Articles by Girish Anand

September 21, 2010
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EEO-1 Form Due to EEOC by Sept. 30

Employers with 100 or more employees (or government contractors of $50,000 or more with 50 or more employees) are required to file an Employer Information Report (EEO-1) each year on Sept. 30 with the EEOC’s EEO-1 Joint Reporting Committee. The EEO-1 report includes data on protected class representation in various job categories.  Filing is generally done through the Equal Employmen...
September 16, 2010
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EEOC Enforcing ADAAA Before Final Regs

With three lawsuits already filed, the Equal Opportunity Employment Commission (EEOC) has begun "vigorously" (in its words) enforcing the Americans With Disabilities Amendments Act (ADAAA), this despite the fact that final regulations have yet to be issued for the ADAAA. According to the EEOC, the cases were all filed under the broader definition of "disability" created by t...
September 15, 2010
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Justice Publishes Final ADA Regs Effective March 15, 2011

The Department of Justice (DOJ) today (Sept. 16, 2010) published Final Regulations in the Federal Register for Titles II and III of 1990's Americans With Disabilities Act (ADA), but the regs do not incorporate any directives or interpretations stemming from the ADA Amendments Act of 2009. Those will come later. Title II deals with state and local governments while Title III concerns entities of...
September 9, 2010
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Restaurants Begin to Feel Heat of ICE Wrath

The nation's restaurant industry, which reportedly employs illegal immigrants for at least 20 percent of its back-of-the-house workforce, is suddenly coming under the purview of Immigration and Customs Enforcement (ICE) crackdowns, according to the New York Times. ICE is now holding employers' feet to the ground if it audits a workplace and finds illegal immigrants employed there. Previously, I...
September 1, 2010
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E-Verify Adds Photo Verification Option

Beginning this week, the United States Citizenship and Immigration Service (USCIS) is expanding the photo matching portion of its E-Verify program to include U.S. passports and driver’s license data.   This change will be effective at the start of September and will give companies and organizations that use E-Verify the capability of comparing photos from an individual’s U.S. p...
September 1, 2010
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Safety the Number-One Concern of Today's Workers

Safety easily outranks wage-and-hour and other workplace issues among today's workers, according to a just-released study by National Opinion Research Center (NORC) at the University of Chicago. More than eight of ten workers—85 percent—rank workplace safety first in importance among labor standards, even ahead of family and maternity leave, minimum wage, paid sick days, overtime pa...
August 31, 2010
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Suspended Breach Notification Rule Remains in Effect

Though on Aug. 4 it withdrew its Interim Final Rule regarding HIPAA security breach notifications, the Department of Health and Human Services (HHS) has since clarified on its Web site that the suspended rule of Sept. 23, 2009, remains in effect. "This is a complex issue and the Administration is committed to ensuring that individuals’ health information is secured to the extent poss...
August 25, 2010
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Wage-and-Hour Lawsuits Jam Court Dockets

Class action lawsuits now outnumber all other employment-based class actions combined, according to a recent study by ELT, a compliance consulting and training organization that recently surveyed 1,800 human resource specialists and senior level managers. More than one-third of the participating companies reported facing claims based on wage-and-hour disputes in 2010. As a result, more than hal...
August 24, 2010
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Disability Claims Filed with EEOC Reach Record High

With the augmentation of the Americans With Disabilities Amendments Act (ADAAA), the original ADA was used 21,500 times in 2009 to file disability discrimination claims against employers, Equal Employment Opportunity Commission (EEOC) statistics show. The ADAAA was instrumental in restoring the original intent of Congress behind the 1990 Americans With Disabilities Act, whose 20th anniversary c...
August 23, 2010
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NLRB Upholds Two-Member Decision Cases

The newly reconstituted National Labor Relations Board (NLRB), which oversees relationships between organized labor and business, this past Friday (Aug. 21, 2010) upheld the first four of hundreds of decisions rendered by the two-member NLRB that existed in the waning months of the Bush administration--decisions that were later invalidated by the Supreme Court. Earlier this year, the U.S. Supre...