Washington Labor Law Blog: Insights on the Law for Washington Employers

Monthly Archives: April 2011

Tips for Using Social-Networking Sites to Screen Applicants

Molly DiBianca recently wrote a helpful 3-part series on The Delaware Employment Law Blog regarding tips for employers to follow when using Facebook or other social-networking sites to screen applicants.  Here are a few of her key suggestions:

  • Do not try to gain access to an applicant’s profile directly through tactics such as asking a friend of the applicant to show you the applicant’s profile.
  • Develop a written checklist of key things to search for.  The list should include (a) key things about an applicant that would give you concern about the applicant, such as the the use of hate language or promoting the use of illegal drugs, and (b) key things that you would like about an applicant, such as authoring a well-written blog.
  • Have someone not involved in the hiring decision perform the actual search for items on the list.  This insulates the decision maker from learning things about the applicant’s protected status such as his or her race.  It makes it much easier to defend against a claim that a decision not to hire was because of an applicant’s protected status when the decision maker was unaware of that status!

Molly’s tips regarding having a checklist and having a non-decision maker perform the search apply equally to employers performing general internet searches about applicants.

Independent Contractor Issues Continue to Plague “Employers”

The ABA Journal published an article this month by Susan A. Berson concerning increased scrutiny by the IRS and DOL regarding classification of workers as independent contractors. I strongly agree with the recommendations in the article regarding business auditing use of independent contractors: We recommend businesses conduct a comprehensive audit of the written independent contractor… Continue Reading

New Pattern Jury Instructions

The entire chapter on pattern jury instructions for state employment cases was just updated.  Pattern instructions are templates used by lawyers and judges to draft instructions to be read to the jury.  The instructions tell the jury what an employee has to prove for each type of employment claim and, where applicable, employer defenses to… Continue Reading

National Labor Relations Board Expands Definition of Concerted Activity

A company recently implemented a new casual dress rule requiring that shirts be tucked in.  While waiting for a sales meeting to begin, one salesman asked the Vice President of Sales about the new policy.  Another salesman then made several statements to the VP including “It [the rule] is pretty restrictive.  You know, I might… Continue Reading