Human Resources

Does New York law require notice to the employee in order to have a consumer reporting agency conduct a background check in connection with the employee’s misconduct?

The NY FCRA sets forth notice and authorization requirements for investigative consumer reports as shown in “https://law.justia.com/codes/new-york/2017/gbs/article-25/380-c/” NY Gen Bus L § 380-C. However, this section is silent on the issue of employee misconduct investigations and we found no  language in NY FCRA law that is analogous to the federal FCRA exemption …

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Arrest record but no charges

Typically, an arrest record will show the date, arresting agency, and the subject’s name (and other identifiers such as DOB and address), without specifying the charge or charges. The reason for this is twofold: (1) until the district attorney (“DA”) files a criminal case, there are no charges; and (2) …

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Civil Cases and Garnishees

A common occurrence when searching civil case records for a company is to locate a record that identifies the company’s role in the case as a “garnishee.” What’s a garnishee and should these cases be included in background reports? A garnishee can be any company (or person) who holds property …

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Legal considerations when recruiting, hiring out-of-state WFH employees

Since the COVID-19 pandemic, employees working from home (WFH) have created a host of new wrinkles for employers, many of which are still being ironed out. For employees, the WFH option can be safer (less chances of contracting COVID) and easier (no more commute); for employers, WFH reduces the cost …

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EEOC Updates Guidance on Workplace Vaccinations

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance and FAQs on workplace COVID-19 vaccination policies on May 28, stating that employers may request proof of vaccination status and offer incentives to encourage employees to receive the vaccine.Requesting proof that employees received a vaccination on their own is not a disability-related inquiry …

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Visionaries v. Leaders: Who Does Your Organization Need Most?

Visionaries v. Leaders: Who Does Your Organization Need Most?

Is there a difference between a visionary and a leader in an organization? If you posed the question to a C-suite professional who’s led by a so-called “visionary leader,” they might say that a visionary and a leader are one in the same; any individual can exhibit both qualities. While …

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Change Readiness for Individuals

Change Readiness for Individuals

Change is an inevitable part of life, especially now as it’s accelerating to a never-before-seen rate. With this in mind, even if we don’t catalyze change ourselves, we’re bound to get swept up in its wake at some point. So, rather than being caught off guard when this occurs, it’s …

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When a Crisis Becomes an Opportunity

The First Important Steps to Navigating Ambiguity

“When written in Chinese, the word crisis is composed of two characters—one represents danger, and the other represents opportunity.”  – John F. Kennedy In times of great uncertainty, the first impulse is to be cautious. Yet, history has shown that those who follow through on new and bold ideas can …

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The Executive’s Guide to Succession Planning

The Executive's Guide to Succession Planning

“A clear vision, backed by definite plans, gives you a tremendous feeling of confidence and personal power.” – Brian Tracy From Brian Tracy to Tony Robbins to Napoleon Hill, nearly every great personal-development coach will tell you that the most successful individuals rise in life due to their outstanding propensity …

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