US / The top 5 legal issues currently facing employers

Following XpertHR’s recent launch in the US, legal editor Michael Cardman discusses the changing legal landscape and reveals the top five issues that US employers are facing.

1 Social media

The proliferation of social media poses risks and rewards for employers. Facebook, Twitter and LinkedIn can help employers to spread brand awareness, recruit new employees and stay on top of industry trends. But, if used carelessly, they can result in violations of state and federal laws.

2 Credit checks on employees

Many employers ask job applicants or employees to submit to credit checks, the idea being that workers with bad credit are likely to be less reliable. Federal law allows employers to conduct these credit checks through third parties, as long as employers obtain written consent and comply with the notice requirements of the Fair Credit Reporting Act. However, good credit requirements have been challenged

3 Right-to-work legislation

Since 1947, states have been permitted to enact what are known as “right to work” laws. These laws make union organisation more difficult because they prohibit a union and an employer from reaching an agreement to union membership and financial support in the form of dues as a condition of continuing employment.

4 Leave laws for victims of crime and domestic violence

Employers must comply with leave laws like the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act and state and federal jury duty laws.

5 Discrimination

Discrimination continues to be a big concern for US employers. For example, the number of employment lawsuits filed under one of the most prominent discrimination laws, the Americans With Disabilities Act, has risen by two-thirds over the past four years on record.

Meanwhile, nearly 100,000 employees filed charges with the Equal Employment Opportunity Commission (EEOC), the US agency tasked with enforcing most discrimination laws, in fiscal 2011 – the highest number ever.

Choosen excerpts by Job Market Monitor from

via The top 5 legal issues currently facing US employers – 12/5/2012 – Personnel Today.