Jacqueline Prats

Employers conducting background checks on their applicants or employees must comply with the Fair Credit Reporting Act ("FCRA"). The FCRA requires, among other things, that employers provide applicants or employees with certain disclosures and obtain authorization prior to obtaining background checks on them; provide additional disclosures prior to taking any…

On December 22, 2022, Congress passed an omnibus spending bill that expands rights for pregnant and nursing workers: the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”).  This bill was signed into law by President Biden on December 29, 2022.  The…

In keeping with its recent trend towards a more employee-friendly stance, the NLRB recently issued McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), a decision in which it held that broad confidentiality and non-disparagement provisions in employee separation agreements are unlawful under the NLRA.  Soon thereafter, the NLRB's general…

Employers are often surprised to learn about the scope of the National Labor Relations Act ("NLRA"), because much of the NLRA applies to union organization and collective bargaining.  Section 7 of the NLRA applies to nearly every non-supervisory employee in the U.S., both union and non-union, however, and it protects…

COVID-19 forced many employers to handle their hiring processes remotely. During the pandemic, the Department of Homeland Security ("DHS") relaxed some of its otherwise-strict requirements regarding the I-9 Form. Whereas employers (or their authorized representatives) were previously required to inspect employees' identity and work authorization documents in person before filling…

On May 10, 2023, Gov. DeSantis signed into law SB 1718, a sweeping immigration bill that will become effective on July 1, 2023. Among a number of other changes, this law creates new requirements for employers and strengthens the consequences employers may face for violating existing law. Employers may not…

DIVERSITY INITIATIVES AND THE BACKLASH OF REVERSE DISCRIMINATION CLAIMS The Florida Bar Journal - Vol. 95, No. 5 September/October 2021 Pg 42 Jacqueline M. Prats Labor and Employment Law By now, most Americans have probably heard of the Black Lives Matter and Me Too movements. Although the Black Lives Matter…

Jacqueline Prats offered insight on the risks and considerations for employers instituting perfect attendance policies as the COVID-19 pandemic subsides in a May 21, 2021 article for Society of Human Resource Management (SHRM). “Perfect attendance policies can be an important tool for managing employee absenteeism and morale,” Prats said. “However,…