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What Rights Do Employers Have to Issue Background Checks?

Per state and federal law, an employer may check a job applicant’s or employee’s background, including for criminal records. However, it’s important for employers to ensure their compliance with laws and regulations that protect employees from discrimination.

New York Labor Law Vs. Federal Law

The Fair Labor Standards Act (FLSA) is a federal law which applies in all states, and sets the floor for regulations concerning wages, overtime, and hourly work. The FLSA allows individual states to pass laws that go further than the federal law, extending the law more generously in favor of employees.

Meet Alexander Acosta, President Trumps New Secretary Of Labor Pick

Secretary Trump’s original pick for Labor Secretary, Andrew Puzder, formally dropped out of consideration in February, the day before his confirmation hearing, after attacks from opponents about his questionable record on wage and hour claims, his criticism of anti-immigration rhetoric in his party, and suspicions that he would have dismantled the protections afforded to workers through the Fair Labor Standards Act (FLSA).

Unfortunate Delay In Expansion Of Overtime Law

The Fair Labor Standards Act (“FLSA”) generally requires that employees receive extra over time pay calculated at time and one-half (or 150%) of their regular rate of pay for each hour worked in over 40 hours in a week. However, the FLSA does not require that overtime pay be paid to employees who perform “executive,” “administrative,” or “professional” work. These are known as the “white collar” exemptions.