United States: New Michigan Law Expands The Types Of Criminal Records Applicants & Employees Can Refuse To Disclose To Employers

Existing Michigan law has served to prevent private employers from considering criminal records “set aside” by law (more commonly known as expungement) in hiring and personnel decisions. An amendment to that law, which took effect on January 12, expands the circumstances under which ex-offenders may seek to set aside their criminal records and, thus, may further inhibit employers from accessing the criminal records of their applicants and employees. Employers who violate the law are […]

By | March 25th, 2015 ||

United States: “Smoking Gun” Comments Serve As An Important Reminder Of The ADA’s Protection Against Associational Discrimination

Most employers are well aware that the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities against discrimination on the basis of disability and requires employers to provide reasonable accommodations to employees with disabilities, if those accommodations do not pose an undue hardship for the employer. However, a recent court decision reminds employers that even individuals without disabilities may be protected from discrimination under the ADA due to their association with another person […]

By | March 25th, 2015 ||

United States: Mortgage Loan Officers Are Not Exempt Employees Per The DOL And The Supreme Court Says That Is Okay

The legal ping-pong match between the Department of Labor (DOL) and the Mortgage Bankers Association (MBA) over whether mortgage loan officers are eligible for overtime appears to be at an end. The Supreme Court recently issued its opinion in Perez v. Mortgage Bankers Association, holding that the DOL’s amendment of its interpretive rules to provide that mortgage loan officers do not qualify for the administrative exemption—despite the fact that the DOL did not go […]

By | March 24th, 2015 ||