Background checks are becoming a staple of our industry. These checks are a great selling point for clients; they’re also great for reducing your own risk and legal liability. However, background checks can be a legal liability unto themselves.
Legal Issues in Employment Law
Keep up with the changes in legal issues. Employment law is constantly changing, especially in the areas of hiring, management, health care and terminations.
Retaliatory firings, an OSHA deadline and the horseplay doctrine, all in this month’s legal roundup.
One of the January business activities that tends to draw the least enthusiasm is the checking and potential changing of the posters that employers are required to display by federal and state governments.
Small businesses, including many of your clients, are excluded from FMLA regulations. However, most staffing firms are subject to FMLA, which can make for some unusual circumstances.
On June 22, 2010, the US Department of Labor clarified the definition of a “son or daughter” under the Family and Medical Leave Act (FMLA). The FMLA, which applies to companies who have more than 50 employees within a 75 mile radius allows eligible workers to take up to 12 weeks of unpaid leave during any 12 month period to care for a child, spouse, parent or for themselves.
As the economy shows signs of recovery many staffing firms either are required by certain clients or routinely utilize background checks as part of the hiring process, and engage the service of third parties, such as consumer reporting agencies, to gather background information, including criminal history reports.