Employment Law Newsletter In , the Appellate Division of the New Jersey Superior Court recently upheld Jennifer O’Brien’s termination for conduct unbecoming a teacher by posting the following comments on Facebook: “I’m not a teacher – I’m a warden for future criminals!” and “They had a scared straight program in…
Employment Law Newsletter Twenty years after its passage, most employers are aware that the Family and Medical Leave Act (FMLA) provides qualifying employees with up to 12 weeks of job-protected leave for varying circumstances. However, employers may not be aware that the U.S. Department of Labor recently issued new rules…
Employment Newsletter On the 20th anniversary of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor (DOL) issued results of a survey of 1800 employers and 2,800 employees designed to measure the law’s impact on these constituent groups. Some of the survey’s more significant findings include: Employer…
Employment Law Newsletter Effective January 1, 2013, employers using third parties to conduct applicant/employee background checks must issue an updated Fair Credit Reporting Act (FCRA) notice to affected applicant/employee. Under the FCRA, employers must issue the updated notice summarizing rights under the FCRA whenever the employer intends to obtain a…
Employment Law Newsletter In a decision that may ultimately negate any post January 2012 decisions issued by the National Labor Relations Board (NLRB), the D.C. Circuit Court of Appeals in January 2013 struck down as unconstitutional three controversial “recess” appointments to the NLRB by President Obama. The court held that…
Employment Law Newsletter Lady Gaga’s formal personal assistant (and former personal friend) has filed suit against the pop star for violation of the overtime payment requirements of the Fair Labor Standards Act (FLSA), which requires overtime payment for all hours worked in excess of 40 hours to employees who are…
Employment Law Newsletter In December 2012, the EEOC approved its Strategic Enforcement Plan announcing six national enforcement priorities the agency will focus on through 2016: equal pay enforcement; protecting immigrant, migrant and other vulnerable workers; addressing “emerging” issues such as pregnancy discrimination/accommodation and expanding coverage of lesbian, gay, bisexual and…
Employment Law Alert Many employers administering leave under the FMLA are ignorant of the following notices that must be provided to employees invoking FMLA leave rights: Eligibility Notice: provided within five business days of a leave request informing the employee whether or not they meet the FMLA’s eligibility requirements. In…
Employment Law Newsletter On June 27, 2012, the Untied States Department of Labor (DOL) issued a new 16-page guide book entitled “NEED TIME? The Employee’s Guide to the Family and Medical Leave Act.” The guide book provides a “simple overview” of the leave benefits accorded to employees under the FMLA.…
Employment Law Newsletter Many employers use criminal background checks to “weed out” individuals who engage in activities that pose significant risks to the workplace. This past April the United States Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions…