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This is part 2 of a five part series. In 2015, employers will face a number of challenging issues when it comes to managing, monitoring and maintaining their workforce. An employer that does not comply with its legal obligations faces numerous costs, including the time spent preparing and responding to litigation, investigating potential claims as well as harm to its business reputation. Numerous new laws have been passed on the federal, state and local level which will have a significant impact on the workplace and increase the risk that an employer will be subject to a lawsuit, civil fines or criminal penalties. Over the next few weeks we will explore the top trends in litigation facing business owners.
In 2015, employers will face a number of challenging issues when it comes to managing, monitoring and maintaining their workforce. An employer that does not comply with its legal obligations faces numerous costs, including the time spent preparing and responding to litigation, investigating potential claims as well as harm to its business reputation.
In 2004, a grassroots movement called “Ban the Box” was created. In the decade since the start of the campaign it has picked up steam and many states and cities are considering passing or have already passed a Ban the Box resolution. What is it? And what do employers need to know? Ban the Box urges employers to remove questions about past criminal convictions on job applications so that people can be judged on their qualifications and skills first. The concern is that it is difficult for people with old and minor past convictions to secure a job.
The task of writing and revising job descriptions may sound dull, but at the same time be daunting. With so much to consider—essential versus nonessential functions, varied job responsibilities, experience and education requirements, etc.—the job can be mind-numbing. Then throw in the legal issues to consider, including things like how to prevent discrimination and wage and hour claims, and the job can get overwhelming.
As you may have heard by now, the judge who originally struck down the redefinition of the companionship services stuck by his original decision and kept the ruling allowing the Department of Labor to pursue it through the appeals courts. So what does that really mean?
It’s no secret that since the recession many workers have found themselves expected to do more with less. They’ve seen wage and hiring freezes as well as cutbacks in benefits. They’ve also worked under a cloud – knowing that their jobs could disappear in the next round of layoffs.
It’s that time again, when many of us take inventory of the past year and make resolutions for the coming year—for example, to do better, work smarter, become more efficient, or waste less time. For some of you, focusing on aspirations for the coming year may be part of a formalized process of establishing annual goals and targets, strategic planning, or simply making next year’s “to-do” list. Regardless of how the process is done or what it’s called, the fundamental purpose of annual resolutions is the same: to plan for a better, brighter, more successful future.
Holiday parties are a great way to thank your employees for working hard and helping you succeed as a company but they can also create a major impact on employer liability, including the potential for sexual harassment claims. While the annual holiday party is often one of the most anticipated company events of the year, it can also get out of hand if an employer is not prepared for the potential disasters.
The end of the year is a time that’s both hectic and reflective, and it’s that reflective thinking that’s put to use in evaluating employee performance. Whether evaluations are done at the end of the year, the beginning of a new year, or at various times, it’s important to keep the basics of legally sound evaluations in mind.
Congratulations—you’re hiring a new employee. Now that you have it narrowed down to your favorite candidates, it’s time to bring them in and ask them a few questions to see if they are the right fit for your company. What questions to ask? Even scarier, what questions are no-nos? Generally, the list of prohibited questions coincides closely with the protected classes under federal and state laws. Where things get really confusing is sometimes it just depends on how you ask a question.