Tag Archives: Employment Law

Federal Court Shoots Down EEOC Subpoena

EEOC Developments
Employers facing Equal Employment Opportunity Commission (EEOC) charge investigations may find themselves on the receiving end of overly broad, unduly burdensome and/or irrelevant information requests from the EEOC. If an employer refuses to comply with the requests, the EEOC has the authority to issue a subpoena.  However, the agency’s subpoena power is not without limitations. … Continue reading this entry

HIPAA for HR - Some Good News for Employers

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) issued by the U.S. Department of Health and Human Services established detailed national standards for the protection of … Continue reading this entry

“But Our Vendor Handles Everything — How Can We Still Have Fiduciary Liability?”

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As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party administrators and financial advisers hired to manage the operations and investments of 401(k) plans to administrative service organizations and pharmacy benefit … Continue reading this entry

Another Joint Employer Test Makes Its Debut

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On January 25, 2017, a federal appeals court that covers Maryland, Virginia, West Virginia, and North and South Carolina was the latest to craft a joint employer test, holding that a Maryland general contractor was the joint employer of its drywall subcontractor’s employees. As a result, the contractor was responsible for unpaid wages, including overtime, … Continue reading this entry

Trump’s SCOTUS Nomination May Impact Employee Class Waiver Agreements

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President Trump is not wasting any time acting on several of his campaign promises. Whether or not the administration’s actions align with those campaign promises, however, is yet to be seen.… Continue reading this entry

You May Have a Failure to Communicate — State Notice Requirements Are Plentiful

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Your company probably makes written offers of employment. After all, it makes good sense — it confirms basics about the job, such as the position being offered and pay rate.  For the applicant, it makes clear the terms of the offer and any conditions, such as passing background screening. But, an offer letter may also … Continue reading this entry

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

Discrimination
You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you notice that seven employees still have not gotten their vaccinations, two weeks after the deadline. When you email them to … Continue reading this entry

What to Do When OSHA is at Your Door

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You arrive at work bright and early, only to find that someone beat you there — OSHA is waiting to perform an inspection. Now what? Many employers think they have little say in what happens next. Actually, employers have many choices to make, starting as soon as OSHA arrives. The first thing step is simply … Continue reading this entry

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

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As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own overtime rules — New York. Effective December 31, 2016, the New York Department of Labor amended its minimum … Continue reading this entry

The Revised Persuader Rule — An Obituary

EEOC Developments
The “Persuader Rule” — Brief Background After several years of review and public comment, on March 24, 2016, the U.S. Department of Labor (DOL) issued its new interpretation of the so-called “Persuader Rule.” The new interpretation changed more than 50 years of DOL policy under which employers and consultants had no duty to report “persuasive … Continue reading this entry

EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position

EEOC Developments
As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other private company information. Similarly, the EEOC has sought to expand the scope of federal civil rights laws in a number of areas, … Continue reading this entry