Blog
Eleventh Circuit Rehabilitates Racial Harassment Claim
September 27, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g., race, sex, religion, etc.), and (3) severe or pervasive.
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Ninth Circuit Reminds Us of the Breadth of the “Regarded As ” Prong of the ADA
September 27, 2018
To bring a claim of disability discrimination under the ADA, a plaintiff must establish that he or she is entitled to coverage under the act because he or she is actually disabled, is regarded as disabled, or has a record of being disabled.
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Employers with 50-Plus Full-Time Employees Should be Prepared to Respond to IRS Penalty Notices under ACA
September 27, 2018
Late last year, the IRS began enforcing the employer mandate under the Affordable Care Act (the “ACA”) by sending letters to large employers containing proposed Employer Shared Responsibility Payments (“ESRPs”).
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What, #MeToo??
September 26, 2018
It has become an all too familiar story in this age of #MeToo: a supervisor using managerial authority to pressure a subordinate to give sexual favors.
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Do Employers Need to Keep Copies of I-9 Backup Documents?
September 26, 2018
Within three business days of the date the employee begins employment, employees are required to present original documents (not copies of documents) that demonstrate their identity and employment authorization.
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Illinois Employers Now Required to Reimburse Employee Expenses
September 25, 2018
In late August, Illinois Governor Bruce Rauner signed into law an amendment to the Illinois Wage Payment and Collection Act requiring employers to reimburse employees for “all necessary expenditures or losses incurred by [employees].”
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New Law Leads To Revised Fair Credit Reporting Act Disclosure
September 24, 2018
A new “Summary of Consumer Rights” disclosure has been issued by the Bureau of Consumer Financial Protection.
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Wellness Programs: Is Financial-Use Marijuana A Thing?
September 24, 2018
Today’s (fictional) mailbag letter comes from Jay Blunt, the owner of a local publishing company. Jay asks us to help him evaluate an employee’s request that he be permitted to use marijuana (CBD specifically) without penalty under the drug and alcohol policy so that he can quit tobacco and qualify for the financial benefit in the company’s wellness program.
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Employers, Why Don't You Require That Employees Call Two Phone Numbers to Request FMLA Leave?
September 21, 2018
I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but empowering them to play a key role in reducing FMLA abuse.
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DOL Issues New FMLA forms and FMLA Opinion Letter
September 18, 2018
In recent weeks, the federal Department of Labor has been busy addressing various Family and Medical Leave Act (FMLA) issues.
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Consumer Financial Protection Bureau Publishes Revised Model Disclosure Form for FCRA Compliance
September 17, 2018
Last week, the Consumer Financial Protection Bureau (CFPB) issued a new version of the model disclosure entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act.”
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Out With the New and in With the Old? Board Issues Proposed Rule Which Would Restore Prior Joint-Employer Standard
September 17, 2018
On Thursday, September 13, the National Labor Relations Board (the “Board”) signaled its intent to return to its pre-Obama Board test for establishing joint-employer status.
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