Labor and Employment Law

Recent Posts

Would You Rather Hire a Liar or a Criminal?
Posted on 21 Apr 2014 by Jon Hyman

According to a recent survey conducted by background-screening company EmployeeScreenIQ , resume lies are more of a deal breaker for employers than past crimes. Of the 600 HR professionals surveyed 45 percent said that they routinely ding candidates with... Read More

Employers Who Demand Facebook Passwords. Oy Vey.
Posted on 3 Apr 2012 by Margaret (Molly) DiBianca

Employers who require job-seekers to turn over their Facebook passwords remain a mystery to me. Really, what are they thinking? As if the potential negative publicity alone is not enough of a deterrent, you'd think that employers would be aware... Read More

New York City Mayor Signs Law Prohibiting Discrimination in Employment Based on Consumer Credit History
Posted on 10 Jun 2015 by David S. Rich

Effective September 3, 2015, a new statute prohibits most employers in New York City, other than employers in the securities industry, from requesting or using an employee’s or a job applicant’s consumer credit history in making employment... Read More

Virginia Governor McAuliffe Issues 'Ban-The-Box' Order
Posted on 13 Apr 2015 by State Net

After lawmakers failed to come up with their own “ban-the-box” measure this session, Virginia Gov. Terry McAuliffe (D) issued an executive order last week that bars Old Dominion state agencies from asking most job seekers about their criminal... Read More

Foley & Lardner Labor and Employment Law Weekly Update (Week of August 15, 2011)
Posted on 17 Aug 2011 by Foley & Lardner LLP

Recent Developments Highlight Need to Conduct Individualized Analysis of Criminal Background Checks By Larry S. Perlman As pre-employment criminal background checks have become the norm, employers must take care to ensure compliance with federal... Read More

New Federal Law Will Bar Employer Demands For Online Passwords
Posted on 30 Apr 2012 by Eric Meyer

A few weeks ago, as reported here , Maryland became the first state to pass legislation that would ban employers from demanding that employees or job candidates turn over their social media passwords. Could a federal law be soon to follow? Rep... Read More

Accommodating Disabled Job Applicants Is No Game
Posted on 21 Mar 2013 by Jon Hyman

When we think of employers' reasonable accommodation obligations under the ADA, we usually think in terms of accommodating current employees. The ADA, however, equally extends this obligation to job applicants. A recent lawsuit filed by the EEOC... Read More

Social Media Password Privacy in Michigan
Posted on 30 Jan 2013 by John Holmquist

Effective January 1, 2013, the Internet Privacy Protection Act went into effect. The law prohibits employers from requiring employees or applicants to grant access to; to allow observation of; or to disclose information that allows access to personal... Read More

Nepotism Is Not Illegal
Posted on 7 Feb 2012 by Donna Ballman

I probably get at least one inquiry a week from someone absolutely sure that they've been a victim of nepotism. The boss is hiring family members or friends. A family member is promoted even though she's incompetent or inexperienced. Or even... Read More

Social Media Background Checks as Discrimination
Posted on 2 Dec 2013 by Jon Hyman

I’ve long argued that employers take a risk when they use social media to vet job candidates without putting in place sufficient controls to prevent the disclosure of protected EEO information. Now, we have the empirical evidence to back me up.... Read More

The Digital Divide and Disparate Impact
Posted on 7 Feb 2012 by Jon Hyman

According to statistics recently published by Mashable , the digital divide-those who are connected to the Internet versus those who are not-is partially racial. 72% of white homes are connected to the Internet, as compared to only 57% of Hispanic... Read More

Calling for a Balanced Approach to Criminal Background Checks
Posted on 27 Jul 2011 by Jon Hyman

Yesterday, the EEOC continued its series of public meetings examining hiring practices as alleged employment barriers, covering employers' use of arrest and conviction records . According to the EEOC's press release , it is trying to strike... Read More

Employers’ Duty to Help Returning Veterans “Get on the Escalator”
Posted on 3 Nov 2015 by Steptoe & Johnson PLLC

by Mark G. Jeffries The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) is unique among employment laws, in part due to the affirmative obligations it puts on the employer. For example, when an employee returns... Read More

States With Pro-Employee Laws: Ban The Box
Posted on 21 Oct 2014 by Donna Ballman

Or, States That Don't Suck For Employees, Part VI You may have heard the term “ban the box” but not know what it means. These laws generally prevent employers from asking about applicant arrests or convictions at the beginning of the... Read More

Taking the Mystery Out of Bad Hiring Practices
Posted on 27 Jun 2012 by Margaret (Molly) DiBianca

Want some free anti-harassment and anti-discrimination training? Well, have I got a deal for you! Mystery Diners is a reality show on the Food Network. The show's concept involves a father-daughter team who pretend to be employees and/or customers... Read More