Criminal Law, Labor & Employment Law, Civil Rights

Criminal Background Checks Prone To Errors And Discrimination

by Intermountain Legal on 5/20/2013

A school bus driver with numerous DUI convictions. A nursing home attendant with several arrests for violent assault. An accountant who served time in jail for banking fraud. You are more likely to read a news story about a...more

'Loss Prevention’ Isn’t About Saving Your Job

by Michele Bowman | Lawyers.com on 5/2/2013

Things can change fast at your job, but one thing hasn’t changed much over the years: employers’ use of “loss prevention” strategies to monitor, prevent, and punish internal theft and fraud. If your employer’s loss prevention...more

Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?

by Joanna Rich, Salvador Simao | FordHarrison on 4/2/2013

March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wide range of risks for employers, from...more

Could Innocent Employers Go to Jail? Sex, Gender Identity and Phoenix’s New Criminal Ordinance

by Sara J. Agne, Robert Feinberg | Snell & Wilmer L.L.P. on 3/4/2013

Opponents of newly approved amendments to the city of Phoenix’s Human Relations Ordinance (the Ordinance) had worried that the amendments could result in criminal penalties for employers and others who might bar transgender...more

Milwaukee Common Council President Proposes Change In Way Milwaukee Police Department Chief Is Hired

by Samster, Konkel & Safran, S.C. on 2/4/2013

Currently the City of Milwaukee Fire and Police Commission (“FPC”) hires the Chief of the Milwaukee Police Department (“MPD”). Recently, several high-profile incidents, such as the death of Derek Williams in MPD custody and...more

New Jersey's Medical Marijuana Law Impacts Employers

by CJ (Candida) Griffin, Esq. on 1/14/2013

The New Jersey Compassionate Use Medical Marijuana Act raises a slew of issues for employers that have yet to be fully explored and resolved in litigation. New Jersey employers must have an ongoing relationship with an...more

Can You Be Fired for Using Medical Marijuana?

by Michele Bowman | Lawyers.com on 1/11/2013

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive...more

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or...

by Lisa E. Cleary | Patterson Belknap Webb & Tyler LLP on 1/9/2013

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more

Milwaukee Fire And Police Commission To Revisit Its Decision To Rehire Fired Police Officer

by Samster, Konkel & Safran, S.C. on 12/10/2012

At its meeting on Thursday night, December 6, 2012, the City of Milwaukee Fire and Police Commission ("FPC") announced that it would reconsider its decision to reinstate Milwaukee Police Department ("MPD") Officer Richard...more

Top 12 Immigration Mistakes Employers Made In 2012

by Shanon R. Stevenson | Fisher & Phillips LLP on 11/21/2012

Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list. Here are the top 12 immigration mistakes employers made in 2012...more

Labour Notes - November 2012

by Dentons on 11/13/2012

In This Issue: - Workplace Confidential? Supreme Court Rules That Employees Have Right To Privacy Over Their Work Computer - Q & A . . .2 - Progress of Legislation ..Federal . . . 3 ..Ontario ....more

Newark Ordinance Restricts Employers’ Use of Criminal Background Checks

by Morgan Lewis on 11/9/2012

Employers may not run criminal background checks until after a conditional offer of employment is made and may only run checks on those working in "sensitive" positions. Effective November 18, most employers that operate...more

City Of Newark Passes Ordinance Restricting Criminal Background Checks And Inquiries

by Mark Diana, Evan J. Shenkman, Allyson M. Smith | Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/15/2012

Effective November 18, 2012, employers that have five or more employees, and do business or take applications for employment within the City of Newark, are generally prohibited from conducting criminal history inquiries on...more

Education Update, No.4, October 2012: "Dear Colleague . . . "

by Fisher & Phillips LLP on 10/4/2012

With that disarming salutation, a little over a year ago Vice President Joe Biden and Secretary of Education Arne Duncan announced new Department of Education mandates, issued under Title IX of the Education Amendments of...more

Five Years Later, Overruled Statute on Religious Discrimination in Connecticut Remains On the Books

by Pullman & Comley, LLC on 8/24/2012

As I get closer to the five year anniversary of this blog next month, I continue to take a look again at topics I covered early on. One of those topics was the oft-overlooked statute of Conn. Gen. Stat. 53-303e. That...more

Supreme Court Ruling on Arizona Law Has Broad Impact

by Ronald Shapiro on 7/5/2012

When the U.S. Supreme Court issued its ruling on the Arizona immigration law last week, public scrutiny of the decision was short-lived because it was eclipsed by the subsequent ruling on the Patient Protection and Affordable...more

California Employment Law Notes - May 2012

by Proskauer - California Employment Law on 5/30/2012

In This Issue: - Employers Need Only Provide (Not Ensure) Meal And Rest Breaks Brinker Rest. Corp. v. Superior Court, 53 Cal. 4th 1004 (2012) - Employees Did Not Violate Federal Statute By Misappropriating...more

Sexual Harassment Policy

by WASIM AKHTAR on 5/18/2012

Government of Pakistan announced Sexual harassment policy 2012...more

Justices Seem Open To Upholding Ariz. Immigration Law

by Mintz Levin - Immigration on 5/1/2012

Originally published in Law360, New York (April 25, 2012, 4:53 PM ET) The federal government appeared to find little support at the U.S Supreme Court on Wednesday for its arguments that one key provision of Arizona's...more

Sexual Assault on Employee by Supervisor: Employer and Supervisor Liable for $620K

by Dentons on 3/22/2012

The Ontario Court of Appeal has upheld a jury award of $470,000 in damages, plus a costs award of $150,000, against an employer and a supervisor for the supervisor’s sexual assault of an employee. The employee, a...more

February Visa Bulletin, EB-2 For China And India Moves 12 Months And Other Immigration Law Updates

by Duane Morris LLP on 1/19/2012

In This Alert: •February Visa Bulletin, EB-2 for China and India Moves 12 Months •USCIS Ameliorates I-601 Waiver Policy for Immigrants Subject to the 3/10 Year Bar •Five States Add E-Verify Requirements for...more

Editor’s Choice: Top Five Legal News Stories of the Day

by Lawyers.com on 12/30/2011

Here are some news items we thought would interest you. • Parents win record-setting $150 billion over son’s injuries, death. For Robert Ray “Robbie” Middleton, the fun and happiness that comes with a birthday didn’t...more

Sound Investigation Policy and Employer Liability in Race and Sex Harassment Cases

by Ernest Guiste on 8/30/2011

Implementing policies prohibiting race and sexual harassment in the work environment is not enough. Too many employers I come across in my work as a lawyer do not have any form of investigation policy attached to their...more

Siskind's Immigration Bulletin – March 11, 2011

by Gregory Siskind on 3/14/2011

In This Issue: 1. Openers; 2. ABCs of Immigration Law: J-1 Visas for Exchange Visitors; 3. Ask Visalaw.com; 4. Border and Enforcement News: Border apprehensions down 36 percent, says CBP, ICE announces more audits of...more

[TWIC] Identity Card is US Maritime Hobgoblin

by John A. C. Cartner on 2/17/2011

The identity card for US transportation workers has been an expensive disaster in technical and civil liberty terms, and has brought no discernible security benefits. The hobgoblin of little minds lies in dull and mindless...more

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