The EEOC recently held a public meeting to discuss the issue of employer usage of arrest and conviction records in making employment decisions.  This meeting may signal a renewed interest in the issue on the part of the EEOC.  With the easy access to information via the internet, the use of criminal background checks is more prevalent which may be the motivation behind the EEOC's public discussion.  

The general EEOC position is that the use of arrest records and/or convictions to take an adverse action without further consideration of the circumstances involved is inappropriate.  In situations where the arrest/conviction is related to activity tied to the job, the use of an arrest record as the basis for adverse action can be justified by an employer.  Stay tuned for further EEOC activity on this topic.

To see the press release regarding the public meeting click here.  For a summary of the EEOC's existing policy guidance on the use of arrest records click here.

The thirst for revenge is among the strongest of human emotions.  In fact, the innate human desire to “get even” has driven much of the history of the world.  But acting on feelings of revenge can have dire consequences, not only in the world at large, but particularly in the world of employment law.

Employer deductions from employee paychecks are simple and effective ways for an employer to collect money owed to them by an employee.  While an easy means to collect an obligation from an employee, these deductions are also an easy means for an employer to run afoul of the Kansas Wage Payment Act (KWPA) or the Fair Labor Standards Act (FLSA).  So if you plan to make a deduction consider these general thoughts:

1.  Make sure your deduction does not take the employee below minimum wage. 

2.  A deduction for something that is not for the benefit of the employee (and the Kansas Department of Labor has a very restrictive view of this concept) is going to violate the KWPA.

3.  Deductions where the source of the obligation/debt is really a routine business expense of the employer is generally problematic. 

Generally speaking, it is always better for an employer to bill/invoice an employee and receive the payment required directly from the employee rather than making a deduction.  The consequence under the KWPA for making an improper deduction can be a penalty equal to the amount deducted in addition to returning the amount withheld.      

We previously published a summary of the most-significant changes in the law brought about by the Kansas Workers Compensation Reform Act.  For those of you who want to know more details, but are not depraved enough to attempt to read the Act itself (don't be ashamed--I repeatedly tried to read War and Peace but never made it past page six), we offer a more-comprehensive summary prepared by the Kansas Legislative Research Department.  Click here.         

ICE (Immigration and Customs Enforcement) recently announced the start of another large scale effort to conduct I-9 audits across the country.  The most recent announcement indicated ICE would conduct over 1,000 audits in the later part of this summer which is similar to a large wave of audits conducted in February of this year.  This most recent wave signals a continuation of the strong commitment made by President Obama to ensure employers were in compliance with the I-9 requirements.  Employers should expect to see an increasing number of these types of audits as ICE has established a new centralized inspection center to allow for the processing of higher volumes of audits than in the past.  If you haven't done so lately, now would be a good time to self-audit your own I-9 collection to best position your company should you end up on the list of lucky employers being audited.

We are now in the heart of vacation season.  American workers get 13 annual paid vacation days, on average, according to 2010 data.  This is near the bottom of the list of industrialized countries, far behind France (37 days), Germany (35), the United Kingdom (28), Canada (26), and Japan (25).  Further, only 57 percent of Americans even use all of their time off.   

Those of you that have grappled with OSHA recordkeeping requirements fear no more.  OSHA just released a new interactive tool to assist employers with recordkeeping compliance issues.  The tool requires an employer to answer a series of questions about the employee and the particular incident in question.  The process assists the employer in determining whether the injury/incident is recordable under the OSHA regulations.  The press release can be found here and the interactive tool can be found here.

Today marks the one-year anniversary of the Kansas Indoor Clean Air Act.  This law prohibits smoking in most indoor public places and employment places, including within 10 feet of any doorway, open window, or air intake of a building where smoking is prohibited.  If you were in a coma last summer when the law went into effect, or just haven't made the time to get your company into compliance yet, here are the steps you need to take now, according to the Kansas Department of Health and Environment:

1.                  Adopt a written smoking policy to prohibit smoking in all areas of employment and communicate this policy to all current employees and all new employees upon hiring.

2.                  Remove all ashtrays and matches.

3.                  Post a no smoking sign.

4.                  Ask any person violating the law to stop smoking. Remind customers of the law and politely explain they must step outside to smoke. Train your staff regarding what to say to customers, for example: “We’re now smoke-free, you’ll have to put out your cigarette,” or “The new law prohibits smoking indoors.  Thanks for your cooperation.”

5.                  Refuse service to any person who continues to violate the law.

6.                  Ask any person violating the law to leave.

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