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The HR I.Q. Test: May ’10

05/12/2010
Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

New worry: RICO charges for hiring illegals

05/11/2010
The immigration landscape keeps changing, and employers must keep up. And now you also have to worry about employees who claim you hired illegal workers as a way to cut labor costs and therefore put legal workers at a competitive disadvantage. Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations.

Sen. Brown sponsors bill to end employee misclassification

05/11/2010
U.S. Sen. Sherrod Brown (D-Ohio) is joining the U.S. Department of Labor and the IRS in going after employers that improperly classify workers as independent contractors. Brown is tackling the issue from the legislative side, co-sponsoring the Employee Misclassification Prevention Act (EMPA).

How to comply with DOT’s new workplace drug-testing regulations

05/11/2010
The U.S. Department of Transportation has proposed new drug-screening procedures for employees who operate vehicles as part of their work. Some of the covered jobs: airline pilot, train engineer, mechanic and anyone with a commercial driver’s license. Private employers that test other workers should consider adopting the standard.

New York labor union membership fell in 2009

05/11/2010

According to the latest numbers from the Bureau of Labor Statistics, New York lost 10,000 union jobs in 2009, but greater contraction in the rest of the state’s economy actually raised the percentage of New Yorkers who belong to a union. Private- and public-sector union jobs in New York fell from 2,029,000 in 2008 to 2,019,000 in 2009.

Creating a drug-free workplace: How to draft a policy, conduct legal tests

05/11/2010

It’s in your best interest to detect employee drug abuse early and root it out immediately. But that’s easier said than done. Keeping your workplace drug-free means knowing how to spot the problem and effectively respond to it—without violating employees’ legal rights and creating legal liability.

12 manager mistakes that spark lawsuits

05/11/2010

Most lawsuits against employers don’t start with some outrageous injustice. More often, a simple management mistake or a perceived slight starts the snowball of discontent rolling downhill toward the courtroom. Here are 12 of the biggest mistakes managers make. They can all lead to litigation—and kill your credibility in court.

Inside job: Positions increasingly filled from within

05/07/2010
More than half (51%) of employers said they filled open positions last year with internal transfers and promotions. Just one year earlier, only 39% of respondents had filled positions with insiders, according to a new survey by CareerXroads.

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Fair Credit Reporting Act doesn’t apply to complaints that lead to firing

05/06/2010
If you decide not to hire an applicant based on a background check, the applicant has a right to see the information the reporting agency provided. But what about complaints from customers or clients that become the basis for termination? Do those complaints have to be disclosed to the fired employee? Not according to a recent 5th Circuit Court of Appeals decision.