Articles by Girish Anand

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...

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...

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...

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 ...

September 1, 2012

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Seattle Sick Leave Law Takes Effect Labor Day Weekend

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...

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...

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...

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...

August 29, 2012

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401(k) Employer Matches Make a Rebound

401(k) Charles Schwab Corp. retirement plans

When economic troubles began percolating in 2007-2008, many companies dropped their 401(k) matching-contribution programs to save money. Now a survey by the Charles Schwab Corp. shows that not only has that trend been reversed, but more companies are now offering matching contributions than before the onset of the so-called Great Recession. The Schwab study says the percentage of companies offe...

August 27, 2012

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OSHA Details Removal Process for Companies on SVEP

DEP OSHA SVEP

The Occupational Safety and Health Administration (OSHA) since the program's inception in 2010 has placed 288 companies in its Severe Violator Enforcement Program (SVEP), but just recently listed the steps in the process for those companies to be removed from the program. The Directorate of Enforcement Programs (DEP) at OSHA issued the following information regarding the removal process thi...

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Girish Anand

Recent Articles

Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules

On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...

NLRB General Counsel Takes Action to Tackle Current Case Backlog

On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...

Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data

Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...

DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws

In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...

DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know

The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.

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Articles by Girish Anand