Under the Fair Credit Reporting Act (FCRA), effective January 1, 2013, employers are now required to use new forms as part of their background check process.  These form changes are the result of a shift in interpretation responsibility from the Federal Trade Commission (FTC) to the newly created Consumer Financial Protection Bureau (CFPB).  The primary...Read More

A three-member panel of the District of Columbia Court of Appeals has ruled that President Obama’s three recess appointments to the National Labor Relations Board were unconstitutional. On January 4, 2012, the President appointed the three members, purportedly pursuant to the Recess Appointments Clause of the Constitution, which allows the President to make such appointments...Read More

Despite the Obama administration’s movement towards immigration reform, more and more employers are being audited to determine if they are employing illegal immigrants.  In 2012, U.S. Immigration and Customs Enforcement (“ICE”) audited the I-9 forms of over 3,000 employers, up from only 250 employers just 5 years ago.  Not only have employer fines increased from...Read More

Non-union employers who have an employee handbook almost universally have a section setting out the employment relationship as being at will (e.g. “You are employed at will and may be terminated at any time with or without notice and reason.”) and a further provision limiting the right to alter this status. (e.g. “Only the president...Read More

Even if an employer has done everything correctly – given ample warnings, progressive discipline – a terminated employee sometimes still files suit.  A recent case illustrates the point.  A grocery clerk was terminated after receiving over a dozen warnings about rudeness to customers, including a “last chance” agreement.  Nevertheless, the terminated clerk sued.  The clerk...Read More

Partner, Jake Fulcher will be speaking at the Southwestern Indiana Builders Association (SIBA) Membership Meeting on Tuesday, November 13th. Jake will address the Right to Work law.Read More

Avoiding the many pitfalls associated with leave under the Family and Medical Leave Act is no easy task for employers.  Complex issues can especially arise when employers are faced with administering intermittent leave for exempt employees, as defined by the Fair Labor Standards Act. The FLSA establishes minimum wage and overtime pay standards.  Certain employees...Read More

When employees quit or are terminated, what happens with their vacation pay often creates an issue for employers.  In Indiana, vacation pay is subject to the Wage Payment Statute.  This means that employees are entitled to be paid for any accrued, but unused vacation time unless employers have a written policy to the contrary.  If...Read More

In line with its continuous promotion of its social media opinions, the National Labor Relations Board has created a webpage to describe the rights of employees acting together for their mutual aid and protection, even if they are not in a union.   To give employees examples of protected activity, the webpage contains stories of various disputes where...Read More

On June 21, 2012, partner, Jake Fulcher, will lead the Evansville-Area Human Resource Association in a discussion regarding guidance from the Equal Employment Opportunity Commission on employer’s use of criminal background checks in making hiring and retention decisions.  In its updated Guidance, the EEOC sets for a recommended best practices for employers in their use...Read More