David B. Weisenfeld at XpertHR - Partnered with LexisNexis

Minnesota Law Will Extend Ban The Box To Private Employers

Minnesota will become the third state with a Ban the Box law that applies to all employers, joining Massachusetts and Hawaii. ...more

5/24/2013

Termination For Failure To Admit Prior Drug Addiction Does Not Violate ADA

An employer that terminated an employee for concealing his prior drug addiction on a job application to be a security guard did not violate the Americans with Disabilities Act (ADA), the 3rd Circuit Court of Appeals has...more

5/2/2013 - ADA Discrimination Drug & Alcohol Abuse Job Applicants Substance Abuse Termination

Supreme Court To Hear Case On Michigan Affirmative Action Ban

The Supreme Court has agreed to hear another major affirmative action case, Schuette v. Coalition to Defend Affirmative Action, No. 12-682. At issue is the legality of Michigan's voter-approved ban of using racial preferences...more

4/9/2013 - Affirmative Action Hiring & Firing SCOTUS Students Universities

Podcast Shines Light On Latest California Employment News

The latest XpertHR podcast features an in-depth look at several new employment law developments out of California, perhaps the most pro-employee state in the nation. Littler Mendelson partner Chris Cobey takes listeners...more

3/29/2013 - Class Action Discrimination Gender Discrimination Hiring & Firing Independent Contractors Local Ordinance Minimum Wage Misclassification Mixed Motive Cases Municipalities Pregnancy Discrimination Termination

NYC Bans Discrimination Against Unemployed Job Applicants

New York City has passed the nation's broadest law thus far to ban employers from discriminating against out-of-work job applicants. The law is the first to permit unemployed individuals who believe they have been victimized...more

3/21/2013 - Attorney's Fees Discrimination Hiring & Firing Job Applicants Unemployment Discrimination

NYC Mayor Vetoes Bill Banning Bias Against The Unemployed

New York City Mayor Michael Bloomberg has vetoed what would have been the nation's broadest law to date to prohibit employers from discriminating against the unemployed....more

2/25/2013 - Discrimination Hiring & Firing Pending Legislation Unemployment Discrimination

New Jersey Could Join Ban The Box Trend

New Jersey legislators have proposed a law to prevent employers in the Garden State from asking prospective employees about their criminal history on job applications. This "Ban the Box" proposal refers to the box often...more

2/13/2013 - Background Checks Ban the Box Criminal Background Checks EEOC Hiring & Firing Job Applicants Title VII

OFCCP Posts Criminal Records Directive

The Labor Department's Office of Federal Contract Compliance Programs (OFCCP) is the latest government agency to state that hiring bans against applicants with criminal records may violate Title VII of the Civil Rights Act....more

2/11/2013 - Arrest and Conviction Records Contractors Criminal Records EEOC Hiring & Firing OFCCP Subcontractors Title VII

K-Mart To Pay $3 Million For FCRA Background Check Violations

K-Mart has become the latest employer felled by the Fair Credit Reporting Act (FCRA). The company announced it will pay $3 million to settle claims that it failed to properly warn job applicants that they could be denied...more

2/1/2013 - Background Checks Criminal Background Checks FCRA Notice Requirements Settlement

Massachusetts Expands Background Check Law To Close Loophole

A new Massachusetts law will require all newly-hired teachers at public and private schools, bus drivers and others working at schools or child care programs with direct unsupervised contact with children, to undergo national...more

1/30/2013 - Background Checks CORI FBI Fingerprints Teachers

Supreme Court To Hear "Mixed Motive" Title VII Case

The Supreme Court has agreed to hear an intriguing case regarding whether an employer can be held liable even if it has a legitimate reason for making an adverse employment decision. The Court announced on January 18 that it...more

1/23/2013 - Adverse Employment Action Discrimination Mixed Motive Cases Nassar Racial Discrimination Retaliation SCOTUS Title VII

Wal-Mart Rolls Out Hiring Plan To Aid Vets

Wal-Mart has announced a plan to hire 100,000 veterans over the next five years. Under the program, the nation's largest retailer pledges to offer a job to any honorably discharged veteran within his or her first 12 months...more

1/18/2013 - Bureau of Labor Statistics Hiring & Firing Veterans Wal-Mart

Supreme Ct. Adds Employment-Related Case To Schedule

The Supreme Court will soon hear a case involving a controversial Port of Los Angeles rule that would require trucking companies to hire their drivers as employees rather than independent contractors. The Court added American...more

1/15/2013 - Appeals Clean Truck Program Independent Contractors Port of Los Angeles Ports Preemption SCOTUS Trucking Industry Trucking Regulations

What To Watch At The Supreme Court In 2013

With the Supreme Court's first oral arguments of 2013 underway this week, there are several employment-related cases of note still awaiting decisions....more

1/10/2013 - Affirmative Action Arbitration COBRA DOMA FLSA FMLA Genesis HealthCare Harassment Hollingsworth Oxford Health Same-Sex Marriage SCOTUS Supervisors Title VII Vance v. Ball State University

Highlights Of 2012 HR Happenings

The 2012 election, the Supreme Court's health care ruling and the infamous fiscal cliff certainly provide plenty of implications for employers. But there were a host of other developments that flew under the radar and merited...more

1/7/2013 - Age Discrimination EEOC Enforcement FLSA NLRB Over-Time Passwords Social Media

Supreme Court Agrees To Hear Arbitration Case

While the Supreme Court's decision to delve into the Defense of Marriage Act attracted front-page headlines, the Court quietly agreed the same day to resolve another case of perhaps greater direct import to employment law....more

12/28/2012 - Arbitration Class Action Oxford Health Physicians SCOTUS

Trio Of New E-Verify Laws To Ring In The New Year

Three more mandatory E-Verify measures will take effect on January 1, 2013 in North Carolina, Tennessee and Pennsylvania respectively. E-Verify is a web-based system employers can use to determine the employment eligibility...more

12/19/2012 - E-Verify

Wilmington, Delaware Adopts Ban The Box Law

Add Delaware's largest city to the growing list of employers that can no longer ask applicants about their criminal history on job application forms....more

12/17/2012 - Ban the Box Criminal Background Checks

Supreme Court Takes Up Same-Sex Marriage

The Supreme Court will address same-sex marriage for the first time in adding a pair of closely-watched cases from California and New York to its schedule. The New York case involves the Defense of Marriage Act (DOMA), the...more

12/12/2012 - COBRA Discrimination DOMA Employee Benefits FMLA Same-Sex Marriage SCOTUS Surviving Spouse

Virginia Mandatory E-Verify Requirement Takes Effect

On December 1, 2012, Virginia joined the growing number of states with mandatory E-Verify requirements. Under HB 737, all Virginia government agencies shall be required to be enrolled in the federal E-Verify program. The...more

12/5/2012 - E-Verify

Sixth Circuit Strikes Down Michigan Affirmative Action Ban

The 6th Circuit Court of Appeals has overturned a Michigan law that banned preferential treatment based on race, sex or national origin in public employment, public education or public contracting. The ruling defeats the 2006...more

11/19/2012

States Pass Host of Ballot Measures Affecting HR

Overshadowed by President Obama's re-election and some hotly-contested Senate races were several notable state ballot measures affecting HR....more

11/11/2012

What Obama's Win Means for Labor and Employment Law

President Obama's historic re-election brings with it a host of HR implications. Chief among them is that the Affordable Care Act (ACA) will remain intact for the foreseeable future. ...more