You’re invited to attend a legal update on religious discrimination in the workplace presented by Northern Kentucky Society for Human Resource Management and sponsored by DBL Law. DBL Partner Kelly Schoening will be the speaker.
You're Invited to Attend Northern Kentucky Society For Human Resource Management's Legal Update on January 14, 2014
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.
All employers are now required to use a new I-9 Form. Effective May 7, 2013, the new form replaces all prior forms and must be used for newly hired employees. The new form also must be used to reverify employees whose documentation is expiring.
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.
Case Study: A DBL client was subject to suit after a sub-contractor performed non-union work on the client’s property and was reported to his union. After oral argument, DBL was successful in obtaining summary judgment on each of the sub-contractor’s claims in the Hamilton County Court of Common Pleas.
In a recent case, U.S. v. Quality Stores, Inc., 110 AFTR 2d ¶2012-5253 (9/7/2012), the Sixth Circuit Court of Appeals ruled that severance payments are not subject to FICA withholding. The court ruled that the payments were supplemental unemployment compensation benefits that are not considered wages for FICA purposes.
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.
The Sixth Circuit Court of Appeals adopted a new legal standard for proving disability discrimination claims. The Court adopted the same standard used by the US Supreme Court in age discrimination cases.
Attendance and tardiness issues with employees are the most difficult to manage. There are very few jobs where attendance is not a key requirement. Employees who are chronically absent, late or who leave early put a drain on morale and on the workplace. However, disciplining or terminating such an employee is a very tricky issue. A variety of factors must be considered before instilling discipline.
Employers must be mindful that the Americans with Disabilities Act (ADA) applies to a wide range of both physical and mental conditions, as a March 29 decision from a Washington federal court makes clear. The case is one of the first disability discrimination lawsuits taken to trial concerning bipolar disorder.
You are invited to attend St. Elizabeth Business Health Presents: “Employer Sponsored Onsite Clinics” on April 18, 2012 from 7:30 – 11:00 am at the Marquis Banquet and Conference Center in Wilder, KY.
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 ever-increasing use of social media by employees who comment and post on work-related topics continues to be a focal point for the National Labor Relations Board. In August 2011, the NLRB published a report that summarized recent cases involving social media issues, and, on January 24, the agency released another report with updates in this area of law. The latest report focuses on several issues including whether employer policies that limit employee social media use are overly broad and could reasonably be interpreted as restricting employee communications that are protected under the National Labor Relations Act.