On Tuesday, the Department of Labor (DOL) announced a new pilot program for discretionary suspension and debarments to “ensure accountability and protect the federal government” from companies that have engaged in inappropriate or illegal conduct. The pilot program will be…
Yearly Archives: 2019
DOL Launches New Pilot Program on Discretionary Suspensions and Debarments
Posted in DOL, Labor & Employment
4 Steps Employers Must Take to Ensure FCRA Compliance
What are the four primary steps that employers must take in the Fair Credit Reporting Act (FCRA) process for onboarding an applicant? Bethany Salvatore and Bryant Andrews discuss FCRA requirements and how employers can protect themselves from liability. About The…
Can an Airport Skycap’s Complaint About the Poor Tipping Habits of French Soccer Players Really Become a Federal Case?
Yes! One of the least appreciated federal workplace laws is Section 7 of the National Labor Relations Act, the 1935 law which gives most private sector employees in the U.S. the right to form and join unions. Section 7 of…
Posted in NLRB, Wage and Hour
U.S. Department of Labor Publishes Notice to Update “Regular Rate” Regulations
Breaking its 50-year silence on the matter, on March 28 the U.S. Department of Labor announced its intention to update the federal regulations explaining how to calculate the “regular rate of pay” for non-exempt employees. Accurately calculating the regular rate…
Posted in Labor & Employment
Workplace Wellness Programs – Key Legal Considerations
Wellness programs have been, and continue to be, of interest to both employees and employers. Employees are more and more aware of healthy living initiatives. Similarly, employers are being inundated with information about the importance of employee health and workplace…
Posted in Labor & Employment, Wellness Programs
Protecting Your Trade Secrets: Implementing an Effective Exit Protocol
We have previously posted on HR Headaches about the practical steps employers can take to protect their company’s trade secrets. You can find that post here. With this edition, we dive a bit deeper into the strategies and safeguards companies…
Posted in Trade Secrets
How to Conduct Criminal Background Checks the Right Way
Criminal background checks are helpful in not only identifying applicants who might not be suitable for a job, but in limiting the potential liability associated with negligent hiring claims. Bethany Salvatore and Bryant Andrews answer your questions about when to…
Posted in Labor & Employment
Seventh Circuit Locks External Applicants Out of ADEA Disparate Impact Claims
It is not uncommon for a job posting state that the ideal candidate is a person with a certain number of years of relevant experience. Setting a target range of years of experience signals to applicants the level of complexity…
Posted in Discrimination
The NLRB’s Newest Take on Who Is an Employee under the National Labor Relations Act
On January 25, 2019, the National Labor Relations Board (“NLRB”) issued an important decision in SuperShuttle DFW, Inc. and Amalgamated Transit Union Local 1338, 367 NLRB No. 75, Case 16-RC-010963 (Jan. 25, 2019), holding 3-1 that franchisee drivers who operated…
Posted in NLRB
Pennsylvania Court Joins Trend in Holding No-Hire Agreements are Unenforceable as a Matter of Law
On January 11, 2019, in Pittsburgh Logistics Systems, Inc. v. BeeMac Trucking, LLC and BeeMac Logistics, LLC, a panel of nine judges sitting en banc affirmed a ruling holding that a no-hire agreement between two companies was unenforceable as a…
Posted in Labor & Employment
