The Supreme Court is weighing in on employment this week—first they filed a decision on the EEOC’s recent business practices, then they agreed to review the FCRA in light of social media profiles and the availability of consumer information online. As these decisions are made and begin to impact employers, KRESS will keep you informed.
The National Law Review: Supreme Court Calls out the EEOC for Arguing It Alone Can Determine Whether It Followed the Law
This is, by far, one of the best governmental developments for employers this year. The author, and the Supreme Court, have been watching the EEOC closely and have noticed a rash of lawsuits against employers. (We’ve noticed that too, Rosebud, New York City, and Freeman all faced the EEOC in court in the past two months.) The Supreme Court this week mandated that the EEOC follow the legal procedures in place to protect employers and help them amend a negative situation rather than head straight for court. More on this in Forbes and U.S. News and World Report.
The National Law Review: Supreme Court to Examine Standing under FCRA
Does an individual have the right to sue a consumer reporting agency if no financial damages have occurred? The Supreme Court has decided to hear the case to determine this aspect of the Fair Credit Reporting Act. Recently, a case was filed against Spokeo for just such a violation, and no decision has been made yet. However, the Consumer Federal Protection Bureau filed an amicus brief in this case, encouraging the court to side with the consumer.
Drug screens after the interview are common practice for many employers. However, as medical marijuana becomes more accepted across the U.S., employers must act carefully to ensure their hiring decisions are in compliance with the law.
BusinessWire: Monthly change in Small Business by Industry [INFOGRAPHIC]
March was a tough month for small business, and, despite small gains, employers are still struggling with incremental revenue losses. In Texas, the still-low gas prices are compounding the problem and have the potential to create a mini-recession.