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Category Archives: employment practices

Common Employment Practices Liabilities in the Hiring Process

Common Employment Practices Liabilities in the Hiring ProcessThe hiring process can be wonderful for employers, but while it is exciting to add new talent to the team, the process can be dangerous if you are not careful. Just as applicants are expected to obey certain codes of conduct when applying for jobs, employers need to mind their behavior as well, though it’s not just  about etiquette: there are many legal restrictions on the hiring process, and disobeying

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The Risk of Employment Practices Violations

The Risk of Employment Practices ViolationsThe Equal Employment Opportunity Commission (EEOC) receives tens of thousands of claims by employees and former employees each year. In fact, in 2015 there were 89,385 discrimination cases filed with the EEOC. Topping the list were retaliation claims at 39,757, followed by discrimination allegations involving race (31,027), disability (26,968), sex (26,396), age (20,144), national origin (9,438), religion (3,502), color (2,833), the Equal Pay Act (973), and the Genetic Information Non-Discrimination …

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Employment Practices in Tech Industry: The Diversity Issue

Employment Practices in Tech Industry: The Diversity IssueOver the last few years there has been heightened scrutiny regarding the makeup of the workforce at technology companies, which is predominantly white, Asian, and male. Diversity in the workforce was underscored in a survey conducted by Fortune last year, which revealed that on average women comprise about one-third of the jobs in the tech industry. That gap expands the higher up you go in an organization, with the best …

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Employment Practices: Pay Close Attention to California’s New Fair Pay Act

Employment Practices Pay Close Attention to California’s New Fair Pay ActCalifornia’s new Fair Pay Act, in effect as of January 1, 2016, requires equal pay, regardless of gender, for employees performing “substantially similar” work – not just “equal” work, as previously was the case. The requirement also extends to different locations run by the same company, not just “the same establishment,” as under the earlier law. In addition, the law protects employees from retaliation if they seek information on wages …

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Employment Practices: New Gender-Equity Laws Take Effect in NY in 2016

Employment Practices New Gender-Equity Laws Take Effect in NY in 2016Last month, New York Governor Andrew Cuomo signed into law a series of bills that expand the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the Women’s Equality Act, and take effect on January 19, 2016. Here is a brief rundown of each law to help employers in New York remain in compliance.

Expanded Equal Pay Protections

The first bill in …

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EPLI: Terminating Employees in the Age of Lawsuits – Part I

EPLI Terminating Employees in the Age of Lawsuits – Part IBreaking up is hard to do, and this includes terminating an employee. But sometimes you’ve got to do it, as it’s absolutely necessary to the productivity and growth of a business. What’s important when firing an employee is that it’s done in the most ethical and professional way possible, and that certain protocols are followed. This not only lessens the blow to the terminated employee, but it also preferably leaves …

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Employment Practices: Head Scarf Ruling and Workplace Discrimination

Employment Practices Head Scarf Ruling and Workplace DiscriminationThe Supreme Court (8-1) recently ruled that Abercrombie & Fitch violated the nation’s ban on religious discrimination after the retailer didn’t hire a Muslim teenager who wore a headscarf known as a hijab to her interview. What does this mean for businesses and their hiring and employment practices?

Here are the basic facts of the Abercrombie & Fitch case: Samantha Elauf applied for the sales job in in 2008 at …

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Employment Practices: Be Aware of Your State Laws on Background Checks

Employment Practices Be Aware of Your State Laws on Background Checks The legality of employee background checks has been a front-and-center issue for employers, especially after the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) last year released two short guides explaining how both agencies’ respective laws apply to background checks performed for employment purposes. These agencies may have offered clarity on the issue of employee background checks but it’s important to know your state’s rulings and the …

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A Look At Employment Practices and Employee Severance Packages

A Look At Employment Practices and Employee Severance PackagesReview Severance Agreements for Possible Discriminatory Practices

Severance agreements are typically viewed as a win-win for both employer and employee when parting ways. They include enhanced financial benefits in exchange for a broad release of claims and promises not to sue. Most recently, however, severance agreements have come under scrutiny. In February, for example, Equal Employment Opportunity Commission (EEOC) hit CVS Pharmacy with a lawsuit, citing that its severance agreement …

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EPLI: How Telecommuting Can Impact Employment Law

EPLI How Telecommuting Can Impact Employment LawSixth Circuit in EEOC-Ford Moto Co. Case Rules Telecommuting May be A Reasonable Accommodation under the ADA

Technology has changed the way we now work. We’re connected to our smart phones and tablets throughout the day, able to respond to client and employer requests immediately no matter we are. Services such as Go To Meeting and Skype allow us to hold conferences with people located all over the country …

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