Blog Posts

Get Ready to Comply: Employers Must Use New FCRA Model Disclosure Form by September 21, 2018

Under an interim final rule issued on September 12, 2018, the Consumer Financial Protection Bureau (CFBP) has issued a new model disclosure form that employers and background check companies are required to use, effective September 21, 2018. The new form contains a “security freeze right” notice that must be provided to individuals as a part of Fair Credit Reporting Act (FCRA) disclosures. Failure to provide the disclosure form as required when conducting background checks can land employers in hot water, including class action litigation. (more…)

More States Mandate Paid "Safe Leave" for Victims of Domestic Abuse

New Zealand made headlines last month after members of Parliament approved a bill allowing up to ten days of paid leave from work each year for victims of domestic violence. Under this new law, which will take effect beginning on April 1, 2019, employees in New Zealand may raise a dispute if they believe that their employer unreasonably refused a request for leave. The law also explicitly prohibits adverse treatment of any employee on the grounds that they are, or are suspected to be, a person affected by domestic violence. With this law, New Zealand joined the Philippines as the only countries to federally mandate paid leave for victims of domestic violence. Several provinces in Canada currently offer similar paid leave. (more…)

Maryland will enact a new law this year making construction general contractors liable for subcontractors’ violations of wage and hour laws. There is both good news and bad news for GCs, however. The law provides that a subcontractor must indemnify a general contractor for “any wages, damages, interest, penalties, or attorney’s fees owed as a result of the subcontractor’s violation,” unless indemnification is provided for in a contract between the GC and the subcontractor, or if the subcontractor was unable to pay its employees because the GC failed to pay the subcontractor pursuant to the terms of their contract. However, this mandatory indemnification provision may be worth nothing if a subcontractor is not able to pay these damages and costs. The Act also gives employees the opportunity to sue both the GC and their direct employer. (more…)

Managing staff can be difficult under the best of circumstances – but there are specific challenges that can arise when the workforce is comprised of so many different generations of people. Currently, there are four generations in the general workforce: Traditionalists, born prior to 1946; Baby Boomers, born between 1946 and 1964; Generation X, born between 1965 and 1976; and Generation Y: Millennials, born between 1977 and 1997. Very shortly, we will contend with an entirely new wave of workers: Generation Z. (more…)

As most football fans know, the NFL suspended Dallas Cowboys’ star running back Ezekiel Elliott for the first six games of the 2017 – 2018 season for violating the league’s personal conduct policy. His suspension was based on accusations of domestic violence against his ex-girlfriend on five occasions in 2016. The NFL conducted an investigation into the allegations, and though Elliott was never criminally charged, the NFL found that there was “substantial and persuasive evidence” of the abuse. Based upon the investigative report, NFL Commissioner Roger Goodell issued the six-game suspension. The NFL Players Association (NFLPA) took the matter to arbitration pursuant to their collective bargaining agreement with the NFL. (more…)

As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would have significantly changed employers’ obligations regarding reporting. In brief, among other controversial provisions, the new rule would require employers, beginning July 1, to submit their employee injury/illness data to OSHA so that the data can be published for all to see.

In an expected move, OSHA has announced that it has suspended its electronic injury and illness data submission requirement, which was set take effect on July 1. OSHA’s website now states:

OSHA is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically. Updates will be posted to this webpage when they are available.

Employers may rejoice that OSHA has not indicated when or if a new deadline would be set for electronic submissions, or whether it will reverse the rule that established this public reporting of injury/illness records. OSHA may indicate its stance on the rule after a new head of OSHA is appointed.

While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly violate employees’ rights under the National Labor Relations Act (NLRA).
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Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on behalf of himself and a similarly situated class of Division I FBS football players in which he alleged that they should be entitled to minimum wage and overtime payments in return for their “work” generating “massive revenues” for their universities. (more…)

While President Obama’s landmark overtime expansion is pending in a Texas federal court, on May 2, 2017, the Republican House passed the Working Families Flexibility Act (H.R.1180/S.801) by a vote of 229 – 197, which would change overtime pay in the private sector, as we know it. Not one Democrat voted for the bill and Senator Elizabeth Warren called the bill a “disgrace” on Twitter. In opposition to the Act, the National Partnership for Woman & Families calls the Act “harmful, smoke-and-mirrors legislation” as it believes that the Act would set up a false choice between time and money. Why is everyone so up in arms about the Act? Let’s take a look . . .
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