The National Law Forum

The Blog of the The National Law Review

Category Archives: Labor & Employment

Employer’s Use of DNA Test to Catch Employee Engaging in Inappropriate Workplace Behavior Violates Federal Law

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If someone continually, yet anonymously, defecated on the floor of your workplace, you’d probably want to use any and all legal means at your disposal to identify and discipline the perpetrator.  Your methods might include surveillance or perhaps some form of forensic or other testing to link the offensive conduct to a specific individual.  You …

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Supreme Court Calls Out the EEOC for Arguing It Alone Can Determine Whether It Followed the Law

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We suggested last year that if you felt paranoid that the federal agencies seemed out to get employers, perhaps it was not paranoia at all. The Equal Employment Opportunity Commission’s (EEOC) spate of recent lawsuits — or at least its apparent haste to sue employers and make examples out of them over such things as …

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LinkedIn, the Fair Credit Reporting Act, and the Real-World Implications of Online Activity

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With the ever-increasing amount of information available on social media, employers should remember to exercise caution when utilizing social media as a part of their Human Resources/ Recruitment related activities. We live in a digital-age, and how people choose to define themselves is often readily showcased on social networking sites. Whether – and how – …

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Reference Searches Through Social Media Do Not Create FCRA Claims

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In their recruitment efforts, many employers will utilize social media to find suitable candidates for job openings. And, often employers will use the social media tools available to perform reference checks and/or verify a candidate’s employment history, experience and education history. Recently in California, a group of individuals challenged these social media background searches by …

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Breaking news: Continued employment is lawful consideration in Wisconsin

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On April 30th,  the Wisconsin Supreme Court ruled that continued at-will employment constitutes lawful consideration to support an otherwise reasonably drafted restrictive covenant agreement signed by a current employee. No additional monetary payments or other consideration is necessary. As employers in Wisconsin are aware, this is an issue that previously was wrought with uncertainty. A …

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