Annual Employment Law Update for California Employers

Posted on February 8, 2012 by Global HR Research

The relationship between Seyfarth Shaw, and Global HR Research, involves a mutual commitment to excellence and innovative services. The Legal information and advice provided by Seyfarth Shaw is unmatched and allows Global HR Research to continually grow in this dynamic industry. Below is a Webinar invitation hosted by our partners Seyfarth Shaw on Wednesday February 29th.

Cost: There is no cost to attend this webinar, registration is required

Webinar
Wednesday, February 29, 2012
  • 1:00 p.m. to 2:30 p.m. Eastern
  • 12:00 p.m. to 1:30 p.m. Central
  • 11:00 a.m. to 12:30 p.m. Mountain
  • 10:00 a.m. to 11:30 a.m. Pacific 

 

In 2011, the California Legislature passed many new laws that will challenge employers in 2012 and beyond. In our first breakfast briefing of 2012, we will summarize the new legislation that will affect employers doing business in California and provide practical solutions for compliance. We will also highlight key case law and regulatory developments of 2011, as well as significant changes we may expect in 2012.

Specific Briefing Topics Include:

New California employment legislation effective January 1, 2012, including changes to laws regarding wage notices; credit checks; pregnancy protections; mandatory benefits; genetic and gender-based discrimination; independent contractors; commission agreements; and more

New regulations expected in 2012, which will affect areas including leaves and reasonable accommodations

Key 2011 court decisions regarding classification of workers as exempt from overtime; California wage laws applying to non-residents; meal periods and rest breaks; arbitration agreements; plus key decisions on retaliation, harassment, and class actions

To register for this webinar click here

If you have any questions, please contact events@seyfarth.com.

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EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012

Posted on February 8, 2012 by Global HR Research

The relationship between Seyfarth Shaw, and Global HR Research, involves a mutual commitment to excellence and innovative services. The Legal information and advice provided by Seyfarth Shaw is unmatched and allows Global HR Research to continually grow in this dynamic industry. Below is a Webinar invitation hosted by our partners Seyfarth Shaw on Tuesday March 6th. 

Cost: There is no cost to attend this webinar – registration is required

Webinar

Webinar

On January 31, Seyfarth Shaw LLP published its new White Paper entitled EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012, a special report that examines 79 major decisions on EEOC cases from 2011, and analyzes key trends in EEOC litigation and what employers can expect in 2012. The report can be downloaded here. On March 6, we will host an interactive webinar that will guide attendees through an analysis of these rulings and trends, and provide clients and friends of the firms with an opportunity to participate in a virtual dialogue with authors Gerald L. Maatman, Jr. and Christopher DeGroff, co-chairs of the firm’s Complex Discrimination Litigation group.

A preview of topics to be discussed include:

  • The EEOC’s commitment to pursue bigger, higher-profile cases.  Large-scale cases were a major theme in 2011, which was the second straight year of a record number of class-like federal court filings. Indeed, for the past five years, the EEOC’s public strategy has been to further its agenda through prosecution of large-scale cases that will attract media attention, with the hope that this brand of class litigation will channel employers’ behavior. 
  • The “mixed bag” of judicial rulings in EEOC cases, range from the employer-friendly to those that sent chills through the employment community.
  • More aggressive systemic investigations. It is virtually certain that employers will see even more aggressive systemic investigations (and related subpoena enforcement actions) in the coming year. With recent wins on the scope of the EEOC’s investigative power, we expect the EEOC to undertake broader and deeper investigations that will help avoid repeat performances of the sanctions the Commission absorbed in 2011 in cases where federal judges called the EEOC to task for not doing its homework. Furthermore, despite the EEOC’s questionable position that it serves as a “neutral” in the investigation stage, its 2012-2016 public strategic plan states that it will pursue “an integrated, holistic approach to enforcement from beginning to end, without separating the investigation and conciliation stage of the EEOC’s work from its litigation stage.”
  • New partnerships and alliances. We foresee the EEOC joining forces with other parties to achieve its objectives. As one example, in November 2011, the EEOC and the OFCCP promised to coordinate their enforcement efforts and share discrimination claim information. We also observed an unprecedented amount of coordination between the EEOC and the private plaintiffs’ class action bar in 2011, and expect that trend to continue into year ahead.
  • The role of ADA claims in the EEOC’s 2012 agenda. Employers also can expect disability discrimination claims to figure significantly in the EEOC’s 2012 agenda. The Commission has stated publicly that enforcing ADA claims is a key goal, and the number of ADA cases in 2011 demonstrates that goal is well on its way to becoming a reality.

 

To learn more, please join us for the webinar (a registration link is provided below), or download a copy of EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012 by clicking here.

To register for this webinar click here

If you have any questions, please contact events@seyfarth.com

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DLSE Revises Wage Notice FAQs– More Bad News for Employers

Posted on February 6, 2012 by Global HR Research

DLSE Revises Wage Notice FAQs– More Bad News for Employers

As of January 1st of this year, the Wage Protection Act requires California employers to provide specified information to all new hires. This new statue gives leverage to the Division of Labor Standards Enforcement, and allows them to require any information that is deemed “material and necessary”.
In the following Management Alert conducted by Dana Howells of Sethfarth Shaw LLP, you will get the latest obligations and templates to help you understand and comply with this Statue.  The information provided harbors up to date information on the California Labor Code Section 2810.5 an FAQ section that has had plenty of controversy. We can assure you that this is a hot topic and one that every California employer should have knowledge of. The full alert is listed below.

Attorney: Dana Howells
Beginning January 1, 2012, the Wage Theft Protection Act (Assembly Bill 469) requires California employers to provide notices to all new hires that include specific information. The new statute authorizes the Division of Labor Standards Enforcement (“DLSE”) to add other required information deemed “material and necessary” to the list of eight items specifically covered in the statute. The new law is summarized in our October 13, 2011 California Labor and Employment Legislation Alert.
On December 29, 2011, the DLSE published a template for employers to use in order to meet their obligations under the Act, which is codified at California Labor Code Section 2810.5. The template, now available on the DLSE’s website in English, Spanish, Chinese, Korean, Vietnamese and Tagalog, raises more questions than it answers regarding an employer’s obligations. www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html
One day after issuing the template, the DLSE released Frequently Asked Questions (FAQs ), then revised the FAQs on January 3. On January 23, 2012, the DLSE extensively revised its FAQs again. www.dir.ca.gov/dlse/FAQs-NoticeToEmployee.html
Although the DLSE template is only a few weeks old, California employers already have found that it is difficult to complete. The January 23 revised FAQs will not make compliance easier.

Concerns Raised By The New FAQs
Current employees. The original December 30th FAQs stated that current employees, not just new hires, should be provided with a 2815.10 notice, although the statute requires notices be given only at time of hire and seven days after a change in the information. The DLSE retracted the earlier view that giving a notice to current employees was required, but in the latest FAQs takes the position that it is “best practice” to give a 2810.5 notice to current employees as well as to new hires.

“Time of Hire” has been made more controversial by the latest FAQs. “The concept does not necessarily depend on the first day of work by the employee but may be sooner where there has been an offer and acceptance of employment establishing an employment relationship.” This is followed by a confusing discussion of unilateral versus bilateral contracts. Cutting through the legalese, employers must provide the notice to new hires “reasonably close in time to the inception of the employment relationship.” This language would seem to make it appropriate to send the notice after all contingencies on a contingent offer are satisfied or to give the notice with other “new hire paperwork” and other forms on the first day of work.

 Signing the Notice. Labor Code 2810.5 nowhere requires the notice to be signed. The FAQs take the position the notice must be signed by both sides. The employee signs to acknowledge receipt only. However, the new FAQ seemingly makes the employer’s signature into something more. “23. Why does an employer representative have to sign an acknowledgment on the notice? A: Employers often consist of various legal entities which are not individuals/persons. The acknowledgment provides assurance that the information on the notice is from the employer and that the employer is providing the information to each employee. This acknowledgment better protects both the employer and employee that the statutory notice is in fact provided as intended by the Legislature. The employer representative may be any person the employer has authorized to sign the acknowledgment.” Employers who have developed 2810.5 forms which are not signed by both parties should modify their forms, at least prospectively, to include an employer signature.

Pay Days. The FAQs opine that the employer need not provide a specific date (month, day, and year) for each pay day. Most employers were probably not planning on listing all pay dates indefinitely. Per the DLSE, “The information provided should be sufficient for an employee to understand when she will be paid.” The DLSE wants to see both the interval (weekly, bi-weekly or semi-monthly) and well as any recurring day of the month or day of the week, as applicable. Examples given in the FAQ include: “1st and 15th of every month; 1st and 2nd Friday of every month, each Friday of every month.”

Rates of Pay. This will be a difficult area for employers who pay multiple pay rates. The notice must include “[t]he rate or rates of pay and basis thereof whether paid by the hour, shift, day, week, salary, piece commission, or otherwise, including any rates for overtime, as applicable.” The Legislature’s inclusion of language referring to “the rate or rates of pay” contemplates that several rates may apply to an employment relationship. Many of the new FAQs are devoted to questions regarding multiple pay rates. One possibility is to create a separate sheet describing the pay rates and attach it.

Benefits Administration. The new FAQs do not tackle one of the toughest issues presented by the DLSE template– how to correctly fill out the overly broad questions aimed at joint employment relationships which sweep in third party benefits administration. If the worksite employer uses any other business or entity to hire employees or administer wages or benefits, the form requires completing two sections, one for the worksite employer and one for the other business. Both sections need not be completed if the only other business is a recruiting service or a payroll processing service. The information that must be provided about “the other business” includes whether the other business is a professional employer organization (PEO), employee leasing company, or a temporary services agency, and requires physical address of main office, mailing address, telephone number, and other names. In some cases, characterizing the relationships according to the DSLE categories may not be a simple matter. Employers have questioned whether the reference to benefits administration by a third party requires information regarding third party administrators, such as a FMLA administrator or an Employee Assistance Program (EAP) provider firm. The DLSE should not be concerned about benefits administration in situations where there is a single employer. Properly completing the form in contingent workforce situations (temporary services, leasing, outsourcing and contracting) should be done with the help of counsel.

Overtime Regular Rate. Overtime may be owed at either time and one-half the regular rate of pay or double the regular rate. The “regular rate” may not be readily calculable because it may include bonuses and commissions and other forms of compensation that vary from pay period to pay period. The DLSE’s revised FAQs acknowledge this difficulty and, while not sufficiently clear, give an example of how to handle variable overtime. “In such cases, it is sufficient that an employer provide the minimal overtime rate based upon a multiplier of 1½ or double times the hourly rate and also indicate that such specified overtime rate is subject to upward adjustment when other specified forms of wages are earned during the applicable pay period.” One problem with this language is that in certain circumstances overtime can adjust either upwards or downwards. The new FAQs state that a variable regular rate is the only time an employer can be inexact about the overtime rate. Bottom line: give the overtime based on a base rate of pay and include a statement about what factors can cause regular rate variations.

Workers Compensation. The DLSE requires insurance carrier’s name, address, telephone number, policy number or, if self-insured (Labor Code 3700), certificate number for consent to self-insure. The new FAQs clarify, however, that a change notice need not be given if only the policy number changes if the employer posts the new policy number. However, if anything else changes, including insurance carrier contact information or a change in carrier, statements in the legislative history indicate that a poster with the correct information does not satisfy the requirement of giving employees a written notice of the change in seven days.

Written vs. Oral Contract. The FAQs address, but do not resolve, how best to complete the DLSE template’s “check the box” question on whether the employment agreement is written or oral. Most employment agreements are a complex mix of written, oral, and implied components. Some employers may be comfortable with checking “written,” others will probably want to indicate a mix of both. Many employers have written at-will agreements, which means the contract is written at least in part. The FAQs opine that the 2810.5 notice will not undercut at-will employment based on a theory that “at-will is compatible with both written and oral agreements.” Most employers will still attempt to avoid any doubt by including an at-will reminder in the 2810.5 notice. The FAQs recognize that an employer may tailor the notice. One suggestion is to modify the DLSE form to reflect that the notice is a written agreement governing pay rates, and to include, if appropriate, an at-will reminder, such as “This notice is a written agreement on rates of pay, and confirms that your employment is at-will, meaning that either you or (the Company) can end the employment relationship at any time, without or without cause or notice.”
There is a possibility that legal challenges may be brought against the DLSE regarding the template and the FAQs. However, unless and until a court clarifies employer obligations under the new Wage Theft Protection Act, employers should consider contacting employment law counsel for individualized advice on how best to comply with the law.

As quality legal partner of Global HR Research, Sethfarth Shaw LLP has proven to stay up to date and in line with all statutory and oral requirements. Here at Global HR Research we pride ourselves in redefining HR and providing a simple yet extraordinary service to our clients.

   About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management and acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and drug and health screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalhrresearch.com or call (800) 790-1205.

Contact:  Shawn Erickson
Phone: 239.274.0048 ext. 114
Email: Serickson@globalhrresearch.com

 

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United States Equal Employment Opportunity Commission Draft Strategic Plan for Fiscal Years 2012-2016

Posted on January 27, 2012 by Global HR Research

The United States Equal Employment Opportunity Commission (“the EEOC”) has now released its Fiscal Years 2012-2016 Strategic Plan (“the Strategic Plan”).  Since 1965, the EEOC has served as the nation’s lead enforcer of employment antidiscrimination laws and chief promoter of equal employment opportunity (EEO). The Strategic Plan establishes a framework for achieving the EEOC’s mission “to stop and remedy unlawful employment discrimination,” so that the nation might soon realize the Commission’s vision of “justice and equality in the workplace.”

 
   To accomplish this mission and achieve this vision in the 21st Century, the EEOC is committed to pursuing the following objectives and outcome goals:

1.   Combat employment discrimination through strategic law enforcement, with the outcome goals of: 1) having a broad impact in reducing employment discrimination at the national and local levels; and 2) remedying discriminatory practices and securing meaningful relief for victims of discrimination;

2.   Prevent employment discrimination through education and outreach, with the outcome goals of: 1) members of the public understand and know how to exercise their right to employment free of discrimination; and 2) employers, unions and employment agencies (covered entities) prevent discrimination and better resolve EEO issues, thereby creating more inclusive workplaces; and

3.   Deliver excellent service through effective systems, updated technology, and a skilled and diverse workforce, with the outcome goal of all interactions with the public being timely, and of high quality, and informative.

   The plan also identifies strategies for achieving each outcome goal and identifies 13 performance measures for gauging the EEOC’s progress as it approaches FY 2016. This plan requires significant changes in the agency’s approach to fulfilling its mission. As a result, during the first 1-2 years of the plan, the agency will establish new baselines so that it can finalize the milestones and targets for its measures. The plan will be updated accordingly in its Annual Performance Plans.While greater resources would likely result in expedited progress, these lean budgetary times require the EEOC to prioritize its objectives and goals and be realistic in identifying strategies and setting measures.

   To look deeper at the commission’s plan, and get a better understanding of how this may affect your company please visit the sources website here.

   About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management & acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and Drug and Health Screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalhrresearch.com or call (800) 790-1205.

   Shawn Erickson
   800-790-1205 ext. 114
   Serickson@globalhrresearch.com

 

Source: “United States Equal Employment Opportunity Commission.” U.S. Equal Employment. N.p., n.d. Web. 27 Jan 2012. <http://www.eeoc.gov/eeoc/plan/strategic_plan_12to16_DRAFT.cfm>.

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Webinar Recording: Employment Law Updates: 2011 Recap & 2012 Predictions

Posted on December 19, 2011 by Global HR Research

Join Global HR Research and Ms. Devata for this informational webinar on the employment law landscape. With the legislative changes passed in 2011 and increased EEOC litigation seen over the past year, it has never been more important to understand the challenges facing employers today and ways to mitigate your risk. Stay ahead of the curve and prepare your company by joining us in this look ahead for employment law.

For podcast please see below:

Webinar Disclosure Statement:
This content provided herein is for informational and educational purposes only and should not be deemed as legal advice or counsel. Please contact the presenter of this webinar for specific questions, comments or concerns pertaining to content or for additional information.

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Global HR Research CEO Featured in HRO Today Article

Posted on December 1, 2011 by Global HR Research
Background Screening: A Snapshot

Magazine Issue: Vol. 10 No. 9 – November 2011
Topics: Screening/Selection,
Cover Story

How the economy has molded the way companies now screen their workforces.

By Debbie Bolla

Ask any HR executive the cost of a bad hire and they will tell you it’s more than loss of money. You also must factor in wasted time, training, and company collateral. That makes the hiring process almost as important as the hiring decision itself.

Aberdeen Group’s recent report, Employee Screening Strategies, notes that companies using employee background screening are 43 percent more likely to improve hiring manager satisfaction. For years, companies have used background screening as an effective way to mitigate risk in the hiring process. In fact, according to HireRight’s 2011 Employment Screening Benchmarking Report, 96 percent of respondents currently conduct employee screening, or have plans to implement a program. But as with so many other things, the economic landscape has had its impact in the way organizations screen.

Being Compliant Counts
The level of regulation at the city, state, and federal level has increased dramatically in the current economy. The job environment and level of unemployment have forced the Equal Employment Opportunity Commission (EEOC) and other regulatory bodies to examine fair hiring practices.

Given that the unemployment level continues to hover around 9 percent, the EEOC is taking steps to review practices that would screen candidates out of the selection process—especially in cases when their prior history has no effect or correlation to their potential job performance.

“The EEOC has increased their examination of hiring practices, exposing employers to a greater risk of discrimination lawsuits,” explains Bill Tate, president of HR Plus, a division of AlliedBarton Security Services. “The EEOC is reviewing hiring decisions that automatically exclude candidates with poor credit or arrest records, even if they didn’t result in a conviction.”

Credit checks are receiving special scrutiny. Running credit reports for employment screening does not include a candidate’s credit score. Rather, it’s a case-by-case analysis, examining anything, such as fraudulent activity, that may have an effect on job performance. Since it often can be deemed subjective and discriminatory, Hawaii, Oregon, Washington, Illinois, Maryland, Connecticut, and California are among the states that have passed legislation to ban the use of employment credit reports, with nearly 20 other states considering legislation. Tate reports that a federal-level effort (HR #3149) is striving to do the same.

The use of criminal records is another hot-button issue. The “Ban the Box” law protects applicants by prohibiting employers from inquiring about criminal background (the “Box” in “Ban the Box” refers to the square next to the question inquiring about previous criminal activity). Massachusetts, New Mexico, Connecticut, and other states participate in this program.

“By virtue of legislation, employers need to make decisions based on merit and not personal history,” says Greg Dubecky, president of Corporate Screening Services. “Past work performance often predicts future work performance.”

Keeping compliant is a serious matter in order to avoid legal action. “Legislation can change so quickly that some HR directors don’t have the means to stay up to date with what’s going on, therefore putting the company at risk,” notes Brandon Phillips, president and CEO of Global HR Research. “Vendors stay abreast on changing legislation and we offer a communication program on changing trends.”

Other providers also help usher in the means of communication for the ever-changing landscape. In fact, HireRight takes to its blog to keep clients informed of updates in legislation.

Screening Contingent Labor
Workforce dynamics have changed appreciably since the start of the recession, with the contingent population growing at a steady rate. The Bureau of Labor Statistics reports that 26 percent of the share of the job recovery was made up by contingent workers. From HireRight’s 2011 Employment Screening Benchmarking Report, 76 percent of respondents are using contingent labor, a 10 percent increase from last year’s survey.

So as temporary workers become a more common solution to fill employment gaps, will companies increase screening them? In many cases these workers have the same access to systems and sensitive data as full-time employees. With that in mind, 27 percent of respondents to HireRight’s survey report that they screen contingent labor, and 48 percent of respondents plan to continue to screen or implement a program.

“More organizations from a risk mitigation perspective are recognizing that these people have access to just as much sensitive information as the full-time employee population,” notes Bill Glenn, vice president, marketing and alliances for TalentWise. “Organizations are getting smarter about the fact that they have to extend their screening program to that contingent labor pool.”

Contingent workers are often placed into a temporary role through a third-party vendor or staffing agency, and sometimes the responsibility of the background screen is placed on them or through an outsourced screening provider.

“There are very few standards when it comes to screening temporary workers,” says Dubecky. “How to screen contingent workers will be under review for a lot of companies in the coming months.”

“We’ve seen a gradual increase over time in the number of companies that have a formal program,” says Rob Pickell, senior vice president of customer solutions at HireRight. “But it is still one of the most significant areas that is open to risk.”

Social Media: Tread Lightly
Using social media for background checks still remains questionable. Organizations fear the legal repercussions if the actions taken are seen as discriminatory or improper.
“Most social media outlets have no fail-safe verification process, and some can be edited by anyone with access to the Internet,” notes Tate. “This puts companies at risk for violating FCRA [Fair Credit Reporting Act] regulations and EEOC guidelines.”

In fact since June of this year, social media is subject to the FCRA. So in executive background screening, Tate warns that organizations need to be careful in how they use social media, since it is in its infancy, and there is little legislation around it.

In terms of the hiring process, social media tends to be more popular for sourcing and recruiting. HireRight’s 2011 Employment Screening Benchmarking Report found that 56 percent use a form of social media to recruit, while only 11 percent use it in background checks.

Will this grow? Says Dubecky, “I think it all depends on whether or not legal determines if a policy is defensible, and whether or not that defense holds up in court. So like everything else in background screening, it has yet to be seen. I think social media screening, while it is interesting, those people that adopted a formal social media screening program are going to be considered early adopters for some time.”

The E-Verify Debate
Examining the eligibility of workers has been a strong trend from the beginning of the Obama administration. The amount of fines and the number of organizations being audited are on the rise. Worksite inspections more than doubled from 1,200 in 2008 to 2,750 in 2010, and fines rose from $675,000 to $7 million in the same time period.
“It is clear that organizations need to know who is making up their workforce, and they are not hiring ineligible workers,” says Glenn.

It has been reported that nearly 300,000 employers use E-Verify, an Internet-based system that businesses tap into to determine the eligibility of potential employees to work in the United States. “Again the economy comes into play,” says Dubecky. “We’ve got tens of millions of people who are out of jobs, and the fear is some of the jobs are going to individuals that aren’t legal workers in the U.S., and E-Verify is a way to mitigate that problem. “

But employment eligibility still remains a topic for debate. California Governor Jerry Brown recently signed the Employment Acceleration Act of 2011, which opposes E-Verify mandates and prohibits cities, counties, and special districts in California from requiring employers to use an electronic employment eligibility verification system (except as required by federal law or as a condition of receiving federal funding). The new law takes effect January 1, 2012.

“There continues to be a gray area on the balancing between an eligible workforce and denying workers in an area where we absolutely need them,” says Glenn. “I think it will continue that decisions enforcing E-Verify will be at the state level.”

Best Practices
With many organizations, even small and mid-sized firms, background screening and drug testing have become commonplace and a regular part of hiring and on-boarding new workers. With that, many employers have shifted the focus toward making their screening programs and practices better—more efficient, more accurate, more flexible, faster, and more appealing to both hiring professionals and applicants. The results shown in the HireRight 2011 Employment Screening Benchmarking Report point to an array of best practices, which can help organizations achieve these goals.

• Commit to an effective screening program. With budgets tight and employers facing the constant challenge of finding and retaining talent, a screening program should be designed to meet organizational objectives in mitigating risk and using the latest technology for speed, efficiency, and a high-quality experience. Every new hire represents not only a possible liability to an organization—in terms of risks of workplace violence, employee theft, and turnover—but also a potential advantage.

• Establish a consistent written standard. Maintaining a clear policy as to who will be checked, what information will be gathered, how it will be collected, and how it will be used helps protect the organization against charges of discrimination. It can also help ensure that key issues of organizational compliance and security are being met.

• Do not settle for criminal checks only. In tight economies, employers may feel that they can only afford to protect against the worst offenses, but applicants often lie about education, employment, and other areas of their background. Organizations should continue to ask the questions they need answered to assure a high-quality hire.

• Be careful of a one-size-fits-all screening program. An approach that applies the same screening criteria to all candidates for all positions may be inappropriate, non-compliant, and could result in increased legal liability. Federal, state, and even local laws and regulations prohibit employers from discriminating against candidates based on race, sex, age, disability, religion, national origin, and other protected characteristics. If the use of particular screening criteria disproportionately excludes individuals of a certain protected category, the criteria could be found to be discriminatory under these laws unless it is “job-related and consistent with business necessity” for the specific position for which a candidate is being considered.

• Have a well-considered social media policy for both sourcing and screening. Employers must walk a fine line between assuring non-discriminatory hiring (which may be questioned if social media is used for screening) and negligent hiring if clearly available information was overlooked.

• Understand and comply with legal responsibilities. Employers must be familiar with their legal responsibilities with regard to screening and testing and ensure that they meet those requirements, particularly with regard to consent, notice, and adverse actions.

• Reassess programs regularly. Laws and regulations regarding screening are constantly changing and technology is moving ahead so rapidly that an “occasional” reassessment may not be sufficient to keep employers compliant and confident in their current policies and procedures.

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GHRR Webinar Covers Employment Law Updates for 2011 and 2012 Predictions

Posted on November 28, 2011 by Global HR Research

Bonita Springs, FL – November 28, 2011– In an effort to keep clients informed about employment law changes and compliance, Global HR Research will offer a FREE webinar on Tuesday, December 13, 2011 from 1:00 PM – 2:00 PM EST.  In this one hour presentation, attorney Pam Devata, an expert on employment law, will discuss the new legislation and navigate recent trends. More specifically, this webinar will highlight the major changes in employment law for 2011 as well as predictions for 2012.

Join Global HR Research and Ms. Devata for this informational webinar on the employment law landscape. With the legislative changes passed in 2011 and increased EEOC litigation seen over the past year, it has never been more important to understand the challenges facing employers today and ways to mitigate your risk. Stay ahead of the curve and prepare your company by joining us in this look ahead for employment law. Register today to confirm your spot!

When: December – 12/13/2011 @ 1:00 PM EST
What: Employment Law Updates: 2011 Recap & 2012 Predictions
Presenter: Pam Devata
Seyfarth Shaw LLP – Partner
CLICK HERE TO REGISTER!

About Pamela Devata:
Ms. Devata is a partner in the Labor and Employment Practice Group of Seyfarth Shaw LLP. She specializes in all aspects of employment defense including counseling, training, and litigation. Ms. Devata’s employment litigation practice includes state and federal court cases involving allegations of sex, race, and national origin discrimination and harassment under Title VII of the Civil Rights Act of 1964 and state laws, allegations of retaliation, allegations of disability discrimination and reasonable accommodation issues under the Americans with Disabilities Act (ADA) and state statutes, allegations of age discrimination under the Age Discrimination in Employment Act (ADEA), allegations of discrimination under the Family Medical Leave Act (FMLA) and wage and hour disputes.

About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management and acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and drug and health screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalhrresearch.com or call (800) 790-1205.

Contact:  Stephanie Albert
Phone: 239.274.0048 ext. 114
Email: salbert@globalhrresearch.com

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Global HR Research Ranked Nationally As Industry Leading Background Screening and Assessment Provider by HRO Today Magazine

Posted on November 15, 2011 by Global HR Research

Bonita Springs, FL – November 15, 2011 – For the second straight year, Global HR Research, a leading provider of talent screening, management and assessment solutions, has been awarded a top ranking in HRO Today Magazine’s 2011 survey of America’s leading background screening and assessment providers.

“It is an honor to be listed once again as a leader among some of the most respected companies in our industry,” said Brandon Phillips, President and CEO of Global HR Research. “GHRR representatives are committed to exceeding the expectations of our clients and the survey results are a testament to the customized solutions and level of service that we have continued to provide.”

HRO Today’s Top Screening and Assessment Provider rankings are obtained through a multi-step process whereby industry providers are identified and anonymous customer survey responses are gathered for each. Respondents are requested to disclose information related to services provided, scope and scale of services as well as the quality and satisfaction of the services. Questions are then statistically weighted and assigned points before a complex algorithm is applied to determine the results.

In 2010, Global HR Research was first listed in the Baker’s Dozen survey results and was ranked number one by HRO Today in the breadth of services category. This year, Global HR Research ranked number seven overall, moving up in the customer service category and maintaining a high rank in breadth of services. This is the second time the Bonita Springs based company has been recognized in 2011, as Global HR Research was also listed in Workforce Management Magazine’s “Hot List” of employment-related screening providers, published in February of this year.

As an HR solutions provider, Global HR Research screens and provides the recruitment technology to place tens of thousands of employees annually via the GlobalHiRe and JobMatcher platforms and boasts a growing roster of clients that range from Fortune 500 companies to small businesses. “We are humbled to receive this prestigious award and realize that our people are the key to our success,” said Phillips. “We feel fortunate to work in partnership with our clients, and value the opportunity to enhance their hiring process and contribute to their success.”

For more information on Global HR Research visit to www.globalhrresearch.com or to access HRO Today Magazine’s press release announcing the Baker’s Dozen recipients click to www.hrotoday.com.

About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management and acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and drug and health screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalhrresearch.com or call (800) 790-1205.

Contact:  Stephanie Albert
Phone: 239.274.0048 ext. 114
Email: salbert@globalhrresearch.com

 

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Global HR Research to Sponsor Best Places to Work in PA 2011 Event

Posted on October 31, 2011 by Global HR Research

BONITA SPRINGS, Fla. – October 31, 2011 – Global HR Research (GHRR), a leading provider of talent screening, management and assessment solutions will be attending and sponsoring the Best Places to Work in PA 2011 Event, December 1st at the Lancaster County Convention Center.

The “Best Places to Work in PA” project is a statewide program managed by the Best Companies Group and this exciting initiative is dedicated to identifying and recognizing Pennsylvania’s best employers. Global HR Research is thrilled to be a part of this event with sponsorship from its Northeast Division located in Harrisburg, PA. Highlighted events include welcome remarks from a representative of the PA Dept. of Community & Economic Development and a heavily anticipated awards presentation.

“We are thrilled to be a part of the Best Places to Work in PA event and are looking forward to meeting the people behind these top ranked companies,” said Brandon Phillips, President and CEO of Global HR Research. “It is a pleasure to support a ceremony that recognizes companies of all sizes as employers of choice,” Phillips added.

Phillips and colleague, Jeff Fagan of Global HR Research, NE, will also present a session the afternoon of December 1st entitled, Finding the Best Employees. A range of HR solutions will be covered, including background screening basics, Work Opportunity Tax Credit services and diagnostic employee assessment tools. Information on the presentation and registration for this session can be found at the Central Penn Business Journal website.

For more information on Best Places to Work in PA 2011 Event, please visit bestplacestoworkinpa.com/.

About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management & acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and Drug and Health Screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalHRresearch.com or call (800) 790-1205. Let Global HR Research Redefine your HR expectations.™

Stephanie Albert
800.790.1205 ext. 114
salbert@globalhrresearch.com

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Webinars November 17th and 22nd Cover Crucial Compliance Updates for Federal Contractors

Posted on October 28, 2011 by Global HR Research

Bonita Springs, FL – October 28, 2011 – In an effort to keep clients educated on vital compliance topics, Global HR Research will offer two FREE webinars in November exclusively for federal contractors. Join us on November 17th and November 22nd as attorneys and industry experts discuss what you need to know to maintain compliance as well as what you can expect for 2012.

OFCCP Audits and Compliance Updates – A Federal Contractor’s Survival Guide
November 17, 2011 @ 1 pm EST
David Fortney, 
Fortney & Scott, LLC
 &
 Jill Smith, 
WorkPlace HR, LLC
Register today to confirm your spot!

The revamped Office of Federal Contract Compliance Program (OFCCP) has announced an aggressive enforcement agenda and new regulations, requiring federal contractors to be fully up to speed on these new developments as the OFCCP embarks on a new round of audits of federal contractors tentatively scheduled to begin by the 1st quarter of 2012. This seminar provides the latest legal and regulatory developments affecting human resources compliance practitioners and in-house employment counsel in these key areas:

* The status of the new audit letter and proposed requirements for federal contractors to provide significant additional data involving your workforce and compensation;
* OFCCP’s evaluation of compensation;
* The status of proposed revisions to regulations addressing federal contractors’ obligations to protected veterans and persons with disabilities, the construction industry and revisions to the sex discrimination guidelines;
* How the OFCCP’s revised Active Case Enforcement (“ACE”) procedures governing audits have been implemented;
* The most recent OFCCP enforcement results, including multi-million dollar settlements, how a single establishment audit yielded a corporate-wide resolution, and more; and
* How OFCCP is assisting in DOL’s stepped up enforcement efforts addressing whether workers are improperly classified as independent contractors rather than employees.

The latest information will be provided by two nationwide experts on counseling and assisting federal contractors in designing and implementing compliant AAP procedures: attorney David Fortney, Esq., co-founder of Fortney & Scott, LLC (www.fortneyscott.com) and Jill Smith, Executive Director of WorkPlace HR, LLC (www.workplacehr.com).

Prevailing Wages (Davis Bacon-Service Contract Act)
November 22, 2011 @ 1 pm EST
Leslie Stout-Tabackman
, Jackson Lewis, LLP – Partner
Register today to confirm your spot!

Are you new to the world of federal prevailing wage laws? Do you already have contracts subject to the Service Contract Act or the Davis-Bacon Act and want to learn more about this crucial area of the law for government contractors?

Did you know that:
* Many projects funded by the American Recovery and Reinvestment Act are subject to these laws?
* A contractor can lose money on a contract if it does not understand how to bid its labor costs on projects covered by prevailing wage laws?
* Contractors subject to the Service Contract Act may have to pay wages and provide benefits under a predecessor contractor’s collective bargaining agreement?
* Violations of these laws can result in debarment from federal contract awards?

Taught by an experienced practitioner, this webinar will provide you with the basics of federal prevailing wage laws, up-to-date information on U.S. Department of Labor investigations and enforcement of these laws, and key contracting and compliance issues.

About Global HR Research
With its international headquarters located in Bonita Springs, Florida, GHRR delivers the most advanced, intuitive and diagnostic technology in the human resource industry to help companies find, select, assess, screen and hire quality candidates. Provided services include, but not limited to: talent management & acquisition, performance engineering and selection assessments, talent and workforce background screening, international background checks and Drug and Health Screenings. Their clients include a growing number of Fortune 500, Fortune 1000 and hundreds of small and medium-sized businesses – including thousands of active users around the globe. For more information about Global HR Research, visit www.globalHRresearch.com or call (800) 790-1205.

Stephanie Albert
800-790-1205 ext. 114
salbert@globalhrresearch.com

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