In June 2011, the Labor Department dropped a bombshell, proposing that the advice exception be substantially narrowed because the broad reading of the exception had resulted in the 'underreporting' of persuader activity.
As Littler Mendelson's Garry Mathiason says, 'There are always some surprises from the Supreme Court.'
In the wake of HireRight Solutions' $2.6 million penalty, background screening services are under greater scrutiny.
The Equal Employment Opportunity Commission is acting for a Texas mother who was fired days after she asked her employer about a room to pump breast milk. A judge ruled that after the woman gave birth the former employee 'was no longer pregnant and her pregnancy-related conditions ended.'
A new study reveals supervisors must go past detection and aid in enforcement of substance-abuse policies to deter use of alcohol and drugs on the job.
No court has specifically addressed the legality of a social media background check. 'Privacy is very much a floating concept,' one expert says.
Such discrimination claims may seem frivolous but legal experts say employers should take them as seriously as they would any harassment complaint.
As part of our 90th anniversary, Workforce Management is talking to some of the people and organizations that helped influence today's workplace. In this installment, Workforce Management contributor Matthew Heller talks with former U.S. Attorney General Nicholas Katzenbach about the development of the Civil Rights Act of 1964, the problems the Kennedy and Johnson administrations faced, and how the legislation has evolved and how successful it has been over the years.
The ‘ominous warning signs’ of an ethics decline, says the Ethics Resource Center in a new survey, include a sharp increase in retaliation against employee whistle-blowers.
The Supreme Court is expected to rule by June on whether the individual mandate is constitutional. And if not, can it be severed from the rest of the Patient Protection and Affordable Care Act?
The case of a worker at a popcorn packaging facility who was fired for criticizing a supervisor in a Facebook posting has attracted the most interest, as it ‘highlight[s] what is likely to become the NLRB's new test for deciding whether the action for which an employee was disciplined was so out of line that it lost the protection of the NLRA.'
Though a federal mandate for the employee eligibility check could face strong opposition, President Barack Obama and Mitt Romney, seen by many as the frontrunner for the Republican nomination to face Obama in the November election, have voiced support for a federal mandate.
At stake is a case that could not only determine whether they are eligible for millions of dollars in unpaid overtime but also could affect the livelihood of other workers who ‘promote' products.
While meal-period laws vary nationwide, California is among the states wrestling with how far employers should go in policing meal and rest breaks.
Recently signed California legislation comes just weeks after the Labor Department announced a memorandum of understanding with the IRS that, Labor Secretary Hilda Solis said, would bring the agencies together ‘to end the practice of misclassifying employees.'
Experts recommend that employers establish and enforce policies about talking or texting while driving on the job. As many companies have discovered, distracted drivers are a liability to themselves and other motorists—as well as the employers for whom they work.
The high court, which went back to work Oct. 3, has so far received petitions to review four separate health reform cases, and the Justice Department is expected to ask the court to overturn an August decision in which the 11th Circuit Court of Appeals struck down the law's individual mandate.
More than a dozen states already have such laws and adding Texas to that group was a major coup for the gun rights lobby. Two previous bills had failed in the Legislature before SB 321—known as the Employee Parking Lot Bill—passed in May and was signed into law by Gov. Rick Perry.
Lawyers for employers say a court decision that upheld the termination of a bipolar employee balances the legal obligation of employers to accommodate a worker’s disability with their responsibility to provide a safe workplace. But lawyers for that employee say the appeals court gave employers far too much latitude.
In a case that began in 2004, the jury in the U.S. District Court in Detroit dashed the hopes of 359 former loan officers by finding that Quicken did not misclassify them as “administrative” employees exempt from overtime compensation.
A recent court decision offers confirmation on the practice of spying on employees as a valuable—and legal—tool for fighting FMLA fraud.
Employers find that setting up compressed work schedules can be a bureaucratic minefield. While in theory the state’s law promised ‘workplace flexibility,’ in practice it imposes rigid procedural requirements on employers, who could be exposed to an employee claim for unpaid overtime if they make just one false step.
Many employers are going well beyond the typical criminal record check in screening job candidates—looking into civil records like lawsuits and even divorce filings. But experts say the information needs to be handled with extreme care.
Although federal law does not explicitly prohibit organizations from firing transgender workers, that doesn’t mean companies won’t be sued for such terminations. Nine states and almost 100 local jurisdictions, from Key West, Florida, to Tacoma, Washington, have passed laws protecting transgender employees in the workplace.
While employees of private companies have no protection for workplace speech under the Constitution, they do enjoy various "extraconstitutional" protections. The Supreme Court's recent decision could have the effect of narrowing some of those safeguards, legal experts say.
The business case for fostering an inclusive work environment, rather than the threat of litigation, largely drives the decision to extend protections.
Companies are urged to make sure they can show that such screenings relate to a job's requirements.
The cap on H-1B visas will likely be reached by early spring. Premium processing--at a cost--is one way to secure them.
If the ruling is upheld, even workplaces where discussion of potential offensive matters is part of the job would have to crack down, says an attorney for the shows producers.