Title VII of the Civil Rights Act of 1964 and other laws prohibiting harassment on the basis of protected categories extend to harassment by customers, and employers can be held liable if they don’t take action to put a stop to it. That point was made clear by the U.S. 10th Circuit Court of Appeals in […]
CAN AN EMPLOYER BE RESPONSIBLE FOR HARASSMENT BY A CUSTOMER/CLIENT? Read More »
The National Labor Relations Board (NLRB) has set two days of meetings in April to hear opinions on proposed changes to rules governing union representation elections. The NLRB will meet for April 10-11 at its headquarters in Washington, D.C., to allow members of the public to present their views on what pro-business interests have labeled
NLRB SETS PUBLIC MEETING ON PROPOSED CHANGES TO UNION ELECTION RULES Read More »
In the early 2000s, corporate and accounting scandals involving Enron, Tyco, WorldCom, and other publicly traded companies cost investors billions of dollars and prompted federal legislation to reform corporate financial practices. The Sarbanes-Oxley Act (SOX) covers everything from mandatory financial disclosures to enhanced penalties for white-collar crime to requiring a company’s CEO to sign corporate tax
UNITED STATES SUPREME COURT EXPANDS SARBANES-OXLEY WHISTLEBLOWER PROTECTION Read More »
Under the federal Fair Labor Standards Act (FLSA), nonexempt employees must be paid overtime compensation for work they perform for their employer’s benefit in excess of forty (40) hours in any workweek. Work performed remotely, such as responding to e-mails on a smartphone or drafting a report on a laptop at home, could push an employee’s work hours
MOBILE DEVICES AND OVERTIME Read More »
In 2013, the Family and Medical Leave Act notice was revised to reflect changes to that law. Specifically, the definition of “Veteran” was revised to include both those who serve and those discharged in the past 5 years (previously it was only those who serve). The explicit definition of “Serious Injury or Illness” was removed
WORKPLACE POSTER UPDATE Read More »
A new law which went into effect on January 1, 2014, increased New York employers’ contributions to the state’s unemployment compensation program. Earlier in 2013, legislation was enacted in response to the insolvency of the Unemployment Insurance Trust Fund and the state’s need to repay $3.5 billion borrowed from the federal government to cover increased
NEW YORK LAW ON UNEMPLOYMENT TAXES TOOK EFFECT ON JANUARY 1, 2014 Read More »
A law which went into effect on October 29, 2013 means employees of New York hospitals and residential healthcare facilities may not smoke anywhere on the grounds or within fifteen (15) feet of any entrance or exit to a building or the grounds of such facilities. The law allows a narrow exception for patients of
SMOKING BANNED AT NEW YORK HOSPITALS AND RESIDENTIAL HEALTHCARE FACILITIES Read More »
There are some common mistakes that employers make when preserving evidence. This can negatively impact a company’s ability to defend against legal actions brought by current and former employees. Below are some tips on how to avoid these mistakes. Videotapes Sometimes security cameras capture employee misconduct. Video evidence of misconduct could deter litigation or be
PRESERVING EVIDENCE IN CASE OF A LAWSUIT Read More »
On November 8, 2013 the Obama administration released final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The MHPAEA is designed to make sure mental health and substance use disorder benefits offered by health plans are in parity with the medical and surgical benefits the
FINAL REGULATIONS TO THE MENTAL HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 RELEASED Read More »
The Genetic Information Nondiscrimination Act of 2008, or GINA, prohibits covered employers, which includes all employers subject to Title VII of the Civil Rights Act of 1964, from using genetic information when making employment decisions. Because GINA just became law a few years ago and its scope is fairly
OVERVIEW OF THE GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 Read More »