Legal & Regulatory Issues

Posts Tagged Legal & Regulatory Issues

Is it legal—and if so, is it advisable—to fire a worker if he or she is looking for another job?

“Yes, it is legal,” said Eric Meyer, a partner at Philadelphia-based law firm Dilworth Paxson LLP and author of the online law blog “The Employer Handbook.” “Whether or not it is advisable depends on the circumstances.”

News Updates
October 1, 2013

“It already is hard to reconcile race and gender data; I suspect adding veteran status to that reconciliation process will not be seamless,” Alissa Horvitz, an attorney at Littler in Washington, D.C., told SHRM Online.

News Updates
September 30, 2013

Online applications, screening assessments, difficult commutes and even employer bias are among the challenges that prevent disabled people from landing or keeping jobs, said participants in a recent online dialogue hosted by the U.S. Department of Labor (DOL).

Sixty people weighed in during the Sept. 9-10, 2013, dialogue, which the department hosted to help the Office of Disability Employment Policy (ODEP) shape future policies on assisting the disabled in finding work.

News Updates
September 26, 2013

Those who remember The Andy Griffith Show wouldn’t ordinarily picture a sheriff’s office as a place swarming with back-stabbing and gossip. Enter the sheriff’s office of the city of Hampton, Va.

How Dare You Like Someone Else

News Updates
September 24, 2013

Facebook has always been a tough nut to crack for corporate recruiters. Although the world’s largest social media platform has approximately 1 billion accounts, most Facebook users aren’t actively searching for a new job on the site, and extracting accurate, reliable and even usable candidate-sourcing data has been difficult at best.

However, a new software application from Work4 Labs in San Francisco could be the Facebook nutcracker and candidate-sourcing tool that recruiters have been waiting for, according to the company's CEO, Stephane Le Viet.

News Updates
September 23, 2013

The DOL is coming! The DOL is coming! So tighten up your Family and Medical Leave Act compliance efforts.

U.S. Department of Labor branch chief Diane Dawson has announced the agency’s intent to do more onsite FMLA investigations “to increase its investigators’ access to information and save time by reviewing documents and interviewing employees onsite,” Anne Larson, an attorney at Ogletree Deakins in Chicago, told SHRM Online.

A DOL spokesperson mentioned these common FMLA violations:

News Updates
September 19, 2013

It may not be so glamorous working for Gaga.

Stefani Germanotta, better known to you people (I call her Stefani) as Lady Gaga, employed her friend, Jennifer O'Neill, as her personal assistant from in 2009 and again between 2010 and 2011. In 2010-2011, Ms. O'Neill made an annual salary of $75K, for which she claims to have been at Stefani's beck and call 24 hours a day, 7 days a week.

September 17, 2013

Though they are much less frequently used than H-1B visas, and in spite of calls by employers to make visas more readily available, the Department of Homeland Security recommended curtailing availability of L-1 visas in an August 2013 report.

News Updates
September 16, 2013

There was a time when employees had few protections and were subject to abuses by unregulated management.  For example:

September 4, 2013
That George Costanza was definitely on to something.
 
A federal court in Virginia (here) recently denied an employer's attempt to dismiss the complaint of a former employee who claimed that his rights under the Americans with Disabilities Act were violated when his employer failed to accommodate him by waking him when he fell asleep on the job.
 
August 14, 2013
The Obama administration caught the U.S. business community by surprise when it announced a one-year delay, until Jan. 1, 2015, in the Patient Protection and Affordable Care Act (PPACA or ACA) mandate that employers with 50 or more full-time-equivalent employees provide health care coverage to their full-time employees (those working on average 30 or more hours per week) or pay steep penalties.
 
News Updates
July 9, 2013

Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.

May 28, 2013

Under the 2013 revisions to the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules, employers must update their health information disclosure policies and retrain their employees to ensure compliance, said Timothy Stanton, an attorney in Ogletree Deakins’ Chicago office, and Timothy Verrall, an attorney in the firm’s Houston office, speaking to attendees at the firm’s 2013 Workplace Strategies seminar on May 9.

News Updates
May 23, 2013

The Working Families Flexibility Act of 2013 (H.R. 1406) narrowly passed in the Republican-controlled U.S. House of Representatives by a vote of 223-204 on May 8, 2013. The bill now moves to the Democrat-controlled Senate. Introduced by Rep.

News Updates
May 9, 2013

A university chooses to hire a native English-speaking male professor, instead of a Taiwanese female professor whose command of the English language is limited.

An upscale women’s-clothing retailer makes hiring choices, in part, on how “good-looking” the applicants are.

A mom and pop restaurant will not hire anyone who might be seen by patrons if he or she has visible tattoos.

News Updates
May 1, 2013

Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough?

We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.

When is enough enough?

* * *

April 24, 2013

When an employee requires a period of leave because of a medical issue or disability, the situation is not always straightforward, and the best way to manage it is not always clear. Adding to the confusion is that employers face an ever-changing alphabet soup of federal and state laws and regulations, starting with the Family and Medical Leave Act (FMLA).

News Updates
April 15, 2013

For HR professionals, ensuring their company maintains compliance with all regulatory requirements is a key aspect of the job and necessary to avoid compliance issues and the resulting penalties. Yet, it is easy to get lost in all of the legal verbiage and numerous acronyms; keeping track of policies like FMLA, ADA, ADAAA, ENDA, FSLA, ADEA, IRCA, ERISA may have you asking: HUH?

April 11, 2013

Recently, employers such as Hearst Corp., "The Charlie Rose Show" and Fox Searchlight Pictures have been named for allegedly violating the Fair Labor Standards Act (FLSA) and state labor laws by failing to pay interns who assumed significant work responsibilities. These cases should serve as a wake-up call to all employers that use unpaid interns.

News Updates
April 8, 2013

It was a privilege for me to attend and speak at SHRM’s Employment Law and Legislative Conference in  Washington, D.C.

 

For me, one of the high points was listening to the presentation by EEOC Commissioners Chai Feldblum and Victoria Lipnic.

While not quite the same as being there, I wanted to share with you what I tweeted during and after their presentation, which actually was  a  “chat.”

March 15, 2013