A provision in the 2019 National Defense Authorization Act (NDAA) has made it illegal for employers throughout the United States to inquire about a person’s criminal record prior to a conditional offer of employment. Known as the “Fair Chance to Compete for Jobs Act of 2019,” or the “Fair Chance Act” for short, the provision abolishes the section on job applications that requires a person to disclose their criminal history. The measure is aimed at improving the opportunities for those previously convicted of a crime to return to regular society and obtain honest employment. Continue reading “Fair Chance Act Restricts Employers from Asking About Criminal History”
Category: Pre-Hiring Issues
Pre-Hiring Issues explained by New York Employment Lawyer Steven Mitchell Sack
The Scourge of Misclassified Employees
Under federal law, there are two primary kinds of paid workers: employees, and independent contractors. And whether intentionally or accidentally, employers are mixing up the two, to the detriment of their own workers. Being misclassified can have major financial and legal implications to an employee, and it’s important to know what to do if you think you’ve been misclassified. Continue reading “The Scourge of Misclassified Employees”
When Employment Discrimination Gets Sneaky
When people think of employment discrimination, whether based on gender, race, age, sexuality or disability, they usually have a specific picture of what that looks like. They imagine bigoted tirades or inappropriate physical contact, or managers or executives outright declaring their refusal to treat certain kinds of people as equals. That said, with employers now more conscious of lawsuits than ever, discrimination can often take more subtle forms. Continue reading “When Employment Discrimination Gets Sneaky”
Can My Employer Really Look at My Credit History?
When people think about what an employer might examine to evaluate their employees, they think of things like their resume or curriculum vitae, their references, their criminal background check or even how they dress. However, many employers now add an additional step to their employee evaluation process: a credit check. Most people may be surprised to discover an employer can do this, and they’re probably curious as to why. Continue reading “Can My Employer Really Look at My Credit History?”
What You Should Know Before Hiring an Intern
Whether or not an intern is paid is usually a deciding factor in considering hiring one. While many internships are not paid, labor laws usually allow the intern to work for college credit. However, there are restrictions to this exception. An internship must abide by specific criteria in order to be exempt from the Minimum Wage Act and Orders, which outlines New York’s laws regarding pay and overtime. In order to be exempt from this law, an intern cannot be considered an employee and an employment relationship cannot exist between the for-profit business and the intern. It can be determined that an employment relationship does not exist if the relationship meets all of the following criteria:
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Misclassifying Employees as Independent Contractors
Across the country, more employers are hiring individuals on an as-needed basis. This often leads to denying workers benefits such as health insurance, overtime, and sick pay, among others. Hiring employees on an as-needed basis may be a violation of the Fair Labor Standards Act (FLSA). The Department of Labor has set forth a legal test to determine whether or not a worker is considered an employee or a contractor.
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Social Media and the Workplace
You just made a controversial Facebook post about the company you work for forgetting your boss is one of your friends. Can you get reprimanded for what you post on your own personal social network? The laws surrounding social media and the workplace are still developing. The best piece of advice to follow is to always be cautious about what you post, whether you are on your own blog, Facebook, Instagram, or Twitter account. You are responsible for what you post and who sees it, so post restrictively.
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What Employees Should Know About Employer Medical Information Requests
Employees get asked questions from their employers on a day-to-day basis. Some questions are innocent, while other questions may seem a little more personal. Either way, employees are not usually hesitant to answer employer questions, as they assume that any question asked must be necessary for the employer to know. While in many cases this may be true, when it comes to prying into an employee’s medical information, there are laws that protect employees from having to disclose. Continue reading “What Employees Should Know About Employer Medical Information Requests”
Employers Are Not Allowed To Ask About Past Employment Compensation
On October 31, 2017, a law banning New York City employers from “(1) asking job applicants about their compensation history and (2) relying on a job applicant’s compensation history when making a job offer or negotiating an employment contract, unless freely volunteered by the applicant” took effect. Furthermore, the law also prohibits a potential employer from searching public records in order to obtain a person’s past salary history. A potential employer may only inquire about an applicant’s salary and or benefits expectations, but not history. However, if an applicant freely volunteers his or her past salary, an employer is entitled to verify the information. Continue reading “Employers Are Not Allowed To Ask About Past Employment Compensation”
The “Snowflake Test”: Is It Legal?
While it is not uncommon for employers to give assessment tests to potential job candidates, one U.S. company has caught the eye of the media for its unusual vetting tool. Kyle Reyes, Chief Executive Officer of The Silent Partner Marketing, a public relations firm located in Hilliard Mills, Connecticut, created the controversial “snowflake test” as a means of weeding out candidates who don’t fit the company’s culture – specifically, “overly sensitive, liberal candidates that are too easily offended.” However, despite the significant publicity and, in some cases, praise, others have fiercely criticized the assessment and called into question the ethics and legality of it.
