Labor Letter - June 2012

Fisher Phillips
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In This Issue:

- By The Way, Are You A Criminal? The EEOC’s Version Of “Don’t Ask, Don’t Tell” By Matthew Korn (Columbia)

You’ve probably heard the news by now – the EEOC seems to want all employers to discontinue, or at least significantly curtail, their use of criminal-background checks. The EEOC’s Guidance outlines the agency’s position on criminal-background-check policies, but leaves many important questions unanswered. Understanding that the Guidance is not law, but only the EEOC’s interpretation of the law, you should keep several issues in mind when hiring...

- Are You Enforcing Your Cell Phone Policy? You Do Have One, Don’t You? By Grace Y. Horoupian and Matthew C. Sgnilek (Irvine)

Recently, the National Transportation Safety Board (NTSB) proposed a ban on all cell phone calls and texting while driving. The first ever proposed nationwide ban on driver use of mobile devices while driving certainly has a significant impact on employers given employees’ increasing reliance on mobile devices...

- Did Your DUI Lawyer Draft Your Employee Handbook? By Tillman Coffey (Atlanta)

Of course not. I just wanted to get your attention. The real question is when is the last time you reviewed your employee handbook to ensure, not only that it is legally compliant, but also to ensure that it accurately reflects your current policies and practices? That long, huh? If your handbook (along with your sense of fashion and hairstyle) is stuck in the 80s, 90s or early 2000s, it may be time for an update. An outdated handbook can create potential risks for employers and convert what should be your best friend into your worst enemy...

- Dress For Success, Even In The Summer By Shayna Balch (Phoenix)

Summer officially arrives this month, but in many parts of the country it’s been blazingly hot for weeks. In much of the deep South and the desert Southwest, it’s easy to break a sweat walking from door to door, and the AC in our cars always takes too long to kick in. On the weekends, it’s all about sundresses and bathing suits, but what about Monday through Friday? How hot is too hot? When are you supposed to ditch the hot pants and switch to a more conservative look while still trying to keep your cool?

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