Robert Hoffer

Workplace Wellness Programs and GINA: Are Employers In Compliance?

Congress enacted the Genetic Information Nondiscrimination Act ("GINA") in 2008 in response to concerns that advancements in the field of genetics could lead to discrimination against individuals in the areas of health insurance…more
| Labor & Employment Law

Hiring the Convicted Criminal (or Not)

The EEOC recently released new guidance for employers explaining when criminal records may be used by employers in making employment decisions without violating Title VII of the Civil Rights Act of 1964 ("Title VII"). Although…more
| Labor & Employment Law

Employers Beware - The Arrest May Be a Real Problem!

The EEOC recently released new guidance to employers explaining the parameters of using criminal records in employment decisions without violating federal law. An employer's policy of not hiring anyone with an arrest record…more
| Labor & Employment Law

Supreme Court's Decision on Federal Arbitration Act

In the recent case of Marmet Health Care Center, Inc. v. Brown, the United States Supreme Court issued a ruling on two consolidated cases involving negligence suits against nursing homes in West Virginia. The key issue in these…more
| Health, Labor & Employment Law

Payroll Tax Cut and Jobless Benefits Extended

On February 17, the U.S. Senate and the House of Representatives both voted to extend the 2% payroll tax cuts for the rest of 2012. This new legislation is a "bill to extend the payroll tax holiday, unemployment compensation,…more
| Labor & Employment Law

Social Media Issues Infiltrating The Workplace

* What are some social media sites impacting employers today? Facebook, LinkedIn and Twitter are a few of the social media sites being utilized by employers and employees. Studies indicate that the use of social media sites…more
| Labor & Employment Law

Supreme Court USERRA Case

On March 1, 2011, the U.S. Supreme Court announced a decision that will have far reaching effects on employers everywhere. The plaintiff filed suite under the Uniformed Services Employment and Reemployment Rights Act of 1994…more
| Labor & Employment Law

GINA Says: Employers Take Care To Avoid Genetic Discrimination

At one time or another, whether at the doctor's office or when applying for health insurance, most of us have been asked about our family medical history. But if you are an employer, this question can no longer be…more
| Labor & Employment Law

Can I Have A Job?

As the job market slowly opens up with new opportunities for the many employees who were terminated as a result of the economic downturn, a new set of challenges is on the horizon for employers looking to replenish their…more
| Labor & Employment Law

Social Networking - Aren't You My Friend?

The increasing utilization of internet social networking raises new issues for employee privacy. Through social networks such as Facebook, Twitter and LinkedIn, employers have access to their employee's conduct and admissions,…more
| Labor & Employment Law

Employment Claims Are Up - How Can You Protect Your Company?

Over 5.1 million jobs have been lost since December 2007. Employment and age discrimination claims filed with the EEOC have risen sharply as well. What can you do to protect your company? 1. All severance should be…more
| Labor & Employment Law

Workplace Retaliation: Rarely Effective, Often Costly

Workplace retaliation claims have become increasingly prevalent in recent years. Most federal and state anti-discrimination laws contain retaliation provisions which protect employees if they complain about discrimination in…more
| Labor & Employment Law

Are My T's Crossed?

One of the most common questions from employers is "Can I terminate this employee?" With the increase in employment litigation, employers are wise to do an analysis of each potential termination to ensure that the case is…more
| Labor & Employment Law

Ohio Smoking Ban Clouds Issue of Employee Rights

Last November, Ohio voters overwhelmingly approved a law banning cigarette smoke from all public places and "places of employment." In neighboring Kentucky, smokers can sue when their employers treat them differently than…more
| Labor & Employment Law

EPL Insurance - Make Sure You Ask The Right Questions

Over the last several years there has been a significant increase in the amount of employment claims brought against employers. Employers have explored different ways to protect their businesses. The insurance industry…more

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