Independent contractors would be subject to a ‘totality-of-the-circumstances’ test from the DOL
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by Russ Silvey
1y ago
FLSA’s independent contractor regulations, along with many federal laws under the DOL’s enforcement purview, have been subject to numerous presidential administrations that differed in their approach to the law. During the final days of its administration, the Trump administration published its final independent contractor status rule that included an economic realities test. There was a particular focus on two factors: the degree and nature of control workers had over their work, and their opportunity to make money or lose money. In less than a month after the rule’s unveiling, the incoming B ..read more
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How Do Alias Names Happen?
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by Beth Karapandzich
1y ago
What is an Alias or AKA? An alias name or AKA (“also known as”) is any name an applicant may use instead of a birth name, whether the alias name is legal or casual, such as a nickname. While there are valid reasons for an applicant to utilize alias names, criminals may intentionally go by a different name to hide their true identity which has a criminal history attached. So what are some common reasons for someone to have an alias name? Why Do Names Change? A big myth surrounding an alias name search is that it is only necessary for women due to them changing their name because of marriage or ..read more
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How Alias Names Hide Criminal Records
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by Beth Karapandzich
1y ago
An alias name or AKA (“also known as”) is any name an applicant may use instead of a birth name, whether the alias name is legal or casual, such as a nickname. While there are valid reasons for an applicant to utilize alias names, criminals may intentionally go by a different name to hide their true identity which has a criminal history attached. How Do Alias Names Affect a Criminal Search? You can imagine the implications an applicant having multiple names would have on a background check, especially when it comes to the importance of an accurate criminal history check. There’s a possibility ..read more
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How Do Alias Names Happen? [Infographic]
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by Beth Karapandzich
1y ago
What is an Alias or AKA? An alias name or AKA (“also known as”) is any name an applicant may use instead of a birth name, whether the alias name is legal or casual, such as a nickname. While there are valid reasons for an applicant to utilize alias names, criminals may intentionally go by a different name to hide their true identity which has a criminal history attached. So what are some common reasons for someone to have an alias name? Why Do Names Change? A big myth surrounding an alias name search is that it is only necessary for women due to them changing their name because of marriage or ..read more
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How to Legally Reject an Applicant with Adverse Action
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by Beth Karapandzich
1y ago
Background checks are an essential part of the hiring process and also when recruiting volunteers. Background screening increases the likelihood of finding qualified candidates and ensures that the person you’re bringing onto the team is who they say they are regarding everything from job experience and education level to identity verification and criminal history. But what happens if you decide to turn down a candidate based on the results of the background check report? You can just casually let them know by phone or email and send them on their way, right? If only it were that simple… The N ..read more
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A new era in drug testing is upon employers in the wake of the pandemic
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by Russ Silvey
1y ago
It is of particular interest to examine pre-employment drug screening for marijuana use, which is subject to ever-changing regulations at all levels of government. Amazon said it would end all pre-employment marijuana drug testing on June 1, 2021, replacing it with a similar assessment of alcohol consumption for all jobs outside those subject to federal regulations. As a result of the e-commerce giant’s move, many employment law attorneys predicted a “ripple effect” in compliance due to the division over marijuana legalization at the local and state levels and the need to attract talent, among ..read more
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It is predicted that 9 out of 10 companies will be required to return to the workplace by 2023
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by Russ Silvey
1y ago
As a potential recession looms, employers and workers remain at odds over the return-to-office issue. GM, for example, announced on Sept. 23 that employees had to return to work; after backlash from employees, the company retracted the announcement the following Tuesday, delaying a full return and clarifying its policy. 40% of workers surveyed by Monster said they would quit if forced to work even one day a week in office. A career strategist and job search coach, Stacie Haller, shared on Resume Lab, “I believe some of this is generational. Older managers have prejudices and outdated ideas a ..read more
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A warning to gig economy providers is issued by the FTC
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by Russ Silvey
1y ago
Since the pandemic, gig work has grown significantly and now makes up a significant fraction of U.S. economic output; the FTC estimates that by 2023, gig work will generate $455 billion in sales. Commissioner Rebecca Kelly Slaughter said in a statement that the commission “makes clear of its determination to protect gig workers from unfair conduct” with its statement. “Gig workers deserve to be able to compete for their labor, just as consumers deserve to have competitive markets for purchasing goods and service’s.” she said. “Robust competition for workers’ labor can increase wages, improve b ..read more
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A look at three COVID-19 related ADA cases by the EEOC
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by Russ Silvey
1y ago
The EEOC rarely files lawsuits due to its own administrative budget. Consequently, employers can gain a sense of how the virus is changing legal landscapes by studying the cases that the agency chose to take on in the past year. Case 1: A worker claiming to have been harassed when asked to wear a mask On Sept. 24, 2021, the EEOC filed suit against U.S. Drug Mart, a Texas-based pharmacy (EEOC v. U.S. Drug Mart Inc., No. 3:21-cv-00232 (Sept. 24, 2021)). It is alleged that the pharmacy harassed an employee with asthma and denied his accommodation request to wear a face mark at work, in violation ..read more
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Ban-the-Box Hiring Policy Adopted by Harris County, Texas
True Hire
by Russ Silvey
1y ago
The Fair Chance policy was adopted earlier this year by Harris County, Texas, which is the county that includes a significant percentage of Houston and is the sixth Texas city or county to embrace the “ban-the-box” approach. In recent years, “ban-the-box” policies have gathered support across the country, with more than 37 states and 150 cities and counties adopting ban-the-box policies, including several in Texas. The goal of these policies is to ensure that potential employers are considering a candidate’s abilities and qualifications first, avoiding implicit bias or negative implications as ..read more
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