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Employment Law

Home » Employment Law
By Mark Perkins
In Employment Law, Litigation
Posted June 5, 2014

Checklist to Prevent Employer Liability for Improper Background Checks

The following is fully attributed to +Rick Norman for  the excellent outline of the legal issues of properly conducting background check of prospective employees. An employer who hires [...]

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By Mark Perkins
In Employment Law
Posted March 13, 2014

Overbroad Trucking Handbooks May Equal Unfair Labor Practices!

I recently  read  an article by Maxine Neuhauser that I thought you would be interested. At will employment disclaimers in employee handbooks are the norm, but recent decision by [...]

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By Mark Perkins
In Employment Law, Litigation
Posted February 14, 2013

Will Trucking Company “DAC Background Checks” Violate Title VII Because Discriminatory Impact?

I recently posted information on Linked In about the EEOC strategy to pursue claims against  employers using a blanket approach to background checks of criminal history and credit [...]

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By Mark Perkins
In Employment Law
Posted August 23, 2012

Truck Driver as Independent Contractor or Employee in Texas? A Distinction Without a Difference

Like in most other states, under Texas Law, the difference between an independent contractor an employee generally boils down to the right to control the work done by the person. The Texas [...]

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By Mark Perkins
In Employment Law, Litigation
Posted July 12, 2012

Do Federal Laws Preempt State Law Claims Alleging Negligent Hiring, Training, Retention, and Supervision?

The short answer: maybe. There’s no harm in trying. Recently, I read a very interesting article in the Transportation Law Journal by Aubrey Holloway about this issue of  a federal law [...]

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By Mark Perkins
In Employment Law, Litigation
Posted December 29, 2011

Employer NOT Vicariously Liable for Employee Actions

Suppose you have a scenario where an employee injures a patron under circumstances  in which: 1. the employee’s shift had ended and she had clocked out. 2. the employee’s [...]

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