Legal and Compliance

Employer Guidance on Revised FMLA Forms

Best Practices: Contracts and Client Relationships During COVID-19

On July 17, 2020 the US Department of Labor issued new optional Family and Medical Leave Act (FMLA) forms. The FMLA is a federal law that permits eligible employees with qualifying medical conditions to take up to 12 workweeks of unpaid leave. According to the DOL, the two-step forms will …

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EU Court of Justice Invalidates the EU-US Privacy Shield

EU Court of Justice Invalidates the EU-US Privacy Shield

An important and unexpected ruling was handed down by the Court of Justice of the European Union (CJEU) on July 16, 2020, in Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems (“Schrems II”) that invalidates the EU-U.S. Privacy Shield (“Privacy Shield”) arrangement. Since 2016, the Privacy Shield provided …

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Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Potential Issues in using Social Media Information in Employment Decisions (Discussion)

Below are some of the common issues and considerations for using social media information in employment decisions. Illegal discrimination According to a 2018 national survey conducted on behalf of CareerBuilder by Harris Poll, 70% of employers use social media to screen candidates before hiring. While they may not be searching …

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Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

Ninth Circuit Defines “Standalone, Clear and Conspicuous” Disclosure for Obtaining Employment-Purpose Background Checks

On January 29, 2019, the U.S. Court of Appeals for the Ninth Circuit in Gilberg v. California Check Cashing Stores, LLC instructed employers about the importance of complying with background check disclosure requirements found in the Fair Credit Reporting Act (FCRA). Pursuant to the federal statute, employers who want to obtain …

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2018 Year-End Recap of State and Local Laws on Background Screening

State and Local Laws

2018 was a big year with the hottest legislative trends for private employers: laws limiting background checks in the form of “ban-the-box” measures, credit check restrictions and prohibitions on inquiries into salary history. With many new laws requiring compliance over the last year – and two that took effect January …

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Independent contractors and the FCRA

Independent contractors and the FCRA

Must employers provide the protections required by the Fair Credit Reporting Act (FCRA) to prospective independent contractors?  Not according to a new decision from an Iowa court (see Smith v. Mutual of Omaha Insurance Company, No. 4:17-cv-00443 (S.D. Iowa Oct. 4, 2018)) which grappled with the question in the context …

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When Employment Meets Antitrust

When Employment Meets Antitrust

Can employers be criminally liable for antitrust violations? According to the Department of Justice (DOJ), the answer is yes. Violations of antitrust law in the employment context have made headlines in recent years, as the government has cracked down on “no-poach” and “salary-fixing” agreements between companies. Taking the issue increasingly …

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