Even seemingly neutral hiring criteria may inadvertently have an adverse effect on a protected group of people. Using credit histories when evaluating applicants for employment has come under the watchful eye of government agencies, because, among other things, it may have a disparate impact on certain minority job applicants. Insurance industry human resources executives should […]
New York State insurance industry executives need to ensure that your Employee Handbooks and other policies are up-to-date with recent legislation mandating new requirements for New York employers. Are Your Anti-harassment Policies Up to Date? Both New York State and New York City enacted more stringent requirements related to sexual harassment prevention and training. While […]
A United States federal court recently found that insurance agents working under independent contractor agreements for a major insurance company were employees for purposes of pursuing pension and other benefits under the Employee Retirement Income Security Act (“ERISA”). The court found that the insurance agents were properly classified as independent contractors. It recognized that the […]
Many employers mishandle workplace disability issues and, acting out of what they believe to be “common sense,” become victims of savvy employment lawyers who exploit the nuances of disability law. Here are common mistakes to avoid. Failure to recognize that an accommodation request was made. A best practice is to have a policy that requires […]
You’re striving to operate as efficiently as possible to increase your company’s profit margin. But then someone in the company steps on a legal landmine and you spend $50,000.00 to win a lawsuit. If you fight and win or lose, you could spend $150,000.00 or more, even on a weak case. You CAN take steps […]
Employment applications – almost every employer in the country uses them. They don’t seem as if they would be a basis for liability, but they do contain a number of minefields of which employers should be aware. A general theme of federal and state laws, regulations, and guidance is that employers should avoid asking an […]
Recently, both New York State (“NYS”) and New York City (“NYC”) have enacted a significant number of new employment and labor laws. The update summarizes the key laws insurance industry employers should be following and the penalties for violations. While NY is a leader in this area of progressive employment practices, neighboring states have similar […]
A common question that often arises when hiring new employees is whether to use an offer letter or an employment agreement. Both the offer letter and employment agreement serve the same basic purpose – to memorialize in writing the terms and conditions of employment. But each also serves additional purposes and understanding the differences will […]
Just as employers and HR professionals were beginning to get comfortable with the parameters of the old Form I-9, U.S. Citizenship and Immigration Services (USCIS) rolled out a new I-9, which must now be used. The new Form I-9 Employment Eligibility Verification is in two versions a “smart” PDF version (which is called “Form I-9”) and a […]
This has become an increasingly important question since surveys reveal that more than half of employers inquire into a prospective employee’s online social media activity during the hiring process. The insurance industry is no exception. However, there are a number of pitfalls involved in such screening. The major ones are: Pitfall No. 1: Only Performing […]
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