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March 2019

Do employers violate the Age Discrimination In Employment Act (ADEA) in only recruiting at college campuses or turning away applicants for having too much experience?  The Seventh Circuit has a simple answer to that question, in a ruling on January 23, 2019, that the federal age discrimination law does not protect older applicants from the unintended...
The Fair Credit Reporting Act (FCRA) prohibits the use of consumer reports for employment purposes unless "a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured in a document that consists solely of the disclosure that a consumer report may be obtained for employment ...
The Federal Arbitration Act is a federal law that encourages the arbitration of legal claims.  Fifty-five percent of American workers are covered by mandatory arbitration provisions in their employment contracts with their employers, according to published reports.  Many of these mandatory arbitration provisions preclude an employee from bringin...
During the Obama administration, the NLRB overturned 92 traditional NLRB doctrines.  The current Trump administration's NLRB is in the process of attempting to reverse the Obama-era rulings, thus going back to the prior doctrines.  The latest example occurred in the January 25 ruling of the NLRB in Super Shuttle DFW, 16-RC-010963 (1/25/19). ...
Employers are well aware of classification issues as to whether workers are employees or independent contractors.  Use of independent contractors offers great advantages to employers, including saving of payroll taxes and the avoidance of union and employment claims.  On the other hand, there is widespread litigation over misclassification issue...
Many employers are successfully using wellness programs and finding that good programs can be a"win-win."  That is, employee wellness improves attendance and reduces healthcare plan costs, while showing the employer's desire to help workers.  Unfortunately, there are many legal issues in setting up and operating a wellness plan.  While the ...