Have you as an employer ever written in a job posting that only currently employed or recently unemployed applicants will be considered, or denied an applicant because he or she had a history of unemployment? It sounds counterintuitive at first—like a restaurant...
Obama and Labor Secretary are working to Overhaul Overtime Rules for Exempt Employees
A recent speech by Labor Secretary Thomas Perez at the IAFF conference provided some details about the changes to the managerial exemption to the Fair Labor Standards Act (“FLSA”). Significantly, Secretary Perez reiterated that the current salary threshold of $455 is...
NLRB’s Administrative Law Judge Finds Employer’s Mandatory Arbitration Provision Violates the National Labor Relations Act
Non-union employers often think that they do not need to concern themselves with the National Labor Relations Act (the “Act”). This is a misconception. For example, Section 7 of the Act gives employees the right to not only form labor unions and engage in collective...
Improper Employer Investigations Can Prove Costly
A recent article in the New York Times highlighted the issues that arise when employer investigations produce false information and/or confessions. Usually, these situations occur because the person conducting the investigation is employing a technique that is not...
DOT Drug and Alcohol Testing – Don’t Go it Alone!
Employers of persons who operate a commercial motor vehicle that requires a commercial driver’s license (“CDL”) should know that they are subject to the United States Department of Transportation (“DOT”), Federal Federal Motor Carrier Safety Administration (“FMCSA”)...
