As claims for negligent hiring and other claims increased in the 1970s, employers starting using various forms of background screening to vet employees and reduce exposure to risks. By 2017, according to a national survey commissioned by the National Association of Professional Background Screeners, workplace security is more important than ever. Nearly all employers surveyed (96 %) conduct some type of employment background screening.
We see the concern rising as well. Nearly every day, the attorneys on the HR Solutions Hotline (ABRC clients get to call or email with their toughest employment law questions) receive inquiries about background screening. Should we screen? What about “gig” contractors? Can we search Facebook? What do we do if we come across something concerning?
We answer these questions for our clients, and have written several articles to help our readers as well. Do you need a cheat-sheet? Here you go:
Heather offers practical guidance and helps employers find solutions to employment law and compliance matters.
Heather educates and advises employers on all aspects of employment law, including compliance with state and federal laws, leaves of absence, discrimination, harassment, accommodations, discipline and discharge, wage and hour obligations, unfair competition, and other issues that arise in the workplace. In addition to Heather’s employment counseling, her background includes nearly a decade of litigation experience. Her prior experience includes litigating for a regional insurance company, business disputes, and employment.
During the White House’s Summit on Working Families on June 24, 2014, President Obama indicated he was signing a presidential memorandum requiring every federal agency to address flexible work schedules and give employees the right to request such schedules. Absent what could be a dramatic increase in workplace flexibility for federal employees, it is undeniable that the demand for flexibility and work-life balance is on the rise.
When the U.S. Department of Labor (DOL) comes knocking, you may want to scream “why me?” Herein lies part of the problem. With a significant increase in audits and civil investigations over recent years, the more appropriate question is “why not me?” Rather than cross your fingers and hope for the best, it’s time to be proactive and prepare your organization for a DOL audit.
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