In 2012, the EEOC issued new guidance on the use of criminal background checks when hiring employees. This guidance highlighted the EEOC’s focus on the use of both criminal background checks and credit checks in the hiring process. The EEOC… Read more
The EEOC recently published its charge statistics for 2013 on the heels of an updated enforcement plan released at the end of last year. The statistics reveal a number of important lessons for employers in today’s enforcement-minded administrative climate. At… Read more
The H-1B visa is designed to allow foreign nationals to temporarily work in the United States in a position that utilizes “specialized knowledge” which the foreign national possesses. April 1, 2014 was the first day that petitions for a first-time… Read more
On March 13, 2014, President Obama directed the U.S. Department of Labor (“DOL”) to narrow the Fair Labor Standards Act (“FLSA”) “white collar” exemptions, which could result in overtime being paid to “millions” of workers who currently are not eligible… Read more
A few months after creating a stir by holding that certain employer social media policies violated the National Labor Relations Act (“NLRA”), the National Labor Relations Board (“NLRB”) has struck again by finding that the NLRA protects an employee’s right… Read more
On July 2, 2013, the United States Court of Appeals for the District of Columbia Circuit held that the Department of Labor’s (“DOL”) 2010 Administrative Interpretation (“Interpretation”) regarding the exempt status of mortgage loan officers (“MLO”) should be vacated. The… Read more
On November 7, 2013, the Occupational Safety and Health Administration issued a proposed rule it says will improve workplace safety and health through improved tracking of workplace injuries and illnesses. The stated purpose of this rulemaking is to improve workplace… Read more
Beginning January 1, 2014, individuals and small businesses will have the opportunity to purchase health insurance coverage through the Health Insurance Marketplace (“Marketplace”) established pursuant to the Patient Protection and Affordable Care Act (“ACA”). Open enrollment is expected to begin… Read more
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