New EEOC Rules Address When an Employer Can Rely on a Criminal Background Check in Making a Hiring Decision

The Equal Employment Opportunity Commission (“EEOC”) has finally issued long-awaited guidelines for employers who wish to use the results of a criminal background check to make hiring decisions.  The guidelines are lengthy and convoluted, but some themes are clear. Before discussing the themes in the guidelines, it is important to understand why the EEOC cares […]

NLRB Suspends Posting Requirement Indefinitely

The National Labor Relations Board previously implemented a requirement that all employers – including non-union shops – must post a document advising employees of certain rights no later than April 30, 2012.  As a result of challenges to the posting requirement that are pending in the District of Columbia Circuit Court of Appeals as well […]

What Are The Rules For Using Interns?

This is the time of year when students looking to explore a career interest or to gain experience are applying for unpaid summer internships.  As employers consider “hiring” interns, they should bear certain rules in mind in order to avoid running into problems with the U.S. Department of Labor or the IRS. It is easy […]

What to Expect from an Exit Interview

Employers should (but often don’t) conduct an exit interview every time an employee leaves – regardless of whether the employee has resigned voluntarily or been terminated involuntarily.  The exit interview can be beneficial for employer and employee alike, as is discussed below. Here is a list of what should occur at an exit interview, with […]

Update on the Confusing Changes to Georgia’s Restrictive Covenants Law (Covenants Not to Compete, Not to Solicit Customers, Not to Solicit Employees and Not to Disclose Confidential Information)

Georgia has had a great deal of activity in the past few years regarding its laws governing restrictive covenants in employment agreements.   The result has been a great deal of uncertainty, even though (ironically) the stated reason for much of the activity was to provide certainty.  Here is a summary of what has happened to […]

EEOC Experiences Record Number of Charges for FY 2011

The EEOC has reported that it received 99,922 charges during FY 2011.  Of these, the largest number were claims of retaliation.  Indeed, the trend seems to be that retaliation claims will be pursued even when the underlying discrimination claim seems to have no merit.  Of the remaining claims filed in FY 2011, 35% alleged race […]