Employment Background Checks: Legal Considerations

In a down economy where unemployment is a source of significant frustration to many, background checks are another cause of growing concern for job seekers. These checks often include a comprehensive review of finances, including bankruptcies, financial black marks, and other personal information that doesn’t seem necessary to determine an applicant’s ability to perform the… Read more »

Social Media and the Law: Spring 2011 Roundup

For your reference, here is a roundup of recent legal updates covering developments at the intersection of Social Media and the Law. You should know: – Facebook v. Ceglia: Facebook’s May 26, 2011 ‘Answer and Affirmative Defenses’  On May 26, 2011, Facebook Inc. filed a response in United States District Court (Buffalo, New York) in… Read more »

Medical Marijuana in the Workplace: What Lawyers Are Saying

“Medical-marijuana laws present employers with a unique dilemma regarding how they handle employees or applicants who test positive for illegal drug use as compared to how they handle persons who test positive for prescribed painkillers or other drugs. Given the status of medical marijuana, employers in various industries who conduct drug and alcohol tests may… Read more »

Who is Liable? Workplace Discrimination, Cat’s Paw Theory, and SCOTUS

“On March 1, 2011, the U.S. Supreme Court held that an employer may be liable for the discriminatory motives of a supervisor who influences but does not make the ultimate employment decision. The Court’s ruling will impact employment discrimination claims where multiple individuals are claimed to have made, caused, or influenced the ultimate employment decision…”… Read more »

Doc of the Day: When Are Background Checks Discriminatory?

From law firm Warner Norcross Judd, legal analysis of the question – When are background check discriminatory: “With the economy in disarray, employers increasingly are using criminal background checks and credit reports to narrow their application pools. Approximately three out of four U.S. businesses perform background checks, both criminal checks and credit reports, as part… Read more »

IP Law & Business: Legal Reading List – Feb 2011

For your reference, here’s a reading list of legal updates covering IP Law and Business matters, recently published on JD Supra: – Trademark Owners Beware…Of Unofficial Trademark Registers and Domain Name Solicitations from China and Hong Kong by Mintz Levin: “Entry of your trademark information into the ‘registers’ of these ‘wannabe’ trademark registration companies has… Read more »

Employee Handbooks: 7 Tips to Getting Yours Done

“Every employee receives the same information about the rules of the workplace; employees know what is expected from them and what they can expect from the business. Having an employee handbook also may get offer legal protection if an employee later files an employment claim against the business…” Culled from lawyers and law firms writing… Read more »