Articles by Girish Anand

May 23, 2011
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Final ADAAA Regulations from EEOC Take Effect Tomorrow (May 24, 2011)

ADAAA EEOC
Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a  disability and requires employers to accommodate a qualified individual’s physical or mental impairment in the workplace, unless such accommodation causes an undue hardship. All employers with 15 or more employees are subject to the ADA as enforced by the U.S. Equal Employment ...
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May 19, 2011
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NLRB Again Moves to Protect Fired Workers for Their Online Comments

Facebook NLRB
In a batch of recent decisions, the National Labor Relations Board has been moving aggressively to safeguard both "protected concerted activity" among co-workers and online commentary by employees on social media sites. Yesterday (May 18, 2011), the NLRB joined the two initiatives in a complaint filed against Hispanics United of Buffalo after the nonprofit "unlawfully discharged ...
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May 17, 2011
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OSHA Seeks Input on MSD Column Proposal

MSD musculoskeletal disorders OSHA
The Occupational Safety and Health Administration (OSHA) first proposed, then abandoned, and finally reintroduced a rule that would add a column for reporting musculoskeletal disorders (MSDs) on the annual Form 300 Injury and Illness Log that each business must submit. In its latest incarnation, the rule was opened to public commentary during teleconferences held on April 11 and 12. In today...
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May 16, 2011
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USCIS Launches I-9 Central Online Resource

E-Verify I-9 USCIS
U.S. Citizenship and Immigration Services (USCIS) has launched I-9 Central, a new online resource center dedicated to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. The free Web site builds on recent employment-related enhancements by providing employers and employees simple one-click access to resources, tips and guidance to properly complete Form ...
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May 12, 2011
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HHS to Release Final HIPAA Privacy, Security Rules by Year-End

HIPAA HITECH
The Department of Health and Human Services (HHS) is aiming to release its long-awaited (and consolidated) Final Rule on the HIPAA privacy and security rules by the end of 2011, it was announced by Susan McAndrew, deputy director in the HHS Office for Civil Rights (OCR). The revamped regulations for the privacy and security rules were mandated by the Health Information Technology for Economic a...
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May 10, 2011
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DOL Offers Employees Free Timesheet Smartphone App

The U.S. Department of Labor (DOL) has announced the launch of its first application for smartphones, a timesheet to help employees independently track the hours they work and determine the wages they are owed. With both English and Spanish versions, users can conveniently track regular work hours, break time and any overtime hours for one or more employers. This new technology is significant b...
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May 9, 2011
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EEOC Restricts Release of Employee Medical Information to Courts

ADA EEOC Rehabilitation Act
Both the Americans With Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1974 contain privacy protection for employees and their company-retained medical records, but a narrow exception in these acts allows for the release of such information if requested by a court order. However, the Equal Employment Opportunity Commission (EEOC) in a recent case has further narrowed that exemptio...
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May 5, 2011
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New FLSA Regulations Take Effect Today (May 5)

FLSA tip pooling tips
New Fair Labor Standards Act (FLSA) regulations incorporating amendments and clarifications from recent years take effect today, May 5, 2011. The new rules also concern tip pooling arrangements, which make clear that tips cannot be diverted from people receiving them unless a valid tip-pooling arrangement has been established and promulgated to participants. The regulations navigate a course be...
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May 4, 2011
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EEOC Seeks to Bundle Discrimination Claims as 'Class Charges'

age discrimination disability discrimination EEOC
In an approach similar to class-action lawsuits, the Equal Employment Opportunity Commission (EEOC) is now pursuing what it calls Class Charges—disability and age discrimination claims that deal with multiple employees in one location or spread out geographically. The institution of a Class Charge is simple enough: When employees file claims for disability or age discrimination (or for an...
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May 3, 2011
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DOL Internship Standard Challenged in Court

DOL FLSA interns
Calling the Department of Labor's Fact Sheet #71—"Internship Programs Under the Fair Labor Standards Act"—"a poor method" and "overly rigid and inconsistent," the 6th Circuit Court of Appeals has ruled in favor of a for-profit nursing home that relied in part on interns to run its operations. The Labor Department issued a six-factor test to determin...
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