Expert Compliance Insights & Tips for Businesses

September 13, 2012
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Appellate Panel Hears Arguments on Legality of NLRB Employee Rights Poster Mandate

NLRA NLRB
A panel of judges for the U.S. Circuit Court of Appeals for the District of Columbia has begun hearing arguments on whether the National Labor Relations Board (NLRB) has the authority to require the posting of a National Labor Relations Act (NLRA) employee rights poster. Yesterday, business groups met with the judges to present their side of the argument, which is that the mandate is beyond the...
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September 13, 2012
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Cost of Great Recession Estimated to Be $12.8 Trillion

A nonprofit group has cobbled together information from various sources to put forth an estimate on the cost of the Great Recession that began in 2007 and was epitomized the next year by the colossal collapse of Lehman Brothers. According to the public interest group Better Markets, the nation suffered a loss of $12.8 trillion in direct costs and reduced gross domestic product (GDP) because of ...
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September 10, 2012
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FMLA Retaliation Suit Yields Back Wages and Lost Overtime

A recent court case has added a new dimension to Family and Medical Leave Act (FMLA) retaliation lawsuits -- awards for lost overtime wages on top of regular pay during the period following termination. In the case of Pagan-Colon v. Walgreens of San Patricio Inc., the 1st Circuit Court of Appeals awarded the plaintiff both lost wages and estimated overtime pay in a case involving wrongful termi...
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September 7, 2012
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EEOC Seeks Input on Strategic Enforcement Plan

The Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Enforcement Plan (SEP), Comments must be submitted by 5 p.m. ET on Sept. 18, 2012, at [email protected] or received by mail at Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, D.C. 20507.  The co...
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September 6, 2012
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Revised, Expanded Form I-9 Nears Completion

After receiving more than 6,000 comments, the United States Citizenship and Immigration Service (USCIS) has further revised the Form I-9 used by all employers to verify and document the legal right of their employees to work in the United States. The old I-9 expired on Aug. 31, 2012, but the USCIS has deemed use of the expired form perfectly legal until it can get the new form finalized, approv...
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September 4, 2012
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NLRB Joins EEOC in Forbidding Blanket Workplace Gag Orders

The National Labor Relations Board (NLRB) has ruled that companies cannot employ a "blanket" policy to bar workplace discussions of ongoing investigations without violating Section 7 of the National Labor Relations Act (NLRA).  (In a similar way, the Buffalo field office of the Equal Employment Opportunity Commission ((EEOC)) recently said basically the same thing regarding ...
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September 1, 2012
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Seattle Sick Leave Law Takes Effect Labor Day Weekend

paid time off Seattle sick leave law
Seattle joins Washington, D.C., and San Francisco today as the only government entities to venture where even the federal government and all states except Connecticut have dared not go when its mandated sick leave law takes effect. In general, workers in Seattle will accumulate one hour of paid sick leave for every 40 hours worked beginning Sept. 1, 2012, provided they work at least 240 hours a...
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August 31, 2012
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Low-Paying Jobs Replacing Mid-Level Positions in Recovery, Study Finds

The hamburger-flipping mantra of the 1980s seems to be playing out at last. Back then, critics of the 1983 recovery claimed the new jobs being created were all, or mostly all, hamburger-flipping positions. That scenario is closer to the truth now that we're deep into the new century. A study released yesterday purports to show that, though 60 percent of the jobs lost during the Great Recess...
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August 30, 2012
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Publicly Traded Companies Face Further SEC Scrutiny for I-9 Violations

Chipotle
In a much-publicized case, an I-9 audit of the Chipotle fast-casual restaurant chain in Minnesota resulted in the company's dismissing 450 employees as unverified workers. Subsequent to that, Immigration and Customs Enforcement (ICE) officials carried out further audits of the Chipotle chain nationwide, including sites in Washington, D.C. When the Securities and Exchange Commission (SEC) go...
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August 29, 2012
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EEOC to Explain ADAAA on Cross-Country Tour

ADA ADAAA
Two Commissioners of the Equal Employment Opportunity Commission (EEOC) will go on a cross-country tour in September to explain and discuss the landmark Americans with Disabilities Act Amendments Act (ADAAA). The series of training seminars is aimed at employment law practitioners, human resource and equal employment opportunity/diversity specialists, and managers dealing with issues of reasona...
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