NLRB: An employer’s “sign this arbitration agreement or you’re fired” edict is totally cool with us

Image by Andreas Breitling from Pixabay What a difference a few years make. Two years, Richard Griffin, the former General Counsel of the National Labor Relation Board (“NLRB“), stood before the U.S. Supreme Court and argued in Epic Systems v. Lewis that arbitration agreements requiring employees to forego the ability to pursue collective or class…

Read on...

Three strikes and the EEOC guidance on background checks is out (or close to it).

Image by tigerlily713 from Pixabay In 2012, the EEOC issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII. The purpose of the Guidance was to help eliminate barriers in recruitment and hiring to ensure that companies running these background checks weren’t disparately impacting minorities. Although well-intentioned,…

Read on...

DOL: An employee take FMLA leave to discuss a child’s special education needs at school.

Image by Clker-Free-Vector-Images from Pixabay Last week, the U.S. Department of Labor issued this opinion letter in which the DOL concluded that the FMLA covers a parent’s attendance at his/her child’s individualized education program (IEP) at school. Ultimately, this amounts to caring for a family member with a serious health condition,” which the FMLA affords…

Read on...

NJ has a new ‘wage-theft’ law. Here are 10 things that employers must know about it now.

Image Credit: Pixabay.com (https://www.needpix.com/photo/180714/muscle-muscular-athlete-fitness-body-bodybuilder-workout-bodybuilding-macho) If you’re old enough, maybe you remember this Miller Lite commercial from the 1970s where Steve “The Miz” Mizerak was just showing off at a billiards table, working up a thirst for his adult beverage of choice: Miller Lite. Last week, the State of New Jersey passed yet another workplace law. This…

Read on...

Blame it on the a a a a a alcohol

Image by Social Butterfly from Pixabay When can you ask an employee if s/he has a problem with alcohol? The answer is almost never. But, one company recently dodged a major bullet after asking an employee whether he had a drinking problem and questions about his drinking in general. This recent federal court decision involved…

Read on...