Littler

Table of Contents: I. EXECUTIVE SUMMARY 1 II. USE OF CRIMINAL RECORD CHECKS IN EMPLOYMENT 3 A. Use of Criminal Record Checks by Employers 3 B. Role of Title VII in Use of Criminal Records 4 III. THE EEOC’S APRIL…more

Employers in Connecticut have a duty to protect employees from harassment based on sexual orientation that is just as compelling as their duty to prevent workplace harassment based on race, sex and other protected…more

Introduction Two different, but interrelated, phenomena have been occurring over the last decade that are radically reshaping the work environment at many companies. The first is commonly referred to as the “Consumerization…more

When the National Labor Relations Board adopted a new rule in December 2011 modifying certain NLRB election procedures, there was substantial speculation about how these changes would be implemented and their practical effect…more

In December 2010, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Kaplan Higher Education Corporation ("Kaplan") in federal district court in Ohio, alleging that Kaplan's use of credit checks as part…more

For the past few years, the Equal Employment Opportunity Commission (EEOC) has publicly discussed the need to update its enforcement guidance concerning the use of arrest and conviction records in hiring and employment. This was…more

The IRS has promulgated proposed regulations that would permit travel expenses incurred while not away from home to nonetheless be tax exempt to employees. The proposed regulations are a follow up to IRS Notice 2007-47, 2007-1…more

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently ruled, in what many have described as a ground-breaking decision by the Commission, that a complaint of discrimination based on "gender identity,…more

Recent years have brought many challenges by 401(k) plan participants contesting either the reasonableness of fees charged to them for various administrative and investment-related services or the adequacy of the disclosure of…more

As summer approaches, many employers are making plans to welcome an incoming class of summer interns. Historically, internship programs have offered employers a valuable opportunity to meet and evaluate potential new hires. For…more

On April 12, 2012, the Division of Labor Standards Enforcement (DLSE) substantially revised its template notice form ("Notice") and once again amended its FAQs regarding an employer's obligations under California's Wage Theft…more

Maryland has become the first state to pass a bill, the User Name and Password Privacy Protection Act (SB 433/HB 964) (the "Act"), that bans employers from asking employees and applicants for social media passwords and login…more

After three years, the California Supreme Court has finally issued its much-anticipated decision regarding how employers must manage meal periods and rest breaks. On April 12, 2012, the state's highest court issued its unanimous…more

The advent of Health Care Reform has not lessened the importance of complying with existing Employee Retirement Income Security Act (ERISA) and Internal Revenue Code requirements for employer-provided group health plans, such as…more

After three days of oral arguments last week, the fate of the Patient Protection and Affordable Care Act (ACA) now lies in the hands of the nine Supreme Court justices. What, if any, provisions of the sweeping health care reform…more