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 website, the EEOC determined that … 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 practice when disciplining employees … 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 Memorandum to his Regional Director … 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 as a result of … Continue Reading

Take Care When Applying the Outside Sales Exemption

Wage and hour lawsuits have risen drastically in recent years. The cost of defending such lawsuits has also greatly increased because many wage and hour lawsuits at both the state and federal levels involve class, collective, or multi-plaintiff actions. An example of a recent case in which a Texas federal judge dealt a blow to a developer by allowing a … Continue Reading

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