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The Complete Payroll Blog

Your steady stream of news, insight and analysis into payroll, tax, human resources and more.

New York State Laws on Employee Background Checks

on May 13, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Human resources
  Businesses are coming to rely on background checks more and more in order to strengthen and streamline their hiring processes. As with all tools, however, background checks need to be used responsibly. In addition to federal guidelines set out by the Equal Employment Opportunity Commission and the Federal Trade Commission, the State of New York has its own specific rules regarding how employers can inquire into and use information about the criminal histories of job applicants.
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Can you make a job offer that's contingent upon a background check?

on May 12, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Human resources
  The short answer: Yes! The slightly less short answer: Not only can you do so, but you absolutely should. Background checks are a common part of hiring these days.
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Red flags on employee background check reports

on May 11, 2018 2:00:00 PM By | Complete Payroll | 0 Comments | Labor law Employees Human resources
  So you have a solid candidate for a job opening you’re hoping to fill. They seem qualified, they did well in their interviews, and you’ve even run a pre-employment background check. But now that you have the background check results in hand, do you know what it is that you’re looking for?
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What's included in a typical background check?

on May 11, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Human resources
   “Background check” is a general term that covers a wide range of investigations into somebody’s history. Depending on who is doing the background check and for what purpose, the nature might be different. For example, landlords might look into rental history and make sure that applicants haven’t been evicted from an apartment before. Lenders probably want to see income and credit history.
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The 3 components of company culture

on May 9, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Employees Human resources
When you belong to an organization, there’s usually a reason, right? Whether the organization is a business, club, or other group, something about it appealed to you, and you chose to associate yourself with it. You personally identified with it and felt like you would fit in, so you joined. Alternatively, you may have considered joining an organization, but decided against it because it didn’t feel like a good fit. Or you joined for a time, but then decided the place wasn’t for you. 
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Employee Handbook: Do's and Don'ts

on May 8, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Employees Human resources
An employee handbook is an important tool for both employees and employers alike. When done correctly, your handbook establishes a clear, mutual understanding between your company and its employees about what is expected from each.  Done incorrectly, and your business could face a potentially expensive lawsuit from a disgruntled employee. Here are a few Do's and Dont's to consider when creating your company's employee handbook. 
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3 exceptions to At-Will employment

on May 7, 2018 2:02:13 PM By | Complete Payroll | 0 Comments | Labor law Employees Human resources
At will employment refers to a common-law rule that the employment relationship may be terminated by the employer or the employee at any time, with or without cause, with or without notice, for any reason (allowed by law) or no reason at all. The intent behind this rule is to allow either the employee or employer to terminate the employment relationship without financial liability to the other. To minimize the risks of wrongful termination claims, every employer needs to understand at least three big exceptions to the employment at-will concept. 
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Exempt employee payroll deductions that are NOT allowed

on May 3, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Payroll Human resources Time and labor
There are very limited circumstances under which an employer is allowed to take a deduction from an exempt employee’s salary, and employers who take a deduction when they shouldn’t risk the employee’s classification. This means an employee who had been classified as exempt could claim that the employer was treating them like an hourly employee by taking the prohibited deduction. The employee could then sue for back pay for all overtime they had worked without additional compensation.
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About the Equal Pay Act and why everyone's focusing on it

on May 2, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Employees Salaries Human resources
The federal Equal Pay Act went into effect in 1963, but it hasn’t brought an end to pay disparities between men and women. Neither have state laws with the same objective. Long story short: the laws weren’t strong enough, and they didn’t account for all the causes of unequal pay. In many cases, it has been possible for an employer to comply with these laws while still giving unequal pay for equal work. 
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FLSA amended to allow tip pooling if no tip credit is taken

on May 1, 2018 7:00:00 AM By | Complete Payroll | 0 Comments | Labor law Employees Payroll Human resources
The rules around tip pooling have been mired in litigation since 2011, when regulations came into effect that forbid tip pooling between employees who customarily receive tips and those who do not. The recently passed federal budget bill has created clarity by amending the Fair Labor Standards Act (FLSA) and eliminating that rule for employers who do not take a tip credit. Since the rule has been eliminated entirely, court decisions interpreting it—such as Oregon Restaurant and Lodging Association, et al v. the U.S. Department of Labor—are irrelevant. 
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The materials and information available at this website and included in this blog are for informational purposes only, are not intended for the purpose of providing legal advice, and may not be relied upon as legal advice.  The employees of Complete Payroll are not licensed attorneys. This information and all of the information contained on this website are provided pursuant to and in compliance with federal and state statutes. It does not encompass other regulations that may exist, including, but not limited to, local ordinances. Complete Payroll makes no representations as to the accuracy, completeness, currentness, suitability, or validity of the information on this website and does not adopt any information contained on this website as its own. All information is provided on an as-is basis.  Please consult an attorney to obtain advice with respect to any particular question or issue.