Criminal Background Checks in 2013: FCRA, Meet Title VII

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As we all know, if an employer uses a third party to conduct criminal background checks for it, the Fair Credit Reporting Act (FCRA) applies. Generally speaking, there are three (3) steps mandated by the FCRA in terms of the communications between the employer and the applicant or employee:  (a) prior written authorization; (b) pre-adverse action notice; and (c) adverse action notice. Effective January 1, 2013, there are new  forms that must be used as part of the process.  In particular, an updated “A Summary of Your Rights Under the Fair Credit Reporting Act,” must be given to applicants and employees as part of pre-adverse action notice (with regard to criminal or other records). Continue reading Criminal Background Checks in 2013: FCRA, Meet Title VII →

Santa and The FLSA by my colleague: NATALIE HRUBOS

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Santa and the FLSA – Natalie F. Hrubos – 12-16-12

Delivering presents to the well-behaved children all over the world in a single night is hard work.  Sure, Santa Claus makes it look easy with his jolly disposition, magical sleigh and team of nine flying reindeer.  But does that mean he is any less entitled to compensation? Of course not!  Let’s just assume that Santa’s employer – the North Pole, obviously – is covered by the Fair Labor Standards Act (FLSA).  To comply with the law, the North Pole, like any other employer, has to ask itself certain questions. Continue reading Santa and The FLSA by my colleague: NATALIE HRUBOS →

Time is Money: On or Off the Clock Work?

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As published by SHRM’s HR Magazine:

Time is Money: On or Off the Clock Work?

Vol. 57 No. 12

Many managers still don’t understand the Fair Labor Standards Act.

12/1/2012 By Jonathan Segal

Virtually every week I hear about another employer allegedly requiring, encouraging or tolerating situations in which nonexempt employees are working off the clock. Even large employers with robust compliance programs are not immune to such legal missteps. Continue reading Time is Money: On or Off the Clock Work? →

Employees with Extended Shifts and Sandy: Wage and Hour Issues

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Some employees may be required to stay on site for extended periods of time as a result of Sandy.  Here is summary of the FLSA payment rules for non-exempt employees from the DOL website:

Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep. No reduction is permitted unless at least 5 hours of sleep is taken. Continue reading Employees with Extended Shifts and Sandy: Wage and Hour Issues →