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Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion to consider criminal records relative to employment decisions.1 The EEOC was scheduled to release at the same time its updated guidance concerning the use of credit history information, but at the last minute decided (without explanation) not to do so. Even before April 2012, however, the EEOC filed lawsuits against a handful of employers, including Kaplan Higher Education Corporation (Kaplan), for allegedly violating Title VII by relying on criminal and credit records.

Arbitration Clause Survives Termination of Contractor Agreement, Federal Court Rules

An arbitration clause survived the termination of the underlying agreement even though the clause was not specifically referenced in the agreement’s survival clause, the U.S. Court of Appeals for the Sixth Circuit, in Cincinnati, has ruled in a case of first impression among the federal circuit courts. Huffman et al. v. Hilltop Cos., LLC, No. 13-3938 (6th Cir. Mar. 27, 2014). Relying on the strong federal policy favoring arbitration, the Court concluded the parties’ omission of the arbitration clause from the survival clause did not imply the arbitration clause had no post-termination effect. The Court reversed the district court’s denial of arbitration. The Sixth Circuit has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee.

Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies

David Dubberly was recently featured in Midlandsbiz for his article on Supreme Court Expands Sarbanes-Oxley Whistleblower Protection to Employees of Private Companies.

Is It Time to Reconsider Your Personal Email Policy?

The Heartbleed Internet-security flaw has compromised the security of an unknown number of web servers. This is just one story in a string of recent headlines involving the vulnerability of the Internet sites. But consumers aren’t the only ones affected. The companies whose websites have been attacked are employers, after all.

US and Mexico Sign Agreement to Compliance of Employment Laws to Protect Migrant Workers

The Secretary of the U.S. Department of Labor (DOL) and the Secretariat of Labor and Social Welfare of Mexico (STPS) signed an agreement on April 3, 2014, to strengthen the relationship between both nations and promote compliance of the labor laws of both countries, especially as it relates to the protection of migrant workers. Through this joint effort, both governments seek to ensure that migrant workers become more knowledgeable of their legal rights, as well as of the employer’s obligations.

Who needs HR? We all do.

An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The Hiring Advantage of High-status Firms

I have discovered that our [MBA] students talk about becoming an ‘MBB.’ That’s [a reference to] ‘McKinsey Bain BCG’, the three highest-status consulting firms,” says Wharton management professor Matthew Bidwell, co-author of a recent paper titled, “I Used to Work at Goldman Sachs! How Firms Benefit From Organizational Status in the Market for Human Capital.”

Hong Kong: Embracing The Best of the East, and The Best of the West

In continuation of my article on Globalizing in Hong Kong in December 2013, let's discuss some of the practical implications and recent developments in Hong Kong's employment arena. Hong Kong is not just a pivotal financial center of Greater Asia with soaring towers and enigmatic business opportunities; it also embraces traditions and honors family-oriented values.

Drug/alcohol testing clearinghouse for truck drivers speeds toward adoption

Motor carriers have always taken drug abuse seriously, but they have even more reason to do so now. The Federal Motor Carrier Safety Administration has released proposed regulations that would create a drug and alcohol testing clearinghouse for interstate truck and bus drivers.

Employee Background Checks: The First Step Before Determining Wages

In past Franczek Radelet Alerts and webinars, my colleagues and I have talked at length about the potential pitfalls for employers of background checks and the changes that the advent of the Consumer Financial Protection Bureau (CFPB) and the resulting reorganization at the FTC meant for employers. Yes, I know, this is a wage and hour-focused blog, but before you can tackle wage and hour issues, you have to hire employees! Many employers who do background checks have not given much thought to what (if any) documentation they collect from applicants or employees before running them, so with hiring season upon us for many seasonal industries, now is a good time for a reminder about this “pre wage and hour” issue.
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