Employers with more than 50 employees are usually aware that the Family Medical Leave Act (FMLA) may apply to their business and their workers. That law, which provides for protected leave for employees in certain situations and various amounts (most often up to 12 weeks of leave), can sound simple but is very complex in its details.
Discrimination and Harassment
HR’s Work Is Never Done: New California FEHA Regulations Require Revision of Anti-Harassment Policies
On April 1, 2016, new regulations from California’s Fair Employment and Housing Council will go in effect. These new regulations state that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by the Act,” and require changes in employment policies. As a result, employers should carefully review their existing policies to ensure compliance with these new standards and act quickly to make any needed changes before April 1.
Attention Landlords! 25 Years Later: How the ADA Affects YOU (and Not Just Your Tenants)
This year, we recognize 25 years of the coverage of the Americans with Disabilities Act (ADA) on workplaces and commercial establishments. While you may be most familiar with how employment policies and practices have been subject to the ADA and its regulations for the past 25 years, that is not the only significant impact of the ADA. Public entities and transportation providers have had obligations under the ADA too. In fact, a large part of the ADA specifically applies to places of public accommodations and commercial facilities. So, anyone who opens their doors for retail, service, office, or warehouse purposes is required to ensure full and equal enjoyment of all goods, services, facilities, and accommodations to those with disabilities.
Employees Can Be Terminated for Using Marijuana – Even in Colorado
More than a year ago we wrote about the intersection of state laws permitting certain medicinal and recreational use of marijuana and employers’ lawful ability to enforce policies prohibiting drug use. (A Hazy Area of the Law: The Impact of Medicinal and Recreational Marijuana Laws on Employers.) At that time, we noted that a Colorado Court of Appeals’ ruling strengthened the position that an employer can lawfully terminate an employee for using medicinal marijuana in violation of its drug policies, even if the employee was not impaired at work and did not use marijuana while at the worksite or during work hours. The Colorado Supreme Court recently confirmed that proposition, giving employers a big sigh of relief.
Distinguishing “Motive” and “Knowledge” – The Supreme Court’s Decision In EEOC v. Abercrombie & Fitch Adds New Considerations To The Hiring Process
Last week the Equal Employment Opportunity Commission (EEOC) won what has become known as the “headscarf case” before the U.S. Supreme Court. The case, EEOC v. Abercrombie & Fitch, deals with provisions of Title VII that make it illegal for an employer to refuse to hire a job applicant just to avoid accommodating a religious practice. The decision expands Title VII liability to instances where a job applicant has not informed the employer of a need for an accommodation―a novel concept to many employers.
Can Employers Prohibit Secret Workplace Recordings?
By Evan Pontz on
Our very own HR Law Matters contributor Jim McCabe has written an insightful analysis on whether employers can prohibit employees from secretly recording conversations in the workplace. The article was published yesterday on Law 360 and can be viewed here.
OFCCP’s 2014 in Review: Regulatory Changes Abound, Systemic Hiring Claims Remain Priority
In 2014, the biggest headlines out of the Office of Federal Contract Compliance Programs (OFCCP) were the slew of regulatory and directive changes announced and finalized. These included:
- significant changes to the VEVRAA (veterans) and Section 503 (disabled) regulations;
- an amendment to Executive Order 11246 (as well as new related regulations) to add sexual orientation and gender identity to the non-discrimination and affirmative action requirements;
- a new Executive Order requiring contractors to provide information regarding employment and labor law violations in connection with contract bids (and related other requirements);
- release of proposed regulations that would require contractors to submit annually their compensation information by race and gender (that are expected to be finalized in early 2015);
- an overhaul of the federal contractor compliance manual; and
- a revised and significantly expanded compliance audit letter.
Virginia Governor Creates Task Force on Worker Misclassification and Payroll Fraud
The following information was sent out yesterday (August 21, 2014) by members of our Labor & Employment team in Virginia. If you have employees in Virginia, you need to read this and consider how it may affect your company.
Virginia Governor Terry McAuliffe signed Executive Order 24 on August 14, 2014, to establish an interagency task force on worker misclassification and payroll fraud.
Have You Begun Updating Your Affirmative Action Plans? Step Six of Seven Towards Full Compliance with the New OFCCP Regulations
As we have discussed in our prior blog posts in this series on the new OFCCP Regulations (which became effective on March 24, 2014), most of the new Regulations do not go into effect until the beginning of the contractor’s first plan year following March 24, 2014. Many contractors have delayed implementing these new requirements because their new plan year has not yet begun. The time for delaying is quickly coming to an end!
President Employs More Executive Measures to Press Equal Pay Agenda
Yesterday, President Obama signed an executive order and issued a presidential memorandum pressing his equal pay agenda. The executive order establishes that workers cannot be prevented from discussing their pay with other employees or applicants. Its declared target is to support efforts to eradicate gender-based pay disparities. Its aim though is probably more akin to using a hand-held mirror to shoot over your shoulder at the target.