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LEGAL UPDATE
Matthew M. Collins, JD
Test Your HR IQ
Let's brush up on labor and employment laws.
O
f the many
HUMAN RESOURCES A familiarity with the laws governing
employee relations can prevent personnel pitfalls.
roles you play
at your facility, human resources
manager might be
the most difficult to
master. Staying current on constantly
changing labor and
employment laws
can be a full-time job
in itself. But you can't afford to neglect your obligations as an employer. Even unintentional and unknowing violations could spark costly
litigation or government investigation. Here are 10 common problem
areas to address.
Employee background checks. Background checks must comply
with the federal Fair Credit Reporting Act. This law requires you
to provide applicants with a written disclosure, and to obtain their consent, before conducting background checks. It also requires you to
provide written notice to the applicant before taking any adverse
action as a result of the check. Make sure you're using FCRA- and
state-law-compliant application forms.
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Pre-employment inquiries and hiring decisions. Numerous laws prohibit asking certain questions and/or relying on certain information obtained through an application, background check or interview
when making a hiring decision. For example, rejecting an applicant due
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