The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more
9/28/2018
/ Background Checks ,
Credit Checks ,
Credit Reports ,
Criminal Background Checks ,
Employee Credit Checks ,
Employer Liability Issues ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Job Applicants ,
Notice Requirements ,
Screening Procedures
Title VII of the Civil Rights Act of 1964 protects employees from workplace harassment. As most employers know, these protections apply not only to behavior by co-workers and supervisors but also to harassment by customers,...more
In addition to OSHA rules, many safety-sensitive businesses use ANSI or other standards organizations’ guidelines to develop their safety programs. Earlier this month, the Eighth Circuit Court of Appeals affirmed dismissal of...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs has made the review of federal contractor’s compensation practices a top enforcement priority. On August 24, OFCCP issued a new directive...more
Under the National Labor Relations Act, unionized employers cannot make material changes to terms and conditions of employment without entering into bargaining with the union. Last month, the National Labor Relations Board...more
As widely expected, on Friday, the National Labor Relations Board issued proposed regulations intended to reverse an Obama-era board decision that greatly expanded the definition of joint-employers subject to NLRB...more
In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance dealing with employer use of criminal background checks in the hiring process. The agency concluded that widespread use of such checks...more
The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more
9/12/2018
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Conditional Job Offers ,
Corporate Counsel ,
Disability Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Medical Examinations ,
Screening Procedures
Last month, the federal Department of Labor issued a series of opinion letters addressing various questions under the Family and Medical Leave Act and Fair Labor Standards Act. One interesting interpretation involved whether...more
In March, Congress nullified prior U.S. Department of Labor regulations that significantly limited states’ ability to mandate drug testing as a condition of receiving unemployment benefits. The joint resolution stated that...more
Most employers understand that with appropriate disclaimers, they have the right to monitor employee use of the company’s electronic communication systems. With that said, unhappy employees continue to attempt to use federal...more
Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more
Over the past month, the Equal Employment Opportunity Commission has filed a series of lawsuits targeting alleged harassment and retaliation situations. The EEOC has filed the suits in coordinated waves, spread out in...more
In its recent term, the U.S. Supreme Court held in Epic Systems Corp. v. Lewis that the National Labor Relations Act does not prohibit mandatory arbitration agreements requiring that employment disputes be subject to...more
On occasion, we read case reports that make us wonder why an employer litigates a claim that appears to be based on rigid adherence to work rules that do not make a whole lot of sense. A recent example is a decision from the...more
In its 1998 Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment can violate Title VII’s gender discrimination prohibitions. However, the court noted that in order to demonstrate violation of the...more
When an employer moves for summary dismissal of a plaintiff’s employment discrimination or harassment claim, it must show that there is no genuine issue of material fact in dispute, thereby allowing the judge to make a...more
A recent New York Times article describes a new policy by WeWork, a company that provides office space to startups and other ventures. The policy prohibits the serving of meat on company premises or at company functions, and...more
Despite changes to the composition of the National Labor Relations Board over the past year, the NLRB’s position with regard to protection of employee social media discussions remains unchanged. Last month, the NLRB affirmed...more
State legislatures across the U.S. are considering proposals that would restrict or even eliminate the use of post-employment noncompetition agreements. This debate has been prompted by concerns that broad noncompetes hinder...more
Employers naturally have concerns over employee use of prescription or over-the-counter medications that could affect safe or effective performance of job duties. However, the Americans with Disabilities Act restricts...more
The Eighth Circuit Court of Appeals last month affirmed a criminal conviction and $500,000 penalty assessed against a construction company accused of failing to follow fall protection rules, leading to the death of an...more
In 2016, the Obama administration’s Occupational Safety and Health Administration issued regulations requiring certain companies to electronically file annual employee occupational illness and injury information. This...more
Last month, the U.S. Department of Labor drove a stake into the heart of the Obama administration’s so-called “persuader” rule. This rule interpreted federal labor law to require employers to disclose their use of legal...more
Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more
8/1/2018
/ Anti-Harassment Policies ,
Appeals ,
Dismissals ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Remand ,
Retaliation ,
Reversal ,
Sexual Harassment ,
Supervisors ,
Title VII