About Kyle Smith

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So far Kyle Smith has created 17 blog entries.

The ADA and lawful use of prescribed medication by employees

Two recent lawsuits filed by the EEOC should remind employers that the ADA generally protects qualified disabled individuals who legally use prescribed medications: Volvo Group of North America paid $70,000 to settle a suit filed by the EEOC on behalf of an individual who was denied employment after he disclosed during his post-offer physical that [...]

By | 2018-02-13T09:19:59+00:00 February 12th, 2018|Business Ownership|0 Comments

Can directing social media employment ads to a “targeted” audience be illegal discrimination? “We are about to find out.”

Many employers utilize Facebook to advertise open positions. Facebook’s format allows an ad to be directed to users based on a number of criteria, including age groups. A class action lawsuit has been filed in federal court in California alleging that T-Mobile, Amazon, Cox Communications, and other yet unnamed employers engaged in illegal age discrimination [...]

By | 2018-01-05T09:14:07+00:00 January 4th, 2018|Business Ownership, Human Resources|0 Comments

December 14, 2017: A banner day for employers at the NLRB

As you have probably read, the now more employer-friendly NLRB recently overruled its 2015 decision in Browning-Ferris, a case which broadly expanded when two employers could be found to be joint employers of a group of employees under the NLRA. In Hy-Brand Industrial Contractors, the NLRB returned to its prior position that two employers may [...]

By | 2017-12-19T12:04:16+00:00 December 19th, 2017|Business Ownership, Employees, Human Resources|0 Comments

Applicants for employment; Employers; and the dangerous FCRA

If a company requests a credit check or criminal history check on applicants for employment, it must comply with the Fair Credit Reporting Act, “FCRA,” if that information is obtained from a Consumer Reporting Agency. (Any person which for monetary fees regularly engages in the practice of assembling or evaluating consumer credit or other information [...]

By | 2017-10-30T13:02:33+00:00 October 31st, 2017|Business Ownership, Human Resources|0 Comments

A yoga studio gets twisted up with wage and hour law

Corepower Yoga owns and operates yoga studios nationwide. The company had a program entitled “Yoga for Trade,” under which customers worked 2-3 hours a week cleaning and performing other tasks at their studio in exchange for free yoga classes. That program was modified under another called “Studio Experience Team,” with the participants being paid wages [...]

By | 2017-10-18T10:52:30+00:00 October 19th, 2017|Human Resources|0 Comments

If you receive an EEOC charge….Be Careful!

DZNPS employed many electricians at its power station in Waterford, CT. One of them, GM, filed a Charge with the EEOC alleging discrimination on the basis of disability, in that DZNPS failed to accommodate his disability, and terminated his employment. During its investigation, the EEOC requested contact information for approximately 146 individuals who worked, or [...]

By | 2017-10-04T13:58:46+00:00 October 5th, 2017|Human Resources|0 Comments

Unintended Consequences and Your Employee Handbook

The National Labor Relations Board, “NLRB,” could find well-intended rules in your employee handbook to be unlawful. Which of the following handbook rules do you think the NLRB found unlawful? Do not discuss customer or employee information outside of work, including phone numbers and addresses. Be respectful to the company, other employees, customers, partners, and [...]

By | 2017-09-19T15:08:44+00:00 September 20th, 2017|Human Resources|0 Comments

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