Q: Can I use electronic signatures for consents to background checks under the Fair Credit Reporting Act?
A: Yes, the FCC issued an opinion in 2001, determining that the FCRA requirements to obtain written consent can be...more
Q: If I am designating an employee as a key employee under the FMLA, can I just fire them on the first day of leave?
A: No, the FMLA allows key employee designation (exempt, top 10% of earners), but it only allows denial...more
Q: What can I ask about in a pre-employment physical?
A: The ADA requires that any substantive health inquiry happen post contingent offer. You are limited to items that are relevant to job performance....more
Q: In a world where you can get measles at Disney World, can I ask my employees if they have been vaccinated?
A: This inquiry is generally part of a pre-employment physical for certain occupations or industries, such as...more
Q: Can I require that my employee get vaccinated?
A: This question most frequently comes up in relationship to the flu vaccine but, with the national focus on measles, this question has also been asked more broadly...more
Waterloo has enacted Iowa’s first “Ban the Box” regulation and has also enacted rules as to how criminal records may be used even after the application process.
The “box” is a question on the application about prior...more
Q: We recently terminated an employee and are paying severance for several weeks; however, the employee has a garnishment. Does it come out of the severance payments?...more
Age discrimination is a significant issue nationally, including within the state of Iowa. AARP surveys report that nearly two-thirds of workers age 55-64 say their age was a barrier to getting a job....more
Many employers faced with an employment termination decision look for the simplest process for termination, one that causes the least hardship for the employee and mitigates the most litigation risk for the employer....more
There are some amazing opening lines in literature, “Call me Ishmael,” in Moby Dick, and “It was the best of times, it was the worst of times,” in A Tale of Two Cities. But, “you’re fired,” while memorable, isn’t quite as...more
In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more
8/31/2017
/ Employee Privacy Rights ,
Employer Liability Issues ,
FERPA ,
Hiring & Firing ,
Public Employees ,
Public Employers ,
Public Records ,
Resignation ,
Settlement Agreements ,
Severance Agreements ,
Termination
Is it okay if the employee resigns? Odd question, right? Almost every employer would pretty much jump for joy if a problem employee decided to voluntarily resign instead of the dreaded termination discussion....more
Many of us like to chat. We like to know what you’re reading, how your kid’s baseball season is going, and what kind of pie you like, but while hostesses love you at a cocktail party, chatting can lead to trouble, especially...more
There are currently more than 1 billion websites accessible to the world by just the click of a mouse or the swipe of a phone screen. The Internet has become a major part of more than 3 billion active users everyday lives,...more
7/29/2016
/ Anti-Discrimination Policies ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Opportunities ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Minors ,
Online Advertisements ,
Recordkeeping Requirements ,
Websites
The area of providing a reference for prior employees can be a mine field for employers. There is a wide array of conflicting requirements, thought processes and goals whenever we talk about references. Give a bad reference...more
HIPAA addresses a wide array of issues relating to medical privacy. It now also addresses if your momma’s ugly and that might be passed on to you. In addition to privacy and security the HIPAA Omnibus regulations also...more