Employment

By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks.

Almost two years ago, we wrote that the EEOC had filed its first-ever lawsuit asserting that “severe” obesity was a protectable disability under the ADA. That case, EEOC v. Resources for Human Development, Inc., provided little guidance to employers about where the EEOC would draw the line on when obesity is “severe” enough to constitute an ADA-protected disability.

New Hampshire became the latest state to enact a law pertaining to noncompete agreements.

Employers are increasingly looking to consumer-driven health plans (CDHPs) in an effort to control health insurance costs. CDHPs generally combine a high-deductible health plan with a tax-advantaged account, such as health reimbursement arrangement (HRA), that enrollees can use to pay for otherwise uninsured health care expenses.

In a July 7 article entitled Brawling Over HealthCare Moves to Rules on Exchanges, The New York Times reported on a brewing challenge to tax credit provisions of the Affordable Care Act that will affect both employers and individuals.

Recently, the U.S. Department of Labor released a user-friendly Employees' Guide to the Family and Medical Leave Act. The guide is targeted at employees, but may also serve as a helpful tool for employers looking for an efficient summary of the law.

New York employers will be pleased to know that Governor Cuomo is expected to sign a bill passed last week amending New York’s Wage Deduction law (Section 193) to permit employers to deduct certain amounts from employee wages to recover wage overpayments and for the repayment of employer loans.

Susan Cohen, Chair of Mintz Levin’s Immigration Section, was recently quoted in the Bloomberg BNA Daily Labor Report article AILA Panel Weighs Pros, Cons to Employers Of Extra Government Scrutiny Under E-Verify.

The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action.

On May 30, 2012, the National Labor Relations Board (NLRB or the Board) Acting General Counsel issued a press release announcing publication of its report on social media, in which it examined seven cases involving policies governing the use of social media by employees. For information pertaining to the earlier two reports.

In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII—even if the employee himself neither raised a claim of discrimination nor engaged in any protected conduct.

Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.”

My colleague, Tyrone P. Thomas, recently published an interesting article in a newsletter National Bar Association newsletter, the Labor and Employment Times.  As beneficial as these programs may be, both to the employee and the employer, a poorly designed and managed professional leave program can create preventable legal, tax, and financial issues.

My colleague, Don Schroeder, recently published an article in the Westlaw Journal of Employment.  In this article, Don examines recent National Labor Relations Board decisions and discusses  NLRB trends that may affect employers and employees.

According to a press release issued today, the EEOC has issued an updated Enforcement Guidance, relating to the use of arrest and conviction records in making employment decisions under Title VII of the Civil Rights Act of 1964.

On April 18, 55% of Citibank’s voting shareholders refused to approve the compensation plan for Citibank’s top five executives, including its Chief Executive Officer.

This case tests the limits of an employer’s attendance policy. Just how essential is showing up for work on a predictable basis? In the case of a neo-natal intensive care nurse, we conclude that attendance really is essential. 

There has been much written about the NLRB rule requiring employers- even those without unionized workforces- to a notice about union rights.  Click here, here, here, and here for earlier blog entries.  On April 17, 2012, the United States Court of Appeal for the D.C. Circuit barred enforcement of the rule, at least for now, while litigation is pending.

California employers, and employers with California employees, have been waiting for the California Supreme Court to decide Brinker Restaurant Corp. v. Superior Court, regarding the scope of an employer’s duty to provide meal periods.

News outlets are all a-twitter about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process. Click here and here, for sample stories. The ACLU has weighed in, with the following statement: