Recently, a hospital was sued for negligent hiring after one of its surgical technicians exchanged a vial of saline solution for a vial of painkiller before a surgery was set to commence. The surgical technician was caught and promptly fired, and turned over to law enforcement authorities. However, a subsequent investigation revealed that the surgical technician had a history of drug diversion at his former jobs that had gone undiscovered, despite the fact that the hospital hired a background check company to perform a pre-hire check. What can companies do to minimize the risk of hiring unqualified workers? Below, we outline the reasons employers should consider adopting a pre-employment background check process.Read More
Polsinelli at Work | Labor & Employment Blog
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By: Jay M. Dade
So far in 2018, the U.S. Department of Labor (“DOL”) has issued more than 20 opinion letters navigating the murky waters of the Fair Labor Standards Act (“FLSA” or “Act”). In late-August, the DOL issued several new opinion letters to which employers can refer for guidance when confronted with FLSA questions. Recently, we reviewed two such opinion letters. Here, we review another letter that employers may find helpful when navigating the FLSA.Read More
In a 3-1 decision, the National Labor Relations Board (“NLRB” or “Board”) ruled that E.I. DuPont De Nemours and Company (“DuPont”) did not violate the National Labor Relations Act ( “Act”) by implementing unilateral changes to employee benefits without advance notice because the changes were consistent with annual past practice. (Decision can be found here.)Read More