Independent contractors would be subject to a ‘totality-of-the-circumstances’ test from the DOL
FLSA’s independent contractor regulations, along with many federal laws under the DOL’s enforcement purview, have been subject to numerous presidential administrations that differed in their approach to the law.
Stock and asset transactions: what you should know about employment background checks
The practice of conducting background checks on employees and applicants continues to attract class action suits, and representations and warranties insurers are investigating employment background check practices.
How Alias Names Hide Criminal Records
If an applicant has multiple alias names or AKAs, there’s a possibility that criminal records could exist under any previous/other name an applicant might go by.
How Do Alias Names Happen?
What are some common reasons for someone to have an alias name or AKA that they use instead of a birth name?
A lack of clarity remains as NYC restricts the use of AI in hiring
In addition to other bills, some hope that regulation will eventually force software audits and remedy algorithm biases.
How to Legally Reject an Applicant with Adverse Action
Sending the proper letters, notices and copies of reports at the appropriate times is a critical step to keep your company or organization in compliance with FCRA laws.
A new era in drug testing is upon employers in the wake of the pandemic
It is of particular interest to examine pre-employment drug screening for marijuana use, which is subject to ever-changing regulations at all levels of government.
It is predicted that 9 out of 10 companies will be required to return to the workplace by 2023
According to a report from Resume Builder, ninety percent of companies intend to require employees to return to work at least part of the week in 2023. Five percent intend to fire workers who don’t return.
A warning to gig economy providers is issued by the FTC
Since the pandemic, gig work has grown significantly and now makes up a significant fraction of U.S. economic output; the FTC estimates that by 2023, gig work will generate $455 billion in sales.
A look at three COVID-19 related ADA cases by the EEOC
The EEOC rarely files lawsuits due to its own administrative budget. Consequently, employers can gain a sense of how the virus is changing legal landscapes by studying the cases that the agency chose to take on in the past year.