Archive for the ‘Security’ Category
When the EEOC released its much criticized and confusing April 2012 Enforcement Guidance on employer use of arrest and conviction records in employment, and then effectively stated its intent to use the Guidance to aggressively go after employers for their use of employee background checks as alleged violation of Title VII of the Civil Rights Act of 1964, as observed by the Federal Judge in the “Freeman” case discussed below, “the EEOC…placed many employers in the “Hobson’s choice” of ignoring criminal history and credit background, thus exposing themselves to potential liability for criminal and fraudulent acts committed by employees, on the one hand, or incurring the wrath of the EEOC for having utilized information deemed fundamental by most employers.”
Key Development: Bartenders claimed their employer violated the FLSA by allowing guards to participate in tip pools.
Potential Impact: The definition of employee must be taken into consideration when determining tip-pool participation.
A company’s tip-pool arrangement at its bars that forced bartenders to share tips with guards did not violate the Fair Labor Standards Act because the security staff had sufficient contact with customers to be deemed employees and eligible for tips, a federal district court ruled (Stewart v. CUS Nashville LLC, M.D. Tenn., No. 11-342, 8/8/13).
The Fifth Annual White Paper from Robert Perry is a must-read for owners of contract security companies, as well as Private Equity Groups looking to make investments in this sector.
This White Paper is a comprehensive report that covers topics such as:
1. Defining the Market – Services the typical contract security company offers and the plans for expanding the menu. New insights into the matrix of the “Largest Companies” list.
2. Mergers and Acquisitions in the industry – the most active buyers and the multiples they are paying.
3. News on happenings around the world affecting the contract security industry.
Notifications to employees on health insurance exchanges are due soon, but employers have choices on what to say on those forms.
I received an email inquiry recently from one of my favorite clients, who started by saying, “Just when we thought there would be one requirement that was self-explanatory, we are reminded that nothing PPACA-related is simple.” Maybe the right adage is that nothing related to the Affordable Care Act is as simple as we want it to be. But we may have a solution, at least on notifying employees of coverage options in healthcare exchanges.
In January, the D.C. federal appeals court ruled in the case of NLRB v. Noel Canning that President Obama’s January 2012 recess appointments to the NLRB of Democrats Sharon Block and Richard Griffin and Republican Terence Flynn exceeded the recess appointment power granted to President’s in the Constitution and thus the appointments were invalid. Therefore, the NLRB decision against Noel Canning was made with just two valid members of the five member Board. As three valid Board members are the minimum needed for a quorum to take Board actions and make decisions, then the decision against Noel Canning was too invalid. Since the D.C. Court ruling, in two other similar challenges to NLRB decisions, two other federal appellate courts have also ruled the NLRB recess appointments were unconstitutional and thus NLRB decisions in those cases were invalid. The Supreme Court will take up the Noel Canning case next term and there is a strong possibility that the Court will agree with the Noel decision and thus invalidate the Board’s decisions/rules/appointments requiring a quorum that the Board has made since January 2012. The specter of the mass annulment of Board actions/decisions, despite statements from the Obama Administration and the NLRB that the Board would not be deterred in its mission, has indeed, much to chagrin of Big Labor, caused the Board to adopt a “go slow” approach, especially in area of issuing regulations.
In the current Wi-Fi era, where Internet access is ubiquitous, it seems that we spend most of our time closing pop-ups and deleting spam. But one important issue stands out: How do we keep our children from inadvertently stumbling upon content, topics and Web sites that are not meant for their age group?
Don’t waste your time looking up this term, because it doesn’t exist.
Recently, I was asked if I knew what a Finite State Machine was. I confessed I didn’t know, it got me curious to find out. I was imagining something out of a sci-fi movie, involving artificial intelligence and a battle to save the earth.
This article originally appeared on Bloomberg.com:
The arrests of U.S. Transportation Security Administration employees on charges of accepting bribes from drug-smugglers is escalating calls from Republicans to overhaul an agency under fire for patting down young children and senior citizens.
The following article is from an issue of the Security Letter:
Security guard companies have a duty to screen out applicants with felony convictions. Similarly, some with misdemeanor convictions should also be dropped form consideration. But the surest way to determine if an applicant has a relevant criminal conviction record is through an FBI criminal background check.
On April 25, 2012, the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964.