Articles by Girish Anand

March 2, 2011
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SCOTUS Extends Cat's Paw Liability to USERRA

cat's paw SCOTUS Supreme Court USERRA
"Cat's paw" is a legal term referring to someone's influencing another person to do something (illegal, obviously) and thus potentially becoming liable as well. For instance in work-related circumstances, if a department manager has it in for a certain employee and the employee is then fired by his or her direct supervisor for performance reasons, can the terminated employee s...
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February 25, 2011
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OSHA Seeks to Expand Its Ranks of Inspectors

I2P2 OSH Act OSHA
The Occupational Safety and Health Administration (OSHA) employs 2.1 million people, but just 2,335 of them are field inspectors. The agency is thus requesting an additional $24.7 million in its fiscal year 2012 budget to expand by 52 inspectors. As budget negotiations stall in Congress over how deep to cut spending, the fate of the OSHA request is—at best—uncertain. In addition to ...
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February 24, 2011
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USCIS Holds Forum on Possible Redesign of Form I-9

I-9 immigration USCIS
On Tuesday, February 23, 2011, the United States Citizenship and Immigration Service (USCIS) held a meeting to discuss the use and design of its Form I-9, which is used to document a worker's right to work in the United States. The participants were challenged—at the outset—to envision how they would design the I-9 if they were starting from scratch. Though comments ranged all o...
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February 23, 2011
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EEOC Seeks Nearly 10 Percent Increase in Staffing and Funding

discrimination EEOC Systemic Initiative
Although a government shutdown over budget priorities may be looming, that didn't stop the Equal Employment Opportunity Commission (EEOC) from requesting an additional $18 million in funding for fiscal year 2012 to increase the ranks of its inspectors from 2,371 to 2,557—a 9.2-percent jump. The budget request for $385.5 million (an increase of 9.5 percent) is aimed at facilitating the...
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February 18, 2011
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E-Verify to Launch Self-Check Program on March 18

Department of Homeland Security E-Verify
The federal E-Verify online employment eligibility verification system, which began as a program named Basic Pilot, has long been used by employers to verify documents submitted by job applicants purporting to show their legal right to work in the United States. However, if an applicant submitted perfectly valid documents (passport, driver's license,social security card, visa, and so on) bu...
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February 17, 2011
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EEOC Targets Job Ads Excluding Unemployed

EEOC unemployed unemployment
The Equal Employment Opportunity Commission (EEOC) held hearings yesterday (Feb. 15, 2011) into the causes and consequences of a recent trend in hiring—the unemployed need not apply. Phrases such as "no unemployed candidates will be considered" and "must be currently employed" are now peppering job postings and want ads. This has the EEOC concerned that such policies l...
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February 16, 2011
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Courts Split on Overtime Status for Pharma Reps

FLSA overtime pay pharmaceutical representatives
The U.S. Supreme Court may end up deciding the issue, but for now one circuit court is saying yea and another nay to whether pharmaceutical sales representatives are eligible for overtime pay. The issue centers on the Fair Labor Standards Act (FLSA) exemption from overtime rules for those employees who are engaged in outside sales. Pharma reps and their attorneys argue that what the representat...
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February 15, 2011
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EEOC Receives Record Number of Job Discrimination Filings

discrimination complaints EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it has received a record number of discrimination charges during the past fiscal year.  The total number of charges received by the agency reached nearly 100,000, representing the highest number of charges in its 45-year history and a 7 percent increase in charge activity since fiscal 2009.  An employer&rs...
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February 11, 2011
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HHS Sends Disclosure Rule to OMB for Review, Expands Patients' Rights

EHR HIPAA HITECH PHI
The Department of Health and Human Services (HHS), despite a health industry outcry, has forwarded to the Office of Management and Budget (OMB) a proposed rule allowing patients to request information about the disclosure of their protected health information (PHI). An OMB review can take anywhere from one to 90 days to complete. After that, the rule generally takes effect in 30 to 60 days. The...
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February 9, 2011
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NLRB Settlement Seems to Protect Employee Comments Online

Facebook NLRA NLRB social media
The courts have yet to weigh in, but a recent settlement between the National Labor Relations Board (NLRB) and a Connecticut ambulance company may mean more freedom of speech—or at least retaliatory protection—for employees who post comments about their companies online. The incident has several angles to it, only one of which relates to the Internet, which the plaintiff claimed led...
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