Let’s say you have a job applicant who meets the qualifications to be an administrative assistant, but a background check finds a 10-year-old conviction for sexual abuse of a child. Are you obligated under law to offer them the job?

That would depend on the type of business. If it were a day care center, you would have a legally defensible reason to reject the applicant, in fact, a responsibility to their clients to not hire the employee. But you would be on shakier ground if the job were in a shoe factory, and it could depend on the state where the factory is located.Employers frequently face similar scenarios to the one mentioned above. On the one hand, federal and state laws may bar employers from rejecting applicants based on convictions unrelated to the job. On the other hand, employers risk being accused of negligence if they hire someone convicted of a crime who subsequently causes job-related problems. The issue has taken on greater urgency given last year’s initiative, Eradicating Racism and Colorism from Employment, by the EEOC. The EEOC said studies have shown that employers make hiring decisions based on convictions, arrests and other factors that “may disparately impact people of color.”

Businesses without an internal HR department should not face these issues alone.  It would be wise for business owners to consult with a Professional Employment Orgranization (PEO) in these matters. Professional Employers help develop hiring policies and are prepared to proactively respond if a potential issue arises.

  The Tennessean recently reported employees of a Nashville car wash company have filed a federal lawsuit against the owners of the company.  The suit alleges the employees weren’t paid for hours spent waiting for dirty cars.  Here’s an excerpt from the article:

The 30-year-old carwash is a West End Avenue institution, attracting hundreds of cars during weeks of sunny weather, including those of Music Row fixtures. Workers named in the suit claim managers clock them in and out frequently but forbid them to leave during off hours.

“You need to be paid from the first task of the day until you finish and for any time that you are asked to stand and twiddle your thumbs,” said Charles Yezbak, the Nashville employment lawyer handling the suit against Shur-Brite. “These guys are clocking people in and out at their whimsy and will.”

Owner William Smith said managers clock workers in and out according to how busy the carwash is, but denied that workers are not free to leave anytime they’re off the clock.

“We don’t hold them,” said Smith, who co-owns Shur-Brite with his brother, Glen Smith.

For the complete article click HERE.

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A growing number of similar lawsuits are being filed around the country, according to an analysis conducted by the Bureau of National Affairs. The number of Fair Labor Standards Act federal lawsuits increased from 2,898 cases in 2003 to about 6,735 cases in 2006.  To ensure your business is in complete compliance with all federal and state employment laws business owners should consider partnering with a Professional Employment Organization.  PEOs will keep you abreast of changing employment regulations and will offer to take over the unwanted payroll and HR obiliations.

  There are volumes of local, state and federal employment laws for businesses to keep up with these days.  For businesses to adequately protect themselves it is essential that they be meticulous about record keeping.  Below is a partial list of checklists, forms and reports that businesses need to retain.

  Applicant Criminal Background
  Applicant Reference Check
  Applicant Screening Evaluations
  Assignment Status Changes
  Assistance Request Forms
  Benefit Applicaitons
  Compensation Records
  Disciplinary Action Records
  Emergency Contact Information
  Employment Applications
  Exit Interview Records
  General Safety Orientation
  Incentive/Bonus Plans
  Investigatory Records
  Leave of Absence
  New Hire Orientation Checklist
  Offer/Acceptance Letters
  Payroll Deduction Authorizations
  Performance Appraisals
  Position Description
  Proof of Employment eligibility
  Safety Meeting Topics
  Tax Withholding Forms
  Training & Development Records
  Vacation/Holiday Requests

If record keeping is not your forte, consider outsourcing this crucial responsibility to a Professional Employment Organization (PEO).

  What do small business owners need to know about sex in the work place? In a word, EVERYTHING! That’s because sexual harassment is a serious Title VII issue that can have disastrous consequences for your business. To simply ignore it is the equivalent of committing entrepreneurial suicide.

You have to take a hard line against sexual harassment before it occurs. Verbally informing your employees about your company’s position on sexual harassment is a good start. But ultimately a written sexual harassment policy is the most effective thing you can do to protect your employees and your business.

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