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What every employer needs to know before seeking background checks
(September 29, 2016)
The federal Fair Credit Reporting Act (FCRA) and corresponding state laws impose obligations on employers that rely on certain background checks to make employment decisions. A recent class action lawsuit filed in New Jersey federal court should serve as a wakeup call for employers on the many pitfalls associated with conducting background checks on job applicants and employees.  Read on

What do employees want?
Money ranks right up there

(September 23, 2016)
Employers spend a lot of time and energy striving for engaged workers, the kind of employees who are happy, productive, and devoted to their jobs. But finding ways to recruit and retain those employees takes understanding what workers value most from an employer, and that gets complicated. Read on

States, business groups file suit
to halt DOL's overtime regs

(September 21, 2016)
Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) on September 20 alleging the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future, and employers would be well served to be in compliance by the December 1, 2016, deadline, according to one expert. Read on

Do as I say, not as I do:
SEIU and the 'Fight for $15' campaign

(September 21, 2016)
What organization funds and organizes a national movement for a $15 minimum wage and increased unionization, but does not pay the people it employs to support the movement $15 an hour and is antagonistic to their joining a union? The answer is  Service Employees International Union (SEIU).  Read on

Privacy vs. practicality: when expectations collide
(September 16, 2016)
Plenty of reporters, commentators, and the twitterverse have all made statements that Hillary Clinton is way too invested in her personal privacy, citing various examples, including most recently her health. On the flip side, Donald Trump has also been accused of hiding things, ranging from his own potential health condition to a failure to release his tax returns.  Stepping away from the MMA bout that is modern politics, are there times when an employer’s right-to-know supersedes and employee’s right to privacy?   Read on

Avoiding snares in workplace wellness programs
(September 14, 2016)
Encouraged by health insurance companies, workplace wellness programs have become trendy. Wellness programs help prevent disease and encourage employees to adopt healthier lifestyles. What could possibly go wrong? Read on

In remembering 9/11, don't forget USERRA
(September 9, 2016)
September 11, 2016, marks 15 years since the attacks on the United States that propelled the country into a war on terror that we continue to wage. It also has brought to the forefront the sacrifices made by our men and women in uniform. The upcoming anniversary of those events serves as a reminder to employers of the need to review their policies to ensure compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).    Read on

Maryland equal pay law to take effect October 1
(September 8, 2016)
Maryland’s new Equal Pay for Equal Work Act, which takes effect on October 1, will prohibit employers from providing less than favorable employment opportunities to or discriminating against employees by paying different rates based on their sex or gender identity.  Read on

Employers can learn lessons from DOL's FLSA woes
(September 7, 2016)
Many thought it ironic in mid-August when news broke that the U.S. Department of Labor (DOL) had agreed to a $7 million settlement in a 10-year-old dispute with its own employees and their union. The same agency charged with policing how employers comply with the wage and hour law apparently had compliance problems of its own. The case shows how difficult it can be to properly classify and pay employees falling under what’s perhaps the grayest area in wage and hour law—the administrative exemption.  Read on

Do you have a Weiner in your workplace?
Disciplining employees for off-duty misconduct

(September 2, 2016)
While a politician’s repeated fall from grace is a great excuse for a bit of schadenfreude, it also provides a teachable moment. Employers are frequently concerned about making employment decisions based on an employee’s out-of-office conduct, but Weiner’s case reminds us that what happens online is a perfectly valid reason for taking disciplinary action.  Read on

Massachusetts adds veterans as a protected class
(August 29, 2016)
Now that a new Massachusetts law adding veteran status as a protected class under the state’s antidiscrimination law is in effect, employers need to take a look at their employee handbook provisions related to veterans.  Read on

White paper on DOL's new 'blacklisting' rule now available
(August 29, 2016)
Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose purported violations of 14 federal laws (and their state-law equivalents) during the preceding three-year period when bidding on federal contracts worth more than $500,000.  Read on

More employers, employees finding what's old is new again
(August 26, 2016)
When employees decide to leave a job and move on with their careers, they may think their last look at their old employer will be in the rearview mirror. But more and more, their goodbyes are morphing into hellos.  Read on

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