Expert Compliance Insights & Tips for Businesses

November 18, 2010

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NLRB Seeks to Protect Workers from Social Media Retaliation

The National Labor Relations Board (NLRB), which is increasingly more pro-employee under the Obama administration, is suing American Medical Response (AMR) of Connecticut for firing an employee over remarks she posted on her Facebook page. Annemarie Souza, an emergency medical technician, was sacked after an incident in which a supervisor asked her to respond to a customer complaint but refused...

November 17, 2010

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EEOC Now Pursuing Obesity Discrimination Claims Under ADAAA

The Equal Employment Opportunity Commission (EEOC), tasked with pursuing discrimination claims under a variety of federal laws, has broken new ground by filing a lawsuit for obesity discrimination under the Americans With Disabilities Amendments Act (ADAAA). The ADAAA greatly expands the definition of disability and makes it just as illegal to discriminate against the actually disabled as it do...

November 12, 2010

47 view(s)

OFCCP Stops Including I-9 Audits in Visits

The Office of Federal Contract Compliance Programs (OFCCP), which conducts compliance audits of firms with federal contracts, has announced that it will no longer inspect I-9 employee eligibility forms during its visits. Under a Memorandum of Understanding (MOU) with Immigration and Customs Enforcement (ICE), OFCCP had previously verified I-9 compliance and reported violations to ICE. Under its...

November 11, 2010

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E-Verify Adds Passport Photo Matching

E-Verify I-9 ICE USCIS

Homeland Security Secretary Janet Napolitano and USCIS Director Alejandro Mayorkas yesterday (Nov. 10, 2010) announced the addition of a passport and passport card verification feature on the government's online E-Verify employee eligibility system. “U.S. passport photo matching is another in the long line of enhancements we have made to improve the integrity of the E-Verify system,&rdquo...

November 8, 2010

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Final GINA Regulations Released After Delay

EEOC GINA

It's taken 12 months, but the Equal Employment Opportunity Commission (EEOC) today released its final regulations for the Genetic Information Nondiscrimination Act (GINA). The regulations will be published in the Federal Register tomorrow, and they will go into full effect 60 days thereafter. GINA prohibits the asking or procurement of genetic information about an applicant or employee or their...

November 4, 2010

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ICE Audits Can Snowball into Mass Agency Visits

ICE illegal immigrants

Immigration and Customs Enforcement (ICE) officials report that they conducted 2,200 on-site audits of businesses in FY 2010 to verify employees' eligibility to work in the United States, resulting in a record $50 million-plus in fines. ICE, the enforcement wing of the United States Citizenship and Immigration Service (USCIS), no longer stages round-ups of suspected illegal immigrants...

November 2, 2010

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Disability Discrimination and Retaliation Top List of EEOC Lawsuits

ADAAA disability discrimination EEOC

October 31 marked the end of the first month of the federal government's fiscal year 2011, and the Equal Employment Opportunity Commission (EEOC) announced that it had filed 19 lawsuits against private employers during the month. Tied for the most lawsuits were disability discrimination and retaliation. Oddly enough, with the broadening of the definition of disability in the ADAAA (Americans Wi...

October 27, 2010

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White House Mulls Changing PPACA Grandfathering Clause

The White House and IRS have already delayed and/or modified requirements mandated in the Patient Protection and Affordable Care Act (PPACA), and now the law's grandfathering provision may be altered. Under PPACA, any company that changes its health insurance provider loses its grandfathered status, which would open the company to stricter conditions and regulations--and a potential fine. ...

October 26, 2010

25 view(s)

Equality Act Restricts Health-Related Questioning of Job Applicants

The Equality Act, which became law on Oct. 1, 2010, prohibits an employer from asking a job applicant questions about his or her health. The restriction applies only to pre-hire questioning, meaning that a job can be offered on the condition that the person undergoes a health screening or questionnaire. The catch here, however, is that, should an employer extend a conditional job offer based on...

October 21, 2010

28 view(s)

OSHA Gets Tough on Injury, Illness Under-Reporting

The Occupational Safety and Health Administration (OSHA) recently toughened its standards for investigating companies, specifically manufacturers, that under-report injuries and illnesses. In 2009, OSHA announced a "National Emphasis Program on Recordkeeping" that specifically targeted firms that are thought to have incorrectly reported workplace-related injuries and illnesses. T...

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