Employee

Details: The laws are always evolving at both the state and federal level, and courts’ and agencies’ interpretations of older laws evolve as well. Over the past several years, there have been a flurry of employment laws enacted affecting employer policies, and you need to be sure you have addressed them in your handbooks.

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Definitions of Common Workers

Details: An employee who believes his employer violated those laws may file a claim for RD or WT. Return to work (RTW). Third-party administrator (TPA). In the workers’ comp context, a TPA is an organization that processes claims on an employer’s behalf. A large company may be self- insured for workers’ comp claims but may outsource the

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Criminal Background Checks: Cautious

Details: Commonly, these types of laws are referred to as ban the box laws (referring to the box on an application) or fair chance laws. However, of course, these states have varied in the types of restrictions imposed. Therefore, whether an employer can ask a prospective employee about his or her criminal record or run a criminal background check will

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Workplace Words of Wisdom from Ted Lasso

Details: David Kim focuses his practice on the representation of employers in labor and employment law matters. He advises clients on employment discrimination laws, hiring, discipline and discharge, compliance with federal and state WARN regulations, implementing personnel policies and procedures, compensation, wage and hour laws and worker classification.

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Employers may be required to

Details: Under both the ADA and most state laws, it is the employee’s duty to request an accommodation. However, when an employee links a medical condition to a workplace problem, she puts her employer on notice that she may be disabled, and the employer must determine whether an accommodation is required.

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#10YearChallenge: How Much of a

Details: However, a patchwork of state and local laws has been enacted over the last 10 years to provide gay and transgender workers with some protections from employment discrimination. Additionally, last month, the U.S. Supreme Court heard arguments in a trio of cases about whether Title VII bars job discrimination based on sexual orientation and

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Smell Harassment: Yes, That’s a Real

Details: The Mainichi is reporting that several firms in Japan have recently come up with a solution to handling smell harassment in the workplace. These companies are now offering training courses to help the offending parties better manage their personal hygiene in an effort to stop upsetting others in their presence. Remember—this is in Japan, so U.S. workplace laws generally don’t apply.

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Weather Closing: Must You Pay Employees Who Are Not at

Details: Besides these distinctions, there are also differing rules for different employees, Visconti explained. “There are rules for exempt employees that differ fairly drastically from non-exempt employees . . . there are also differences between federal and California law, and how each of those laws treat both exempt and non-exempt employees.”

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Illinois Employers Need to Be Ready for New Marijuana Law

Details: On the topic of impairment, the law provides Illinois employers with guidance other states’ laws lack. The Act defines when an employer may consider an employee to be impaired or under the influence, specifically if the following conditions are met: (1) The employer has a good-faith belief the employee is manifesting specific, articulable

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Temp and Other Contingent Workers

Details: Discrimination Laws. The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities …

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Nevada Law on Marijuana Screening Goes

Details: Nevada Law on Marijuana Screening Goes Into Effect January 1. Nevada has a new law taking effect January 1, 2020, prohibiting employers from refusing to hire applicants who test positive for marijuana during preemployment drug screenings. Assembly Bill 132 also says that if an employer requires a drug screening during the first 30 days of

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Ask the Expert: Recruiting Document

Details: Some state laws may require longer record retention periods. For conflicting laws, always follow the longer retention policy. Keep in mind, the penalties for not keeping required records may be severe. Arizona law, for example, doesn’t specify a record retention requirement for …

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