Deborah A. Catalano

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Should Background Checks Be On Your New Employee Checklist?

“Where there’s Pepsi, there’s music” … is a slogan from a Pepsi marketing campaign.  No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and training because of its former background check policy.  According to a press release on the EEOC’s … Continue Reading

Email Policy Cannot Be Used to Squelch Protected, Concerted Activity

Employers must ensure that their email policies advise employees of the appropriate use of email.  Likewise, employers must enforce appropriate use policies in a consistent matter.  However, employers do not have unfettered discretion to discipline employees for “inappropriate” email content.  In a recent ruling, the NLRB found that an employer had committed an unfair labor … Continue Reading

Skinsmart Dermatology Avoids a Legal Blemish Over Facebook Posting

The “Facebook Firing” cases continue with the NLRB deciding more often than not that employees fired for Facebook postings engaged in “protected concerted activity” under the National Labor Relations Act (“NLRA”) and are entitled to reinstatement. However, a break from the typical outcome occurred in May, 2013, when an NLRB Associate Counsel sent an Advice … Continue Reading

Are Recruiters Exempt Under the FLSA?

Recruiters may or may not be exempt from the payment of overtime under the Fair Labor Standards Act, depending on their specific job duties. One employer recently settled three collective actions brought by medical recruiters in Betancourt v. Maxim Healthcare Services, Inc., No. 1:10-cv-04763 (N. D. Ill. 2010).  The recruiters are expected to receive $12.3 … Continue Reading