Employer Legal Advocate - Recruiting and Hiring

Supreme Court will decide who's boss

Heather M. Kern — Tue, 27 Nov 2012 08:59:11 -0600

The Supreme Court is considering who is a “supervisor” – a key question, because employers may be liable for workplace harassment by supervisors. We recently advised guests of our annual seminar that the United States Supreme Court would be hearing oral arguments this week in the appeal of Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011). The Supreme Court is expected to decide whether a person without authority to hire, fire, demote, promote, transfer, or discipline individuals is a “supervisor” for Title VII purposes. The decision may expand the scope of potential liability for employers. For more on the arguments heard yesterday by the Supreme Court, visit http://www.reuters.com/article/2012/11/26/us-usa-court-ballstate-harassment-idUSBRE8AP11Y20121126?feedType=RSS.

A trend worth watching - Illinois becomes the second state to prohibit employers from requesting social network passwords

James J. Boutrous, II — Mon, 17 Sep 2012 13:45:39 -0600

As reported in General Counselor just recently, Illinois has now become the second state (Maryland was first), to prohibit employers from requesting that employees or prospective employees provide their “passwords or other related account information” to their social media accounts, such as Facebook. On August 1, 2012, Illinois Governor Pat Quinn signed into law an amendment to Illinois’ Right to Privacy in the Workplace Act, (829 ILCS 55/), providing for this prohibition, which is effective January 1, 2013.

Given this growing legislative trend, employers are well advised to take another look at their social media policies and their hiring and background check practices, to ensure they are compliant with their respective state law. More legislative developments are expected as social media remains a hotly contested arena in the employment law context.

There's still time to register for McDonald Hopkins' Labor and Employment Law Seminar

Lori A. Clary — Mon, 24 Oct 2011 10:27:12 -0600

On November 3, 2011, McDonald Hopkins’ labor and employment law attorneys will present their annual seminar, Life Cycle of the Employment Relationship: The Lay of the Land and How to Navigate It. This all-day seminar will focus on hiring the right talent, protecting your company’s assets through the use of employment agreements, addressing data security issues, managing the employment relationship, and effectively parting ways with employees who are no longer a good fit. A cocktail reception will follow.

Although McDonald Hopkins is pleased to offer this seminar free of charge to our clients and friends, space is limited. To register, click here. We hope to see you there!

Do you know the status of your workers? The right answer is more important than ever.

Lori A. Clary — Thu, 28 Apr 2011 09:50:44 -0600

On April 28, a multi-disciplinary team of McDonald Hopkins lawyers explored the issue of worker classification – and misclassification – and the impact it can have on your business. With perspectives from tax, employee benefits, business law, and labor and employment attorneys, the panelists discussed the various tests used for distinguishing employees from independent contractors as well as potential liability under the Internal Revenue Code, the Employee Retirement and Income Security Act, and the Fair Labor Standards Act, among others. Panelists also offered tips for avoiding some of the most common mistakes found in employment agreements, benefit plans, and other business records.

View the entire webcast here:
http://www.mcdonaldhopkins.com/webcasts/webcast.aspx?id=2yaubUQfCUKtwoVrTCfxbQ

Find out about upcoming programs and webcasts here:
http://www.mcdonaldhopkins.com/nelist.aspx?id=AmsVUS7Ou0OJRoZ1UJhopg