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Washington Update: News from the NLRB, EEOC and USCIS

01/15/2008

The New Year often brings a flurry of activity from the many federal government agencies that address employment issues, and 2008 is no exception. We’ve got good news on employers’ control over workplace e-mail, bad news for employers who discriminate and mixed news for those who want to hire foreign workers.

Hiring friends, family not illegal—Unless race factors in

01/01/2008

Technically, favoring friends and family members for jobs and giving them plum assignments isn’t illegal. But if nepotism results in an all or mostly white work force, applicants or employees from other protected categories (e.g., race, gender, national origin) can still sue, claiming illegal discrimination …

All periods of employment count toward FMLA eligibility

01/01/2008

For the purpose of determining FMLA eligibility, all time spent working for an organization counts toward the minimum one year of service the law requires. That’s true even if there was a gap in employment …

Odd applicant makes pre-Hire complaints? Proceed as usual

01/01/2008

Some applicants clearly have chips on their shoulders. Some go as far as to proclaim they think they are being discriminated against before they even have a chance to turn down job offers. As the following case shows, applicants can’t create retaliation cases simply by letting you know they think you are about to discriminate against them …

Warn managers: Don’t promise a rehire call

01/01/2008

Tell supervisors to avoid the encouraging words, “If we have an opening, we’ll give you a call.” They’re well-intentioned but legally dangerous. Tell departing employees you’ll consider them for any openings they’re qualified for if they apply. Then explain how you post job openings and leave the ball in their court …

Tar Heel tickets a political football for Edwards’ campaign

01/01/2008

When Democratic presidential candidate Sen. John Edwards returned to the University of North Carolina (UNC) to establish a poverty think tank in 2005, his salary was a matter of public record. But what the press really wanted to know was how many Tar Heel athletics tickets did he try to get? …

Liability for the negligence of others: a new standard?

01/01/2008

Employers often ask: “Will I be liable if one of my independent contractors injures someone?” The short answer is, “It depends.” A recent case from the North Carolina Court of Appeals adds new considerations to the long answer …

Ensure doctors are fully credentialed for workers’ comp duty

01/01/2008

If you self-insure your workers’ compensation liability or otherwise directly control how your employees go about getting treatment for work-related injuries, make sure the medical professionals involved in your employees’ care are properly licensed and meet all requirements of their licenses. Otherwise, you may face liability for the negligent mistakes of health care practitioners …

For Trenton city employees, live where you work, or else

01/01/2008

In a sign of how heated local politics can become, Frank Weeden, unsuccessful candidate for the Trenton mayor’s office, has filed a complaint with the city concerning the residency status of the police director and the director of communications …

OK to consider intangible qualities when choosing applicants

01/01/2008

When it comes to hiring good employees, you know that experience and education aren’t everything. There’s nothing wrong with considering such “soft” factors as loyalty and reliability when making hiring decisions. Just make sure you don’t consider things such as disability, FMLA absences or other protected characteristics …