Archive | September 2009

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Social Media and the Workplace

Last week, I was fortunate to have an opportunity to speak with the Jacksonville Chapter of the American Marketing Association about the legal implications that Web 2.0 has created for employers.  I often receive questions concerning potential legal liability from employers who are trying to discover how to best utilize the emerging forms of social media […]

Direct Evidence of Unlawful Discrimination Found by Following Affirmative Action Plan

On September 3, 2009, the Eighth Circuit Court of Appeals ruled in Humphries v. Pulaski County Special School District in favor of a white elementary school counselor that alleged she was denied eight promotions to assistant principal positions during a seven-year period due to the district’s affirmative action plan.  In its ruling, the Court joined the […]

Be Careful! The FTC is Going After Employers That Fail to Provide FCRA-Required Notice!

On August 11, 2009, the FTC filed complaints in federal court against two companies alleging that they were contracting with an outside consumer reporting agency to conduct background checks that included criminal record reviews without providing the applicant or employee with proper notice.   The complaints in United States v. Quality Terminal Servs. LLC, No. 09cv01853-CMA-BNB (D. Colo. […]

IRS Tips on Employee v. Contractor Determination

On August 21, 2009, the IRS provided the top 10 things every employer should know about hiring people as independent contractors versus hiring them as employees.  The determination of whether an individual that is working for a business is an independent contractor or an employee influences the amount of tax paid by the business pays […]

Can There Be Limits to Leave Policies?

Long-term leaves of absence associated with medical conditions or disabilities have confused employers for years.  Often, an employer chooses not to formally terminate an employee that has been gone for a very long time for fear they will be subject claims of retaliation under the FMLA, ADA, or state workers’ compensation statute.  As a result, […]