The U.S. Department of Labor has issued a final ruling updating its joint employer status interpretation under the Fair Labor
For the first time in 50 years, the U.S. Department of Labor (DOL) has updated the definition for what perks
Kentucky has updated its Child Labor Law poster to reflect new laws. Employers should have posted new posters in June
A June 27 U.S. Supreme Court ruling declared that public-sector employees cannot be mandated to pay regular agency fees to
The U.S. Supreme Court this morning ruled that a lower court (7th Circuit Court of Appeals) must re-examine its decision
The EEOC recently released its annual fiscal year performance report. The report should serve as a warning to all employers that the EEOC is alive and well and intends to remain extremely aggressive in pursuing its agenda, investigating discrimination allegations and filing lawsuits against employers across the country.
Make sure you company is prepared for health insurance changes on the horizon.
Here is a helpful overview of employment law basics, designed to help employers navigate the waters of employee relations.
Federal regulations implemented in 2010 provide additional guidance for compliance with GINA. Employers should be mindful of GINA when drafting wellness program documents that request genetic information, especially enrollment forms and health risk assessments.
The Obama Administration has announced that it will delay the implementation of the employer mandate until 2015. The mandate, a key component of the Affordable Care Act, would have penalized employers with more than 50 employees if they fail to provide a minimum standard of affordable health insurance by 2014.
Tuesday, May 7th, 2013, the U.S. Court of Appeals for the District of Columbia vacated a new NLRB rule requiring businesses to put up posters informing employees of their right to form a union.
The EEOC recently released new guidance for employers explaining when criminal records may be used by employers in making employment decisions without violating Title VII of the Civil Rights Act of 1964 (“Title VII”). Although Title VII forbids employers from discriminating on the basis of race, color, religion, sex, or national origin, a decision not to hire based on criminal records usually implicates either a race or national origin claim. The new EEOC guidance does not change the law, it simply explains the EEOC’s position more fully.
The EEOC recently released new guidance to employers explaining the parameters of using criminal records in employment decisions without violating federal law.
An employer’s policy of not hiring anyone with an arrest record disparately impacts African-American and Hispanic men according to the EEOC.
On April 17, 2012, the U.S. Court of Appeals for the District of Columbia issued an injunction preventing the National Labor Relations Board (“NLRB”) from enforcing its employee notice posting rule, which had been scheduled to become enforceable on April 30, 2012.
In the recent case of Marmet Health Care Center, Inc. v. Brown, the United States Supreme Court issued a ruling on two consolidated cases involving negligence suits against nursing homes in West Virginia. The key issue in these cases was whether the Federal Arbitration Act (FAA) preempted a West Virginia state-law rule declaring invalid all pre-dispute arbitration agreements that apply to personal-injury or wrongful-death claims against nursing homes. While the West Virginia appellate court held that the FAA did not preempt this per se categorical rule, the U.S. Supreme Court found that the state court’s decision was incorrect.
On February 17, the U.S. Senate and the House of Representatives both voted to extend the 2% payroll tax cuts for the rest of 2012. This new legislation is “a bill to extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes.” Had lawmakers not reached this agreement, the payroll tax cuts would have expired on February 29. The bill will be forwarded to President Obama, who has indicated that he will sign it into law.
The IRS has announced a new program which would allow employers who incorrectly classified employees as independent contractors in the past to minimize exposure for such incorrect classifications.
Facebook, LinkedIn and Twitter are a few of the social media sites utilized by employers and employees today. Studies indicate that the use of social media sites by employers has risen significantly in the last few years with between 45% to 75% of employers now using such sites. All indications are that increased utilization of such sites will continue.
On March 1 the U.S. Supreme Court announced a decision that will have far-reaching effects on employers everywhere. In Staub v. Proctor Hospital, the plaintiff filed suit under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) following his termination of employment. Under USERRA, it is unlawful for an employer to discriminate on the basis of an employee’s membership in the armed services.
At one time or another – whether at the doctor’s office or when applying for health insurance – most of us have been asked about our family medical history. But if you are an employer, such questions can no longer be asked.
A Bureau of Labor Statistics report shows major U.S. strikes (1,000 workers or more) at their lowest since the Department of Labor began gathering that data in 1947. The number of major strikes fell to five in 2009.
“The Wage and Hour Division must expand its efforts to ensure that workers are employed in compliance with the laws we