Legal & Regulatory Issues

Posts Tagged Legal & Regulatory Issues

Thomas Jefferson once said, "America is not governed by the majority, but by the majority of those who participate."

Jefferson's belief about the impact political advocacy had on Government 200+ years ago still rings very true today. That's why SHRM has embarked on a 5-year initiative to establish the SHRM Advocacy Team; a network of SHRM member advocates throughout all 435 congressional districts across America.

March 1, 2013

The number of employment-related immigration bills that state legislatures enacted in 2012 declined from 2011, according to a report the National Conference of State Legislatures (NCSL) released Jan. 29, 2013.

In 2012 Immigration-Related Laws and Resolutions in the States, the NCSL said states put immigration “on the back burner” while focusing on budget deficits and redistricting. In addition, the NCSL said, states “hit the pause button” because they were awaiting the U.S. Supreme Court’s decision in Arizona v. United States, 132 S. Ct. 2492 (2012).

News Updates
February 26, 2013

I have three kids, ages three and under. So a vacation for me is the half hour of quiet time I get in the bathroom every morning.

It's not like the old days.

I remember Spring Break '97 in the Bahamas. Sun, beach, water sports, and a couple of adult beverages.

February 14, 2013

The background-screening industry is facing greater scrutiny over the accuracy of its reports, according to industry experts. In 2012 some job seekers claimed that inaccurate criminal background checks prevented them from finding employment.

Accuracy of background-check-report information and greater scrutiny of the screening industry are the No. 1 trend for 2013, said attorney and background-check expert Lester Rosen.

News Updates
February 5, 2013

I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but didn't get the job because the county thought his disability would compromise swimmer safety. Plus, the town was not convinced that it could accommodate the deaf applicant because it couldn't be 100% certain that he could safely be on the lifeguard stand alone, without someone constantly by his side.

Folks, I'm guilty.

January 24, 2013

A number of bills introduced in the 112th Congress that did not result in legislation likely will be re-introduced in the 113th Congress, beginning in January. Following are a few that we may see again.

Employment Non-Discrimination Act

News Updates
January 9, 2013

Legal and regulatory changes—more than new laws—are driving the need for company policy adjustments, revised plan documents and updated employee handbooks for 2013 by U.S. employers.

News Updates
December 28, 2012

Mo bagels, mo problems.

Let's take you back to August, 2010. David Ross, the plaintiff, attended a meeting of the Colorado Department of Transportation's Staff Bridge Unit Leaders, where the annual employee appreciation luncheon was discussed. During the meeting, another employee noted that the luncheon was scheduled during the observance of Ramadan and requested that the luncheon be rescheduled so that one of his subordinate employees, Ali Harajli, an observant Muslim, could attend. An alternative date was proposed and approved by Mr. Ross's supervisor.

December 21, 2012

The last time I made a prediction was in 2009.  I predicted the market would soar and I moved most of my bonds to stocks.  Yes, I will be working until I am 102 years of age.  So when it comes to my own personal finances, my predictions are not very good.

I hope they are a little better in terms of knowing what comes next in the employment world.  So here are my predictions:

December 19, 2012

The states of Colorado and Washington made drug-law history on Election Day, Nov. 6, 2012, when voters approved measures to legalize and regulate the production, possession and distribution of recreational marijuana for individuals age 21 and older.

The new laws, which allow each state to administer the sale and distribution of marijuana in a manner similar to current state laws on the use and sale of alcohol, are unique in the nation.

News Updates
December 14, 2012

The U.S. Supreme Court appeared to struggle over the question of who qualifies as a supervisor under federal nondiscrimination laws. Hearing oral arguments in a case from the 7th U.S. Circuit Court of Appeals on Nov. 26, 2012, the high court addressed the issue, left unanswered in previous Supreme Court decisions, of when a “supervisor” includes an employee who oversees and directs other workers’ daily tasks, but has no authority over their formal employment status, (Vance v. Ball State Univ., No. 11-556).

News Updates
December 13, 2012

Family and Medical Leave Act (FMLA) compliance is difficult and annoying, said Mark Oberti, an attorney with Oberti Sullivan LLP in Houston, at the National Employment Law Institute’s Annual Employment Law Conference in Arlington, Va., Nov. 16, 2012.

The U.S. Department of Labor’s FMLA regulations often aren’t much help, as they rarely make it clear when an employer may fire someone, he added.

Oberti outlined 12 compliance strategies for employers:

News Updates
December 11, 2012

When an employer is faced with a sexual-harassment lawsuit, one of its best defenses is that the company took reasonable care (e.g., policy, training) to prevent sexual harassment (and then addressed complaints in a manner that is reasonably designed to end the sexual harassment)

October 30, 2012

Striking down the Defense of Marriage Act (DOMA) as unconstitutional Oct. 18, 2012, the 2nd U.S. Circuit Court of Appeals noted that the law “has varying impact on more than a thousand federal laws.” That includes numerous federal employment laws, as the AFL-CIO noted in a friend-of-the-court brief filed in the 2nd Circuit case.

Edie Windsor, 83, challenged DOMA after the federal government taxed her more than $363,000 when her spouse, Thea Spyer, passed away in 2009. Windsor and Spyer first met in 1963, married in Canada in 2007, and lived in New York.

News Updates
October 29, 2012

As Election Day approaches, employers should review their policies for compliance with state law requirements for providing employees with time off to vote. Some states have no rules, but others require all employers to provide employees with time off to vote and impose civil and criminal penalties for noncompliance.

News Updates
October 25, 2012

Because a scheduled federal budget “sequestration” is approaching in January 2013, the Office of Management and Budget (OMB) and the U.S. Department of Defense (DOD) issued separate guidance notices on Sept. 28, 2012, to address questions about whether Worker Adjustment and Retraining Notification (WARN) Act notices needed to be issued just before the presidential election.

News Updates
October 4, 2012

With little fanfare, the one-year-old Consumer Financial Protection Bureau has become the chief enforcer of the Fair Credit Reporting Act (FCRA) and has issued revised FCRA forms employers and consumer reporting agencies must start using no later than Jan. 1, 2013.

News Updates
September 27, 2012

The title of this post is comprised of the seven poorly-chosen words from a Vice President of Operations at a Detroit casino right before the casino terminated a white employee for allegedly botching supervision of a dealer card shuffle.

What do you think? Do we have a live race-discrimination claim? Oh yeah, we do! Details after the jump, as well as thoughts on employers who strive to maintain racial balance in the workplace... 

September 21, 2012

On Aug. 30, 2012, the U.S. Internal Revenue Service issued new guidance on how to define a “full-time employee” under the employer responsibility provisions of Patient Protection and Affordable Care Act (PPACA). The Departments of Labor, Health and Human Services, and the Treasury also issued guidance on how the 90-day waiting period limit should be implemented for certain variable-hour employees.

Full-Time Employee

News Updates
September 19, 2012

The U.S. House of Representatives on Sept. 13, 2012, passed bill S. 3245, which would reauthorize for three years E-Verify as well as certain immigrant visa programs set to expire at the end of the month. The vote was 412-3.

News Updates
September 18, 2012