THE HR
Resurgence in Recruiting Call for Review of Best Practices
Lately, PMP has observed a considerable uptick in hiring by small and large employers alike. In view of this welcome development, we thought our readers might benefit from a review of best practices in recruiting. Best Practices for Using Social Media in Recruiting The recruiting landscape has, like everything else in this digital age, changed significantly in recent years. The most obvious change has been the emergence of social media as a recruiting tool. Sites and applica
Failing to Contribute to Multiemployer Benefit Fund for "Alter Ego" Company Resulted in Criminal Ind
A husband and wife who owned two businesses in New Hampshire were indicted in September on charges including mail fraud and false ERISA statements. The charges arose, in part, from the couple's failure to make benefit fund contributions in connection with one of the two businesses—despite the fact that the business in question was non-union. The federal court in Massachusetts that heard the case found that the non-union business was the "alter ego" of the couple's other busi
EEOC Issues Final Guidance on Retaliation
The U.S. Equal Employment Opportunity Commission recently issued final Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each of the laws enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination
New ADA Regulations Clarify Definition of Disability
The Department of Justice recently published its Final Rule amending regulations under the Americans with Disabilities Act (ADA) to incorporate changes made to the ADA as a result of the ADA Amendments Act of 2008 (ADAAA). The ADAAA, which went into effect January 1, 2009, was passed by Congress in response to Supreme Court decisions that had narrowly interpreted the ADA's definition of "disability." The ADAA was enacted to ensure that the term would be broadly construed and
"Cat's Paw" Theory of Retaliation: Employers can be held Liable for the Retaliatory Motives of Non-M
When you investigate an employee complaint of sexual harassment, how you conduct the investigation — and the actions you take as a result – matters a great deal. In fact, given a recent case expanding the basis upon which an employer can be held liable for retaliation, it may matter now more than ever. In the case Vasquez v. Express Ambulance Service, Inc., the Second Circuit Court of Appeals held that an employer may be liable for unlawful retaliation if the employer allows
EEOC Pay Data Collection: Get Ready, Here It Comes
On September 29, 2016, the EEOC announced that starting on March 31, 2018, certain employers will be required to submit employee pay data to the agency. The data will be used by the EEOC to combat pay discrimination. The new requirement will apply to private employers, including federal contractors and subcontractors, with 100 or more employees. These employers will be required to report aggregate W-2 income of their employees broken down by sex, race, ethnicity, and job grou
Use of Social Media in the Recruiting and Hiring Process
Social media is ubiquitous in today's world. Chances are, your company has used it in recruiting or candidate screening at one time or another, whether by checking out a candidate's LinkedIn, Facebook or Twitter profile, or by using social media to post a job listing. These methods can help employers access qualified candidates and can provide useful information about applicants. For example, you might learn about a candidate's work experience, communication skills, volunteer
Considering a Job Candidate's Salary History: Soon to Be a Thing of the Past?
When deciding whether to make a job offer to a candidate and, if so, how much to offer in salary, employers commonly ask the candidate for his or her current salary and/or salary history. This has long been an accepted practice. But in one state, Massachusetts, it is now illegal. In August, Massachusetts became the first state to prohibit employers from asking prospective employees about their salary history until after they make a job offer that includes a proposed salary am
Job Posting Do's and Don'ts
Writing a job posting seems like a fairly straightforward task. You describe the position and the qualifications needed, click "post," and wait for the resumes to roll in, right? If only writing job postings were that easy! In reality, crafting a job posting that is effective and targeted, substantive but not overly long, and free of legal snafus is no easy feat. This is especially true at smaller companies, where the person writing the job posting likely does not devote a l
Your Sexual Harassment Policy May Not Be Effective!
Do you believe your company's sexual harassment policies sufficiently insulate the company from liability for harassment? Do you assume that, at the very least, this would be true in the event that an employee is sexually harassed but does not report it? Many HR professionals and employment lawyers would likely agree with you. But a recent Fifth Circuit Court of Appeals decision indicates that employers may not be as secure as they think they are when it comes to unreported s
Exit Interviews: Are You Using Them To Their Full Advantage?
Is your company getting all it can out of exit interviews? Exit interviews can yield gold mines of information for employers. But if not conducted properly, they can be a useless, formulaic exercise that benefits neither the company nor the outgoing employee. The stories of two different employees will help illustrate this. Amy left her job at XYZ Company for a new position because her boss, Mike, was a verbally abusive bully. Amy had never complained about Mike because she f
Employee Handbooks and Employment Agreements: Understanding the Difference
Is your handbook an employment contract? Should it be? Many employee handbooks contain provisions intended to bind employees to certain obligations. For example, handbooks may state that employees are required to maintain the confidentiality of proprietary confidential information. They may also provide that, upon termination of employment, employees are prohibited from soliciting the company's employees or clients for a given period of time. Some handbooks even dictate that
Reminder for NYC Employers: New Commuter Benefits Law Now in Effect
As of July 1, 2016, employers with 20 or more full-time non-union employees in New York City are in danger of incurring penalties if they do not offer commuter benefits. Pursuant to a law that went into effect January 1, 2016, employers covered under the law must allow their employees to use pre-tax earnings for the purpose of paying eligible commuter expenses. A six-month enforcement grace period was in effect until July 1, 2016, but now that that period has expired, the Dep
Parents in the Workplace: Discrimination on the Basis of "Familial Status"
In the classic film "Kramer vs. Kramer," Dustin Hoffman's character, Ted Kramer, loses his high-powered job as an advertising executive. Once the prized protégé of his boss Jim, Ted has fallen out of favor since becoming sole caregiver to his five-year-old son, Billy. His parenting duties have meant no more late evenings at the office, either working or just drinking with Jim. Now Ted has to rush home every evening to tend to Billy. Jim, who has taken to sneeringly calling T
Recourse Under Federal Law for Trade Secret Theft
On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act (DTSA). This legislation will allow employers to sue in federal court to combat misappropriation of trade secrets. Previously, employers had recourse under differing state laws, which varied in their definitions of "trade secrets" as well as in the remedies available. The DTSA will create a uniform standard for addressing trade secret theft, which may prove particularly useful for companies which op
The Transgender Restroom Dilemma: Legal Requirements and Best Practices
This election year has seen the emergence of a controversy that might seem an unlikely subject for a presidential campaign: restrooms, and who uses them. But the question of who should use which restroom is an issue that should be considered not only by politicians, but by employers as well. It is estimated that about 700,000 adults in the United States are transgender, meaning that their gender identity does not match the sex they were assigned at birth. At some point in the
HR Professionals Beware: You May Be Personally Liable for the Unlawful Termination of an Employee!
In a recent decision that may come as a shock to human resources professionals, the Second Circuit Court of Appeals found that an HR director can be held liable for the unlawful termination of an employee under the Family and Medical Leave Act. Yes, you read that correctly: an individual HR director can be found liable, not just the company itself. In the case in question, Graziadio v. Culinary Institute of America, an HR director had allegedly been instrumental in the decis
Looking for Dedicated, Loyal Employees? Hire Veterans!
National Military Appreciation Month, May 2016, includes Loyalty Day (1st), Military Spouse Appreciation Day (6th), VE Day (8th), Armed Forces Day (21th), and Memorial Day (30th). This month we honor, remember, and recognize all military personnel — those men and women who have served throughout our history, including those who have given their lives in defense of the freedoms we all enjoy today. Both during their training and in their active service, members of the armed fo
New Minimum Wage New York
In April, Governor Cuomo signed into law a major increase in the minimum wage paid by New York employers. The wage hike will be implemented incrementally starting at the end of 2016, with different rates of increase applicable depending on the size and location of the business, as follows: For New York City employees working for companies with 11 or more employees: $11 as of 12/31/16 $13 as of 12/31/17 $15 as of 12/31/18 For New York City employees employed by companies with
Office Pools and Workplace Solicitations…Are You Taking a Gamble?
Before you kick back with a box of Thin Mints to watch the next NCAA championship game, you may want to take a moment to consider your company's policies with respect to workplace gambling and solicitation. Sure, that March Madness office pool you're participating in is fun, and those Girl Scout cookies your colleague sold you are tasty, but are these activities legal in the work place? Can employers prohibit them? And should they? Gambling For New York employers, participati
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