By: Megan J. Muoio, October 31, 2016 On October 25, 2016, the White House issued a “call to action” to states regarding non-compete agreements. The call to action was the result of the White House’s May 2016 analysis of the usage, potential issues, and state responses to the implementation of non-compete agreements by private employers, which was based on a report from the United States Treasury Office of Economic Policy regarding the economic impact of the use of non-compete agreements on the labor market and the U.S. economy…

Share

Paula Lopez, May 12, 2015. On May 6, 2015, Mayor Bill De Blasio signed into law Bill A-261A, which amends the New York City Human Rights Law (NYC HRL) to prohibit employers, labor organizations and employment agencies from conducting credit checks as part of their hiring process and from discriminating against an applicant or employee based on credit history.  Although the new law provides for certain exemptions where employers are permitted to request and rely on credit-related information, the exemptions are limited. Employers with four or more employees…

Share

Nicholas Fortuna, October 1, 2014. Google is making it a high priority to uncover unintended bias at the workplace and in hiring. Unconscious bias in hiring may lead to liability under federal and state employment law. Prevention policies, when properly implemented and followed, will avoid such biases from creeping into the decision making process. If the employer’s hiring policies include listing the qualities sought in a candidate in advance and follow a structured process, it is less likely that the employer will discriminate in hiring, and it is…

Share

Paula Lopez, September 18, 2014. New Jersey has become the sixth state to enact “ban the box” legislation, restricting private employers within its state from inquiring into an applicant’s criminal record during the initial application process.  It is called the “Opportunity to Compete Act” and was signed into law by Governor Christie on August 11, 2014, but does not go into effect until March 1, 2015.  The version of the law that was passed is a compromise between the employers’ interests in making fully-informed hiring decisions and the…

Share

Diana Uhimov, April 17, 2014. Employee misclassification occurs when employers treat workers who should be considered employees as independent contractors or simply do not report them and pay them “off the books”.  The consequences for misclassification may include civil penalties, liability for employment taxes, class action lawsuits for unpaid wages, and even criminal prosecution.  Although engaging an independent contractor may appear to streamline the hiring process for companies upfront, it is critical to ensure that workers are properly classified to prevent audits, investigations and potential lawsuits.  The crackdown…

Share

Paula Lopez, April 2, 2014. Employers are not blind to employees’ use of social media in and out of the workplace and they have a business interest in protecting confidential information, brand/image, employee morale and productivity, and insulating themselves from legal liability. As a result, employers should establish a social media policy regarding their employees’ use of employer-issued devices and their social media activities. Creating a comprehensive social media policy is important. Such a policy should specifically identify permitted and prohibited conduct, without being overly restrictive, and should…

Share