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Employment NewsFlash
Summer SPF Protection: Three-Step "To Do" List for Employers

June 03, 2013
Client Alert
One key to employee management is anticipating problems before they arise. Reviewing the following employment practices over the summer will enable employers to stay ahead of the trend on these emerging employment-related legal issues.

SPF Protection

Social Media Access
Although social media has been a hot topic for some time, the new legal trend restricts employer access to and use of employee social media profiles in connection with hiring and other employment decisions. New Jersey recently became the latest state to restrict social media access. Implement these five tips to make sure your business is ahead of the curve.

Practical Hiring Procedures
When and how employers inquire into the criminal history of employment applicants remains a constant enforcement issue for regulators and fodder for local lawmakers. Currently more than 50 municipalities have local laws restricting such inquiries, in addition to the legal requirements and new forms under the Federal Fair Credit Reporting Act and state law. Employers should consider implementing these four practices for ensuring their hiring practices meet their business needs without running afoul of the law.

Forced Sick Time Carryover
Until recently, most employers were free to establish their own policies regarding the use and accrual of employee sick days. However, recent state and local laws mandating paid sick time have changed the landscape, even for those employers who already offer paid sick days. For example, many such laws contain specific requirements regarding carryover of unused sick time, even if the employer’s policy already prohibits it. Other provisions of these laws may impact existing policy terms regarding eligibility, accrual, absence tracking, call-in procedures and other administrative issues. New York City recently became the latest major jurisdiction to pass such a law, joining Connecticut, Washington D.C., San Francisco, Seattle and Portland. Other jurisdictions such as Philadelphia have adopted such laws for city contractors. Employers should review these laws carefully to confirm that their existing policies are already in compliance, not only with regard to the amount of sick time offered, but also with regard to the more technical administrative aspects of these laws.

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