Articles by Girish Anand

November 12, 2010
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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

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

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

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

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
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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
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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...
October 19, 2010
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States Begin Recalculating Minimum Wages Based on CPI

Vermont and Washington have both announced new minimum wage rates to take effect on New Year's Day 2011 based on year-to-year inflation. Vermont's Department of Labor announced it will increase that state's minimum wage from $8.06 to $8.15 based on an annual inflation rate of 1.1 percent as calculated in August. Washington's Department of Labor and Industries pegged its yearly inflation rate at...
October 18, 2010
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Employment Litigation Rises for Third Straight Year

In its annual survey of corporate legal departments, Fulbright and Jaworski L.L.P. found that 87 percent of respondents have been involved in employment and labor lawsuits in 2010, up from 83 percent in 2009, while 53 percent of those responding actually initiated the legal action, up from the prior year's 46 percent.  Overall, 93 percent of the respondents foresee an equal or even larger ...