Dennis Anderson was terminated for violating his employer’s policy requiring employees to report their use of prescription drugs, even legal ones, that could cause dizziness or otherwise impair employees. The EEOC alleged that under the drug policy, Product Fabricators made unlawful medical inquiries of employees, failed to keep employees’ medical information confidential, and discharged the claimant because of an unlawful application of the drug policy when the claimant reported an injury while working under the influence of legal prescription drugs.Continue reading this entry
The DOL Gets Creative in Its Efforts to Address the Wage Gap
Posted in Labor RelationsDid you know the DOL was in the application development business?
In May 2011, the U.S. Department of Labor launched its first smartphone application, designed to help employees track their hours worked and wages owed. Continuing this trend of embracing the use of novel technology to help in its enforcement efforts, on January 31, 2012, the DOL, along with its partners on the National Equal Pay Task Force, announced a contest for creating software applications for use to promote pay equality — the Equal Pay App Challenge.Continue reading this entry
Leap Symposium – March 21-23, 2012
Posted in UncategorizedNow in its 8th year, the Labor and Employment Law Advanced Practices Symposium is regarded by many as the most expert and entertaining means of helping HR professionals and employment law attorneys apply practical, real-world strategies to comply with the latest employment law mandates.
Dan Kaplan and Krista Sterken from Foley & Lardner LLP will be speaking at this year’s symposium. By mentioning Foley, you can receive a $100 discount on registration.
Join us at LEAP 2012 and be sure to stop by the Foley & Lardner booth!
For questions regarding registration and the Foley discount please contact Adam Goldstein at agoldstein@nibm.net .
Inner Workings Web Conference – February 23 – 11:30 CT
Posted in Uniformed Services Employment and Re-employment Rights Act (USERRA)Deployment to Employment: Overview Of Military Veterans’ Employment Rights
Compliant employers must know what they have to do; savvy employers should also consider what more they should do.
An array of employment laws protect veterans and their families and incentivize employers to employ veterans. As thousands of troops continue to return home from all over the world to a struggling economy, are you prepared to be compliant with all of these laws? During this Web conference, we will discuss the basics and updates in USERRA, FMLA and ADAAA as these impact veterans’ rights, and we will offer some thoughts about the potential strategic benefits of making specific efforts to hire veterans.
Click here to register.
EEOC Announces Enforcement Statistics and Priorities
Posted in EEOC DevelopmentsLast week, the EEOC released final statistics for the fiscal year ended September 30, 2011 and has issued a draft strategic plan that highlights a particular emphasis on pursuing systemic bias cases. Employers can take note of emerging trends regarding EEOC workplace enforcement efforts from these announcements.
Union Must Prove Changed Circumstances to Overcome Bargaining Impasse
Posted in Labor RelationsOn January 20, 2012, a federal court slapped down the NLRB for insisting that an employer must “test the Union’s stated willingness to move” after impasse is reached. The Board had ruled that an employer committed unfair labor practices when it declared an impasse and implemented a unilateral wage increase because “there was at least professed flexibility” over the sticking point of health insurance. The Court of Appeals for the D.C. Circuit, however, set aside the Board’s ruling of no impasse, finding that it was not supported by substantial evidence.Continue reading this entry
In a Landmark Decision, the Supreme Court Exempts “Churches” From Most Employment Discrimination Statutes Affecting “Ministers”
Posted in Discrimination, Retaliation and HarassmentThe First Amendment of the United States Constitution (U.S. Const. amend. I) provides, in part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This short sentence containing what is known as the Establishment Clause and the Free Exercise Clause, has been the source of a large body of law and scholarly commentary.Continue reading this entry
How Employers Faced With Potential False Claims Act Liability May Avoid Liability for Whistleblower Retaliation
Posted in Discrimination, Retaliation and HarassmentUnder the False Claims Act, a private whistleblower can bring suit on behalf of the federal government to recover funds fraudulently obtained from the government. See 31 U.S.C. § 3730. It is not uncommon for the whistleblower, who can keep up to 30 percent of the government’s total recovery, to be an employee of the defendant. Often, depending on how far along an investigation or lawsuit is, because lawsuits brought under the False Claims Act are initially filed under seal, the company may not even know the identity of the whistleblower for some time. Recently, a wide spectrum of companies — from manufacturing and construction to health care and banking have found themselves grappling with these issues, as they are confronted for the first time with False Claims Act investigations or lawsuits, in many instances instigated by their own employees.
NLRB Declares Arbitration Agreements Prohibiting Class Action Claims Unlawful
Posted in Labor Relations; New and Recent LegislationThe NLRB has decided to enter the fray in a big way as to the enforceability of arbitration agreements that do not allow for arbitration of class claims. On January 3, 2012, the NLRB ruled in D.R. Horton, Inc. and Michael Cuda, that it constitutes an unfair labor practice for an employer to require, as a condition of employment, that employees arbitrate claims as individuals rather than a class, unless a union has agreed to such arbitration provision. The NLRB found that such an agreement interferes with employees’ right to engage in protected concerted activity. This decision is a rebuke by the NLRB of two recent United States Supreme Court decisions: 14 Penn Plaza LLC v. Pyett and AT&T Mobility v. Concepcion. Continue reading this entry
Does Your New Year’s Resolution Involve Purging Records? Before You Do So, You Should Ensure Compliance With Applicable Recordkeeping Laws
Posted in Fair Labor Standards Act (FLSA)In the new year, you may be planning to purge records in an effort to create virtual or physical space and to save money on the cost of storing unnecessary records. However, before you do so, it is important to be familiar with federal and state document retention rules.Continue reading this entry