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Employer Forms Disclosing & Authorizing Background Checks Must Exclude Liability Waivers

Good Reasons Support the Use of Background Checks in the Hiring Process. Many employers run background checks on job applicants before they make an employment offer.  Doing so enables such employers to confirm the truthfulness and accuracy of background information provided by job applicants, such as…
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Big change in Missouri Personal Jurisdiction Law for Non-Missouri Corporations

The Missouri Supreme Court, in a unanimous decision filed on February 28, 2017, held that non-Missouri corporations would not be held subject to the personal general jurisdiction of Missouri courts in civil suits, unless the corporation was organized under Missouri law, had its principal place…
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Rescuing Your Defined Contribution Retirement Plan

A plan sponsor of a preapproved, prototype or volume submitter defined contribution plan, including a profit-sharing, 401(k) or money purchase plan, was required to amend and restate the plan’s governing documents by April 30, 2016. See the article “Deadline Looming for Changes to Your Company’s…
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OSHA Raises Penalties, Adopts Electronic Recordkeeping, and Expands Anti-Retaliation Rules

OSHA Raises Maximum Penalties by 178% The Occupational Safety and Health Administration (“OSHA”) has taken several actions  in recent months that will significantly affect employers for years to come.  First, it revised its Field Operations Manual by raising penalties to adjust for inflation for violations of the…
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EEOC Study of Workplace Harassment Urges Employers to Do More Prevention

Recently, the Equal Employment Opportunity Commission (“EEOC”) issued the results of a study of workplace harassment.  The agency convened a task force to conduct this study in January 2015.  The task force issued a report in June 2016. Task Force Report.  It concluded that since…