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Being Rude is Not an ADA Disability, Ninth Circuit Says

In a recent case, a police officer sued his employer, claiming that his inability to get along with co-workers was actually a disability under the Americans with Disabilities Act (ADA). The officer, who was fired for...more

11/7/2014 - ADA Disability

Record-breaking Settlement for False Claims Act Cases

A company that operates 146 skilled nursing facilities agreed to pay $38 million to the United States and eight states to settle allegations brought under the False Claims Act (FCA). This settlement, brought about by the...more

11/5/2014 - Corporate Integrity Agreement DOJ False Claims Act OIG Settlement Skilled Nursing Facility SNF

Company Pays $210,000 to Settle Age-Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission (EEOC) sued an industrial supply company, alleging age discrimination in recruiting and hiring in violation of the Age Discrimination in Employment Act (ADEA). The company...more

11/3/2014 - ADEA Age Discrimination EEOC Enforcement Actions

Minimum Wage Rising for Workers on Federal Contracts

A new federal rule raises the minimum wage for employees working on federal contracts from $7.25 per hour to $10.10 per hour. The rule will affect employees working under contracts issued for solicitation starting on or after...more

10/29/2014 - Davis-Bacon Act DOL Employee Rights Federal Contractors Minimum Wage New Regulations Service Contract Act

Leading Pharmaceutical Company Fined $491 Million for Bribery

A Chinese court convicted a large British pharmaceutical company of corruption and bribery while doing business in China. As a result, the company must pay a record-breaking fine of $491 million while each of the implicated...more

10/24/2014 - Bribery Chief Compliance Officers China Compliance Corruption Criminal Prosecution FCPA Pharmaceutical Manufacturers UK Bribery Act

Is Firefighter's Fear of Fire an ADA Disability?

Although it might seem strange to suggest that a firefighter's fear of entering a burning building is a disability, that's exactly what a Texas jury decided. In the end, however, the Texas Supreme Court overturned the jury's...more

10/20/2014 - ADA Disability Employer Liability Issues Firemen Reasonable Accommodation

New Law Makes Employers Liable for Temp Agency Violations

A new law that will soon go into effect in California will significantly change the legal relationship between temporary staffing agencies and the companies (“client employers”) that contract with them to use temporary...more

10/15/2014 - Employer Liability Issues Joint Employers New Legislation Staffing Agencies Vicarious Liability Wage and Hour

Networking Company Pays $6 Million for Overtime Violations

The U.S. Department of Labor (DOL) slapped nearly $6 million in fines on a prominent online professional-networking company for violating overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA). The fine...more

10/15/2014 - Compliance DOL Employee Rights Employer Liability Issues Over-Time Unpaid Overtime Wage and Hour Wages

New California Training Requirement on Preventing Workplace Bullying

In California, training supervisors to prevent workplace bullying is now required by law, even though bullying itself is generally not unlawful in California unless it involves a protected characteristic or constitutes...more

10/9/2014 - Bullying Compliance Training Workplace Bullying

Firing Employees for Critical Facebook Comments May Be Unlawful

Employers can sometimes lawfully fire employees for posting critical comments about their jobs on social media, even if employees post the comments on their own time and on their own equipment. However, that's not always the...more

10/6/2014 - Adverse Employment Action Employer Liability Issues Facebook NLRB Protected Concerted Activity Social Media Social Media Policy Social Networks

Retail Chain Sued for Sex Discrimination After Customer Stalks Employee

Sexual harassment in the workplace is typically committed by a supervisor or co-worker. However, employers may be liable for sex discrimination if the harasser is a client or customer. Recently, the U.S. Equal Employment...more

10/6/2014 - Civil Rights Act EEOC Sex Discrimination Sexual Harassment Stalking Title VII

Unpaid Interns Suing for Back Wages Part of Growing Trend

The question of whether employers should pay interns remains a difficult one. While in some fields it is traditional to hire college students and recent graduates as unpaid interns, this can become a costly mistake if a...more

9/26/2014 - Back Pay Employee Rights Employer Liability Issues Internships Unpaid Interns

Hospital Operator Pays $98 Million to Settle False Claims Act Lawsuits

A large operator of acute-care hospitals reached a settlement with the U.S. Department of Justice (DOJ) to resolve multiple whistleblower lawsuits, which alleged the company knowingly defrauded government healthcare systems...more

9/22/2014 - DOJ False Claims Act Healthcare Healthcare Fraud Hospitals Whistleblowers

Mishandling Medical Records Turns Into an $800,000 HIPAA-Compliance Mistake

A non-profit healthcare company agreed to pay $800,000 as part of a settlement with the U.S. Department of Health and Human Services (HHS) for allegedly mishandling 71 boxes of medical records in violation of the privacy rule...more

9/19/2014 - Compliance Data Breach EHR Healthcare HHS HIPAA Medical Records PHI Popular

EEOC Sues Employer for Forcing “Onionhead” Religious Practices on Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued a health network, alleging that the company fired employees who refused to participate in activities that the federal agency claimed were religious...more

9/16/2014 - EEOC Employer Liability Issues Hiring & Firing Onionhead Religious Discrimination Title VII

Proposed FERPA Update Would Strengthen Student Data Privacy

On July 30, 2014, two U.S. senators introduced the Protecting Student Privacy Act, which would update the sections of the Family Educational Rights and Privacy Act (FERPA) that deal with protecting the privacy of students'...more

9/15/2014 - FERPA Legislative Agendas Pending Legislation Personally Identifiable Information Privacy Policy Public Schools School Districts Students

Oklahoma, Louisiana and Rhode Island Continue Trend Enacting New Password-Protection Laws

In 2012, Maryland became the first state to prohibit employers from requiring employees or job applicants to provide passwords to their personal social media accounts. Since then, the trend for states to limit employers'...more

9/10/2014 - Employee Rights Employer Liability Issues Employment Policies Job Applicants New Legislation Passwords Social Media

OSHA To Refer Untimely Whistleblower Complaints to the NLRB

Whistleblower complaints filed under Section 11(c) of the Occupational Safety and Health Act (OSH Act) that might previously have been dismissed because they exceed the 30-day statute of limitations may find new life as...more

9/8/2014 - NLRB OSHA Popular Statute of Limitations Whistleblower Protection Policies Whistleblowers

Worker-Classification Lawsuit Claims Drivers Are Employees, Not Independent Contractors

A class-action suit recently filed in Massachusetts against an on-demand car service alleges the company misclassified its drivers as independent contractors instead of employees. As a result, according to the complaint, the...more

9/2/2014 - Class Action Employee Definition Employer Liability Issues Independent Contractors Misclassification Mobile Apps Wage and Hour

Survey Shows Cybersecurity Danger Worse than Most Retailers Think

There's a huge gap between retailers' perceptions and reality when it comes to cyberattacks and preventing data breaches, according to a new study from Dimensional Research and Tripwire. When asked how quickly their...more

8/29/2014 - Cyber Attacks Cybersecurity Data Collection Internet Retailers Popular Retailers

Court Upholds Employer’s Inflexible Leave Policy

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act...more

8/27/2014 - ADA Disability Disability Discrimination EEOC Employer Liability Issues Paid Leave Unpaid Leave

EEOC Warns English-Only Policies May Be Pretext for Illegal Discrimination

While requiring workers to be fluent in English or to speak English in the workplace isn’t unlawful, per se, an English-only policy may be seen as a pretext for unlawful national-origin discrimination in violation of Title...more

8/25/2014 - Civil Rights Act Discrimination EEOC Employer Liability Issues English-Only Rules National Origin Discrimination Title VII

Post on Personal Facebook Page May Violate the ADA

A recent federal court decision underscores the importance of ADA compliance and medical confidentiality. In this case, an employer could end up being liable because an employee posted confidential medical information...more

8/18/2014 - ADA Confidential Information Confidentiality Disability Employer Liability Issues Popular Social Media

Federal Jury Awards $4.7 Million in Workplace Bullying Case

An employee of a Brooklyn, New York clothing store was awarded $4.7 million by a federal jury after being repeatedly bullied by a co-worker and ultimately physically attacked. The award was for assault, emotional distress,...more

8/15/2014 - Bullying Employer Liability Issues Hazing Intentional Infliction of Emotional Distress Popular Workplace Bullying Workplace Violence

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