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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, in practice, courts did not receive the Guidance well. Continue reading

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 for ‘eligible employees.’

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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 time, it’s this measure to protect against what’s being dubbed “wage theft.”

I’d say get NJ a glass of something cold, but at the rate at which the Garden State is passing new employment laws, they’d just say, “Hold my drink.” Continue reading

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I conduct Fair Labor Standards Act (wage-and-hour) audits for clients. Among other things, I help them determine whether they are paying at least the minimum wage to all employees. But, more importantly, I confirm which employees are entitled to overtime (time-and-a-half for working more than 40 hours in a workweek) and ensure that the company is paying these employees all that they are owed. Continue reading

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