Criminal Background Checks: Evolution Of The EEOC's Updated Guidance

Summary: On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964” (hereinafter “Updated Guidance”) concerning the use of criminal records by employers. The EEOC issued the Updated Guidance “on the heels” of its January 2012 announcement of a $3.1 million settlement with an employer following the EEOC’s finding that […]

By | May 22nd, 2012 ||

Dresdner Kleinwort Bonus Litigation – What It Means For All Employers

A group of former Dresdner Kleinwort bankers recently established the right in the High Court to a share of a bonus pool of €400 million.  Few employers have such largesse to distribute, but the case highlights some important points about discretionary bonuses:

announcing a minimum or guaranteed bonus pool can create a contractual obligation to distribute it;
even if each individual employee’s award from the pool is discretionary and subject to their personal performance, the employer […]

By | May 22nd, 2012 ||

Australia: Are you flying into danger with your workplace investigations?

It is an unfortunate fact of doing business that employers will be required to conduct workplace investigations from time to time. Whether these investigations are conducted internally or outsourced, an employer needs to ensure that the investigative process adopted is robust and ensures that all involved are afforded procedural fairness. This includes ensuring that the process complies with any policies or procedures the employer has in place. Recent decisions of FWA highlight the potential […]

By | May 13th, 2012 ||