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  • EEOC and Justice Department on Opposite Sides of Class Action Waiver and Sexual Orientation Issues
  • Texas Court Nullifies Obama-Era O/T Rate Hike
  • UPS Settlement Reminds Employers of "Maximum Leave" Issues
  • Record Retention Policies and Text Messaging
October 2017
  • Can We Fire Him for Saying That? The Curious Case of the Google Engineer
  • Wimberly Lawson Loses a Firm Leader
  • EEOC Must Reconsider Wellness Rules
September 2017
  • DOL Follows Through with Plans to Revise New Salary Overtime Rule
  • EEOC 2016 Statistics and Enforcement Guidance: Trends to Watch
  • OSHA Electronic Injury Data Reporting Requirements Delayed Until December
August 2017
  • Current Basic Minimum Wage and Overtime Requirements
  • The Significance of Having a Social Media Policy and a Cell Phone Policy
July 2017
  • Religious Freedom Executive Order May Affect Workplace Rules
  • Data Shows NLRB Quickie Election Rules Not Changing Much
  • Refusal to Extend Leave Found Not to Violate ADA
  • Employers Sued for Negligence Where Employee Commits Violent Act Elsewhere
  • Labor Secretary Finally Confirmed
June 2017
  • LGBT Issues are in Transition
  • Federal Contractor "Blacklisting" Executive Order Overturned by Congress
  • Courts Strike Down Broad Federal Agency Subpoenas for Employment Information
  • NLRB Rules that Misclassifying Employees as Independent Contractors Violates Labor Act
May 2017
  • National Right-to-Work Growing
  • Thoughts on the New Secretary of Labor and the Effect on Employers
  • New Wrinkles in Enforcement of Non-Compete Agreements
  • EEOC Rules on Wellness Plans Take Effect
April 2017
  • EEOC Issues Proposed Harassment Guidance
March 2017
  • Fearless Forecast as to Trump Labor and Employment Initiatives
  • Federal Court Adopts Magistrate's Recommendation - OSHA Inspection Warrant Quashed
  • Employers Do Not Have to Give Preference to Disabled Workers in Assignments to Open Positions
  • New OSHA Electronic Injury Reporting Rule Still in Play
  • Right-to-Work Doctrine to Expand
February 2017
  • The Year in Review
  • Developments with Mental, Emotional, and Psychological Issues Related to Employment
  • Social Media and Technology, with Millennials and Other Generations
  • Cyber Liability - Liability for Cyber Crimes and Data Breaches
  • Top Ten Strategies for Defending Tennessee Workers' Comp Claims
November 2016
  • Can You Expect Any Work From an Employee on FMLA Leave?
  • Supreme Court Rejects DOL's New Regulatory Interpretation of Overtime Statute
  • Federal Court Upholds NLRB's Quickie Election Rule
  • Persuader Rule Temporarily Stopped
August 2016
  • Everything Old is New Again. Or is it?
  • Employer Upheld in Refusing to Hire Morbidly Obese Plaintiff
  • NLRB Circumscribes Employers' Right to Permanently Replace Economic Strikers
July 2016
  • NLRB Holds Employer Policies Against Employee Videos/Recordings Unlawful
  • The DOL's New Salary Threshold for Exemption - Pay Raise, Demotion or Less Hours?
  • NLRB Again Challenges Neurtral Workplace Rules Prohibiting Conduct that "Impedes Harmonious Interaction and Relationships"
June 2016
  • Long Reach of DOL's Controversial New Persuader Rule
  • Majority of States Now Right-to-Work
May 2016
  • Employee Car Pools: The Issue of Employer Liability is Complex
  • EEOC Now Providing Employers' Position Statement to Employees and Other Charging Parties in Discrimination Claims
  • Mandatory Paid Sick Leave: DOL Proposes New Regulations
April 2016
  • Lessons You Should Learn From Other Employers' Form 1-9 and Discriminiation Violations
  • Wage-Hour Issues Guidance on Joint Employer Liability
  • Administration to Promote Pay Equality by Requiring New EEO-1 Information to be Filed
March 2016
  • Performance Appraisals
  • Concerns About Refusing to Hire or Discharging Employees
  • How the Minimum Wage is Affected
February 2016
  • Are You Ready to Comply with the New ACA Healthcare
  • Employees' Rights to Representation
  • Prospective Dates for Implementing New Overtime Rules
January 2016
  • Cyber Liability - Liability for Cyer Crimes and Data Breaches
  • The Importance of Effective Hiring (Background Checks, Pre-Employment Testing, and Drug Testing, including Medical Marijuana and FCRA Compliance)
  • Top Ten Tips on Defending Tennesse Work Comp Claims Under the New Law
  • Department of Labor's Proposed New Regulations on Exemptions
November 2015
  • NLRB Expands "Joint Employer" Doctrine to Support Labor
  • Does Your Office Have a Policy Governing Office Decor? Flags and Rainbows May be Controversial
  • New Horizons in Discrimination: Sexual Orientation and Gender Identity
October 2015
  • What the Supreme Court's Gay Marriage Decision Means for Employers
  • DOL Proposes to Increase Salary Threshold for Overtime Exemption
  • Supreme Court Allows Employer to Reduce Retiree Healthcare Benefits
September 2015
  • OSHA Takes Controversial Positions on Transgender Restroom Issues at Work
  • Recent Developments: Religion and the Workplace
  • First Month's Effects of Quickie Union Election Rule
  • Supreme Court to Rule on Case Involving Broad Back Pay Remedies in Wage/Hour Cases
July 2015
  • Broad Company Policies Can Create Big Problems
  • Effect of Obama Veto Regarding Attempted Congressional Overturn of Quickie Election Rule
  • NLRB Responds to Right-to-Work Legislation
  • Time-Keeping 101
June 2015
  • NLRB Comments on Rules Viewed as Unlawful
  • Background Checks and Pre-Employment Testing
May 2015
  • Strategic Response Plan to New NLRB "Quickie Election" Rules
  • Senate Committee and Congress Trying to Block New NLRB "Quickie Election" Rules
  • Health Reform Update: U.S. Supreme Court Considers a Second Opportunity to Limit the Affordable Care Act
  • New OSHA Reporting Rule Enforcement Procedures Raise Strategy Issues for Employers
April 2015
  • Whether Certain Security Checks Constitute Compensable Work
  • The President's Deferred Action For Immigrants Stopped by Judge
  • Government Position: Worker Presents New Social Security Number and States Previous Documents Were Not Real
  • Business Groups File Lawsuits Attacking NLRB Quickie Election Rule
March 2015
  • Regular Mail Inadequate To Prove Delivery Of FMLA Notices
  • Government Moving Rapidly on Transgender and Sexual Orientation Issues
  • Ebola Questions and Answers
  • Pros, Cons and Issues When Dealing With Electronic I-9 Software Providers
February 2015
  • A Shot in the Arm: Mandatory Immunization Policies
  • Records Retention: To Keep or Not to Keep
January 2015
  • HR Audits and Compliance
  • Immigration Update: To E-Verify or Not To E-Verify
  • FMLA Strategies and Practical Advice
  • TN Workers' Comp Reform Update
November 2014
  • One Way to Lower the Cost of Severance Programs
  • Recent Healthcare Regulations Give an Employer Two Ways to Minimize the Impact of the 90-Day Limit on Waiting Periods
  • Jokes About Age Force Employer to Face Age Discrimination Trial
  • What Do Employers Do About Legal Marijuana?
  • Obama Administration Announces Other New Federal Contractor Requirements
September 2014
  • Employee Barred from Sending Letters to Customers Complaining of Discrimination
  • Determining Strategy on When and How to Fight an Unemployment Claim
  • How Bankruptcy Can Affect Employment Litigation
  • Plaintiff Refused to Change Her Hairstyle from Dreadlocks to Something "Professional"
July 2014
  • Upcoming Changes on Overtime Requirements and Minimum Wage?
  • Wimberly Lawson Receives Distinguished Honors
  • New Affirmative Action Ruling Has Limited Effect
  • Discrimination Plaintiff Must Pay Back Settlement Proceeds Due to Violating Confidentiality Provision
  • NLRB Invites Comment on Whether Employers Can Ban Union Emails from Company Systems
June 2014
  • OFCCP Issues Final Rules Updating the Rehabilitation Act and Vietnam-Era Veterans' Readjustment Assistance Act (VEVRAA)
  • Summary of Tennessee Workers' Compensation Reform
May 2014
  • Volkswagen Supports Union in Chattanooga, But Union Loses Anyway
  • Important New Healthcare Changes: Delays and Updates
  • Negligent Infliction of Emotional Distress as a Tag Along to Retaliatory Discharge in Tennessee
April 2014
  • NLRB Re-issues Its "Quickie Election" Union Voting Rules
  • Supreme Court Gives Donning and Doffing Guidance
  • Update on Tennessee "Guns in Trunks" Law
March 2014
  • Comment Period for OSHA's Proposed Rule Extended to March 8th
  • NLRB Update: Prohibition of Employer Rule "Walking Off The Job" Enforced in Court
  • NLRB Update: NLRB Rules Prohibiting Class Action Waivers Again Rejected by Court
  • Union Membership in 2014
  • NLRB Update: Union Fines Employee $21,000.00 for Crossing Picket Line
February 2014
  • Alcoholic Truck Driver Required to Remain Alcohol-Free as a Condition of Returning to Work
  • No Re-Hire Policy of Alcoholic Driver Found to Violate Disabilities Law
  • National Labor Relations Board Gives Up on Mandatory Posting Rule
  • NLRB Upholds Employer Policy Prohibiting Use of Recording Devices at Work
  • E-Verify Now Has Tools to Determine Identity Theft
  • New Affirmative Action Rules for Veterans and the Disabled
January 2014
  • Tennessee Workers' Compensation Reform
  • Workplace Investigations: More Limitations By NLRB/EEOC
  • EEOC's Strategic Enforcement Plan
  • FLSA Compliance in Depth
  • Employer Negligence or Employee Misconduct
November 2013
  • Union Movement Crisis
  • It's Always Something: IRS Grants Employers A Reprieve With One-Year Delay of Affordable Care Act's Employer Mandate, But Other Rules and Rulings Will Keep Employers Busy in 2014
  • Minimum Wage and Overtime: For Home Care Workers
October 2013
  • What is Sufficient Authority for One to be Considered a Supervisor Under the National Labor Relations Act?
  • Plaintiff's Belligerent Discrimination Complaint Warrants Fitness-For-Duty Exam
  • Sixth Circuit Upholds NLRB's Use of "Micro-Units"
September 2013
  • Obama Administration Postpones Employer Penalties and Certain Other Requirements Until After 2014 Elections
  • Access by Union Representatives to Safety Inspections of Both Union and Non-Union Facilities
  • How Supreme Court Gay Marriage Ruling Affects Employers
  • Supreme Court Green-Lights Mandatory Arbitration Clauses, Forestalling Class Actions: Could Be Good News For Employers
August 2013
  • U.S. Supreme Court Limits Title VII Retaliation Claims
  • U.S. Supreme Court Clarifies Title VII Sexual Harassment Standard
  • Get Ready for OSHA's New Hazcomm Rules Training Deadline: December 1, 2013
  • U.S. Supreme Court to Determine Legality of NLRB Recess Appointments
July 2013
  • NLRB Clarifies Its Position on At-Will Employment Policies
  • DOL Issues PPACA's Model Notice of Coverage Options; Employers Must Provide the Notice to Employees by October 1, 2013
  • Good News for Employers Regarding Class and Collective Actions From the Supreme Court
  • Advance Preparation of Section 1 by Electronic I-9 Programs is Prohibited
June 2013
  • WLWDJ Opens Chattanooga Office
  • Criminal Background Checks: Darned If You Do And Darned If You Don't
  • Working Away From Work
  • Issue Of Applicant Rejected Due To Heavy Accent
May 2013
  • Immigration Solutions Gain Momentum
  • Confidentiality Requirements for Medical Inquiries
  • Disability Issues of What Constitutes a Medical Inquiry and Whether to Keep Responses Confidential
  • FMLA Changes Require Employers to Post Revised Notice
  • Employers Should Use New Form I-9
April 2013
  • EEOC Sets Forth Its Strategic Enforcement Plan
  • Applying the Play or Pay Mandate to Seasonal and Temporary Employees
  • Labor Board Members and Board Lack Authority to Rule - What Happens Next?
March 2013
  • NLRB Appointments Held Unconstitutional
  • IRS Explains Shared Responsibility (Tax) Provisions on Employers Under PPACA
  • Believe It or Not - Michigan Now Right-to-Work
February 2013
  • Wage-Hour Case Addresses Automatic Meal Deduction Payroll System
  • EEOC Offers Advice to Employers on Critical ADA Issues
  • Unions Get More Aggressive in Employer Relationships, Perhaps Based on Election Results and Improving Economy
January 2013
  • Avoiding Age Discrimination in Reductions in Force
  • Tennessee Supreme Court Allows Retaliatory Discharge Claim To Go Forward, Even Though Plaintiff Signed Release Discharging "All Claims"
  • New-Hire Guidelines: Don't Trip As You're Getting Off On The Right Foot
December 2012
  • Breakout on Employer Liability to be Presented at 2012 Conference
  • New Developments and Strategies for Working with the EEOC
  • A Conservative Trend in Recent Workers' Compensation Legislation
  • Sixth Circuit Rules Severance Payments to Involuntarily Terminated Employees Not Subject to FICA Tax
  • Update: Medicare Reporting May be Due Within 45 Days of Settlement
November 2012
  • NLRB and EEOC Moving Toward Rulings That Employers Cannot Tell Employees to Keep Investigations Confidential
  • Harassment Defendants Fight Back (But with Varying Results)
  • Update: Employers Are Now Required to Report Settlements to Medicare in Many Cases
  • NLRB Finds Facebook Posting That Caused Salesman's Discharge at Chicago-Area BMW Dealership Was Not Protected
October 2012
  • Changes to Unemployment Insurance Law Should Benefit Tennessee Employers
  • The Issue of Texting or Using Hand-Held Devices While Driving is Now a "Front and Center" Issue
  • Withholding Pay for Not Returning Equipment: A Dangerous Practice
  • NLRB Starts Website Aimed at Non-Union Workers
September 2012
  • The Patient Protection and Affordable Care Act Is With Us - Now What?
  • EEOC Rules Discrimination Laws Protect Transgender Status
  • Dreamers to be Granted Work Authorization
  • OSHA's Views on Discipline of Employees Who Report Injuries
  • Wisconsin Governor Retained After State Right to Work Measures
August 2012
  • EEOC Issues Guidance on Employers' Use of Arrest and Conviction Records
  • What the Supreme Court's Decision on Health Reform Means for Employers
July 2012
  • Judge Rejects NLRB "Quickie Election" Rules
  • Employer Making Two Mistakes in Granting FMLA Leave Renders Termination Unlawful
  • Some Employers with Insured Health Plans Will Receive Rebates this August
June 2012
  • Having a Sexual Harassment Policy Not Enough to Avoid Punitive Damages
  • NLRB Poster Requirement Blocked
  • Workplace Bullying: School Playground Behavior in the Professional Setting
  • Should an Arrested Employee be Fired?
May 2012
  • Health Reform: Supreme Court Recap - Unclear Whether Future of the Employer Mandate, Other Provisions, Tied to Fate of the Individual Mandate
  • Can a Polygraph Still Be Used To Determine Who Is Telling The Truth?
  • Right to Work Measures Pushed In Indiana and South Carolina
  • Employers Warned Not to Seek Too Much Medical Information Even Where Some Information Is Necessary
April 2012
  • Documentation That Can Get You In Trouble
  • Supreme Court Addresses GPS Trackers and Privacy
  • Changes In Getting Green Cards For Those With American Family Members
  • OFCCP Proposes Goals For The Disabled
March 2012
  • Three Leave Policies Being Subject to EEOC Attack - Lack of Leave for New Hires, Administrative Separation Policies, and "100% Healed" Policies
  • NLRB Pushes Through Quickie Election Rules
  • Supreme Court Healthcare Review and Other Health Plan Developments
February 2012
  • An Employee or an Independent Contractor? How to Decide and How to Handle Past Misclassifications
  • NLRB Drops Case Against Boeing
  • Retaliation Now the Most Common EEOC Charge
January 2012
  • EEOC Officials to Participate in Panel Discussion at 2011 Conference
  • Unemployment Claims - Tactics and Strategies
  • Practical Strategies to Defend Workers' Compensation Claims
  • Legislative Developments in Workers' Compensation
November 2011
  • Facebook Issues Bring Labor Board Interest
  • Employers Must Post NLRB Notice Under Final Labor Board Rule
  • EEOC Issues Opinion Letter Dealing With Electronic Medical Records
October 2011
  • Attacks on No-Fault Attendance Policies - Employers' Worst Nightmare
  • Arrival of the Tennessee Lawful Employment Act of 2011
  • OSHA Wins Subpoena Battle, Insurer Forced to Disclose Damaging Report
  • PPACA (Healthcare) Update: Applications for Annual Limit Waiver Must Be Submitted By September 22, 2011
September 2011
  • Employers Dodge A Bullet - Plaintiff Class Actions Become Unlikely
  • Labor Board Proposes Rule For "Quickie" Union Elections To Assist Union Organizing
  • New DOL Rule Attempts to "Gag" An Employer in Union Organizing Campaigns
August 2011
  • Supreme Court Upholds Arizona State E-Verify Mandate and Other Immigration Developments
  • What Employers Should Do In Response To The ADAAA and Implementing Regulations
  • Study Finds Thirty Percent of Employers To Drop Healthcare
  • Government Agencies Agree to Avoid Overlap in Enforcement
July 2011
  • Understanding and Complying with the New ADA Disability Regulations
  • FLSA Whistleblower Protection Not Limited to Written Complaints
June 2011
  • Supreme Court Addresses Cat's Paw Theory of Discriminatory Input from Supervisors
  • Health Reform Update: April Sees First Repeals of PPACA Provisions; Guidance Issued on W-2 Reporting Requirement and Anti-Abuse Rules for Grandfathered Plans
  • Wage & Hour Enforcement of Motor Carrier Exemption: Administrator Will Require Week-By-Week Determinations
  • Navigating Unemployment Claims
May 2011
  • Civil War Rages in States Over Unions and Budget Cuts
  • Reasonable Break Time and Area for Nursing Mothers
  • 2011 Income Tax Credit for Continuing to Employ Persons Hired in 2010
  • EEOC Sues Employer Over Random Alcohol Tests
  • EEOC Addressing Discrimination Against Unemployed
April 2011
  • Immigration Update on Enforcement Policies and Employer I-9 Audits
  • Does the Retaliation Concept Under Title VII Extend to One's Relative or Significant Other?
  • OSHA Withdraws Proposed Rule on Repetitive-Motion Disorders
  • More Employers Changing Fixed Termination Dates for Leaves of Absence
  • Whether the Same Racial Slur Standard Applies to All Races
March 2011
  • Employer Accused of Racist Firings Establishes Defamation Case Against Protesters
  • Health Reform Update: Challenges to Healthcare Law Continue
  • Obama Ordered Review of Federal Regulations
  • EEOC Issues Final GINA Regulations
  • OSHA Makes New Push for Engineering Or Administrative Controls Over Noise Rather Than PPE
  • Employee Downloads Numerous Documents From Employers Computer While Secretly Working for Competitor
February 2011
  • Changes are Occurring in New Healthcare Law Implementation
  • ICE Enforcement Targeting Employers to Continue Until Immigration Reform is Reached
  • New Posting Rule For Private Employers
January 2011
  • Election to Change Labor and Employment Agenda
  • NLRB Issues New Policy on Reinstating Union Organizers
  • Can An Employer Revoke An Accepted Job Offer?
  • Woman Sues Employer Over its Gun Policy
  • IRS Releases Draft W-2 Form for 2011; Defers Requirement for Employers
December 2010
  • EEOC Officials to Participate in Panel Discussion at Conference
  • Latest Developments in Tennessee Workers Compensation Law
  • Healthcare Reform - Effects and Strategies for Employers
  • Social Media in the Workplace - Problems and Cures
November 2010
  • States and Feds Fight Over New Healthcare Law
  • Federal Appeals Court Finds Local Immigration Laws to be Preempted and Thus Void
  • Hewlett-Packard Sues Oracle Claiming Its CEO Can't Work for Oracle Because of Confidentiality Agreement
  • Administration Pay-Backs to Organized Labor
October 2010
  • Health Care Regulations Defining Grandfathered Plans Create Urgent Need for Employers Planning on Healthcare Changes
  • Supreme Court Issues New Employment Privacy Ruling
  • Military Leave - It May Be Longer Than You Think
September 2010
  • Quirks In Leave of Absence Policies Can Lead to Expensive Litigation
  • Employers' Increasing Use of Credit Checks Generates Legal Issues
  • Employer Turns Tables on Independent Contractors Claiming to be Employees
  • OSHA Withdraws Long Standing Noise Directive and Moves More Aggressively on Noise Issues
August 2010
  • Pay Discrimination Class Action Cases Snare Employers
  • Union Update
  • OSHA Inspection Warrant Quashed; Agency Rebuked for Exceeding Bounds
  • Early Retirees Healthcare Supplement Available Now
  • Healthcare Reform Update
July 2010
  • Tag, You (Employer) Are It!
  • Social Media in the Workplace
June 2010
  • Implementation Time Line for Health Care Reform
  • Labor Board Now Has Three Union Lawyers and One Republican
May 2010
  • We Can Help! U.S. Dept. of Labor, Wage and Hour Division
  • EEOC Proposed Regulations on "Reasonable Factors Other Than Age" Defense
  • OFCCP Government Contractor Audit Shows Trends in Enforcement
  • Spike in Male Sexual Harassment Claims
  • Employers Should Plan for More COBRA Subsidy Extensions
April 2010
  • Firm Changes Name to Wimberly Lawson Wright Daves & Jones, PLLC
  • Defense Spending Legislation Expanded Military FMLA Leave
  • Department of Labor Publishes Answers About Employee Hours and Pay Reductions
  • Correcting Employee Misclassifications Under the Wage-Hour Law
  • Does Your Health Plan Comply with Mental Health Parity Laws?
  • Wellness Programs and Employee Health Risk Assessment
March 2010
  • Here Comes Healthcare Expansion
  • New Law Extends COBRA Subsidy and Requires New Notices
February 2010
  • EEOC Issues Memorandum on Waivers of Discrimination in Employee Severance Agreements
  • ICE Sends Out 1000 New Workplace Audit Notices and Explains its Audit Process
  • Genetic Law Ban Went Into Effect in November
  • Sexual Stereotyping Found Where Male Discredited in Harassment Case
  • There are Two Advantages to Recession - Cost of Living Drops and Health Improves
January 2010
  • Employers Increasingly Being Sued Over Inflexible Leave Policies
  • Interesting Sex Harassment Cases Involve Admissibility of Plaintiffs Provocative Clothing, and Alleged Sexual Relationship on the Part of Higher-Ups
  • November Elections and the Healthcare Bill
December 2009
  • The "Honest Belief" Rule
  • Update on Immigration Issues
November 2009
  • DHS Issues Proposed Regulation Rescinding No-Match Rule
  • Democrats Make Card-Check Compromises to Encourage Passage
  • The Problem with Blackberries
October 2009
  • Supreme Court Issues a Major Decision on Conflict Between Affirmative Action for Minorities Versus Discrimination Against Others
  • Employer Lawfully Terminates Employee for Secretly Tape Recording Conversation with Supervisor
  • Whether an Employer May Use Police Polygraph Test Results
  • Is the Witness Lying? - Experts Debate the Truth
  • High Court Clarifies What "Because Of" Age Means
September 2009
  • Initial Regulations Published on New Genetic Discrimination Law
  • EEOC Preparing Broad Interpretation in Favor of Disability Coverage
  • Hot New Developments in Immigration Compliance
August 2009
  • Obama's First 100 Days and Labor and Employment Changes
  • Dealing with Swine Flu and Related Maladies
  • DHS Announces New Worksite Enforcement Strategy
July 2009
  • Union Can Waive Employees' Right to Sue in Court for Discrimination
  • EEOC Looking at Employer Use of Criminal and Credit Histories
  • DC Court Invalidates NLRB Rulings for All of 2008: Administration Appoints Two Union Attorneys to NLRB
  • Issues Over the Bonus Turmoil
  • Employee Lawfully Fired for Concealing Prescription Drug Use
June 2009
  • Union Card-Check Law Reintroduced, Opposition Mounts
  • Unions Discussing Possible Reunification with AFL-CIO
  • New COBRA Notices Due April 18, 2009
  • Poor Economy Leads to Increased Discrimination Charges and Litigation
May 2009
  • New Year Brings New Rules to Employers, and Also Prospects for More Severe Employment Restrictions
  • COBRA Changes in Stimulus Bill
April 2009
  • Employer May Not Retaliate Against Employees For Their Participation in Internal Discrimination Investigations
  • President Obama Signs First Law: The "Lilly Ledbetter" Act an Evergreen Statute of Limitations for Discriminatory Pay Claims
  • Changes in E-Verify, I-9's, and Other Immigration Enforcement Plans
March 2009
  • Employers Deal with Legal Issues Arising During Layoffs
  • OSHA Adopts Final Rule on PPE Provision and Training: Potential Liability Tremendously Increased
  • Mandatory E-Verify Requirement for Government Contractors Postponed; Ruling on No-Match Social Security Letters to be Delayed; and New I-9 Forms Delayed Again
February 2009
  • How To Comply With The New FMLA Regulations
January 2009
  • Are You Ready for the "New" ADA January 1?
  • Anti-Discrimination Laws Do Not Require Questions and Processes be the Same for All Applicants
  • New Presidential Administration: "What Does it Mean?"
December 2008
  • What the Courts Narrow, the Legislature and President Expands: "The New ADA Law"
  • Does Worker's Comp Apply to Telecommuters Working at Home?
November 2008
  • EEOC Issues New Religious Discrimination Guidelines
  • Effect of Supreme Court Ruling that the Constitution Protects an Individual's Right to Keep and Bear Firearms
  • Is Employer Obligated to Disclose Abnormal Medical Results to Employee?
  • U.S. Supreme Court Backs "Employment-At-Will"
  • Some Employers "Fight" Rather Than Settle
October 2008
  • NLRB Takes Position on Workers Who Participate in Political or Pro-Immigration Demonstrations
  • Courts Expand Definition of Disabilities in Advance of ADA Amendments
  • Interstate Transportation Exemption from Overtime Narrowed
  • Plaintiffs' Lawyers Have Difficulty Representing Undocumented Immigrants
  • Steelworkers and European Union Create Global Union
September 2008
  • Supreme Court Issues Two Age Discrimination Rulings
  • Discipline of Employees For Off-Duty Smoking or Other Lawful Activities
  • State Law Prohibiting Funds to Deter Organizing Pre-empted by Labor Act
August 2008
  • Supreme Court Issues Two Pro-Plaintiff Employment Retaliation Rulings
  • Reliance Upon Clinics for Healthcare Needs
  • Plaintiffs' Lawyers Sometimes Take "Hit"
  • Ads Preferring Older Workers Now Allowed by EEOC
  • OSHA Primer for Employers
July 2008
  • Genetic Discrimination Law Bill Becomes Law
  • Employer May Discharge Employee for Exceeding FMLA Cap
  • New EEOC Rule Allows Reduction in Health Insurance Benefits for Retirees 65 and Older
  • Advice Given to Faith-Based Employers
  • But DNA May Be Useful in Civil Cases
June 2008
  • Status of Revised DHS No-Match Rules
  • Can An Employee Be Discharged for a Combination of Unexcused and FMLA Absences?
  • Is Mandatory Retirement Ever Lawful?
  • Disabled Worker Raises Claim of Frequent Bathroom Breaks
  • Update on Pending Federal Immigration Legislation
May 2008
  • New FMLA Regulations Proposed
  • Supreme Court Rules on Evidence of Discrimination Against Employees Other Than Plaintiff
April 2008
  • Employer's Harassment Policy With Numerous Avenues for Reporting Harassment Established Defense
  • NLRB Issues Important New Decision on E-Mail Policy and Exceptions to Solicitation Rules
  • Accommodation for Sunday Morning Services
  • Loss/Theft of Employee Personal Information

March 2008

  • Update on No-Match Letters and Ice Enforcement
  • Employee Blogging
  • What is a Reasonable Harassment Complaint Procedure?
  • Perspective - Recent Labor Settlements Provide Dramatic Changes
February 2008
  • Employer Payment for Personal Protective Equipment Must Be Implemented by May 15, 2008
  • FMLA Coverage Required Where Implied in Employee Handbook
  • Collective Decision Making Less Susceptible to Discrimination Liability
  • Trends to Watch for in 2008
  • Cost of Regulations
  • Perspective - What Is "Caregiver" Discrimination?
January 2008
  • Recent Changes to the I-9 Form Requirements and the Voluntary E-Verify Program
  • Use of Different Rates in Calculating Overtime Doesn't Violate Wage-Hour Law
  • How to React to Reports That You May Have Illegals In Your Workforce
December 2007
  • Important Ruling Against DHS No-Match Regulation Creates Dilemma
  • Abusive Union "Card-Check" Agreements Suffer a Setback
  • Minimum Time Period for Lunch, and Use of Time Clock for Lunch Breaks
  • Employer Faces Litigation for Cooperating with Police Lie Detector Testing
  • Discharge of Female of Pair Having Affair Upheld by Court
  • Strategy on Dealing with No-Match Letters in the Future
November 2007
  • Employer May Reassign More Qualified Employee Even If Disabled Employee Wants Vacant Job
  • EEOC Issues Opinion On Use of Fitness Tests for Job Promotions
  • Court Finds Sex Discrimination Over Employer's Use of Pre-Employment Strength Test
  • Improving The Hiring Process
October 2007
  • Final DHS Social Security No-Match Regulation Issued
  • Comments On New DHS Mis-Match Regulation
September 2007
  • Minimum Wage Change Takes Effect
  • Confusion Also Arises Due To Varying State Wage-Hour Laws and Exemptions
  • Immigration Reform Defeated
  • The Senate Also Deals A Fatal Blow To Union Organizing Bill - For Now
  • Supreme Court Rules When Employees Must Claim Discrimination In Pay
  • Union Organizers Attempt to Form Own Union, In The Firm's Recent Election Win
August 2007
  • President and Senators Compromise On Comprehensive Immigration Reform
  • Alternatives and Tips On Handling Social Security Mis-Match Letters
July 2007
  • Virginia Tech Tragedy Creates Dilemma for Employers
  • Recent Case Raising Similar Issues for Employers
  • Employee Discharged for Not Cooperating With Employer Regarding Her Harassment Complaint
  • EEOC Conference Discusses Imus Case
June 2007
  • Wal-Mart Faces Biggest Class Action In History
  • Payroll Check Fraud and Use of Direct Deposits Create Legal Issues
  • Considerations In Designing A Wellness Program
May 2007
  • "Sign Up For Union" Bill Passes House
  • Union Membership Drops Furnish Impetus For Labor Bill
  • Genetic Discrimination Bill May Pass Congress As Well
  • Employers Need To Plan Overadjustments For Minimum Wage Changes
  • Bank One Settles Administrative Separation Case With EEOC for $2.2 Million
April 2007
  • Eavesdropping on Private Employee Telephone Conversations Gets Employer In Trouble
  • Coca-Cola Case Reminds Employers of Confidentiality Policies and Procedures
  • Legal Aspects of Health and Wellness Programs
March 2007
  • Whats Ahead For Legislation in 2007
  • Immigration Enforcement Status Update
  • The Background to the Swift Raids
  • Comments and Observations From Swift Raids and Current ICE Enforcement Policies
February 2007
New Rules Changes Require Defendants To Preserve Evidence Making Up Lost Time Does Not Destroy Exempt Status Investigatory Techniques Bring Down Top Management of Hewlett-Packard News From EEOC and OFCCP How Much Do Companies Spend on LitigationJanuary 2007
  • Democrats Win To Affect Minimum Wage, Immigration and Labor
  • Vacation Pay Alert
  • Severance Pay Alert
December 2006
  • DOL Study Finds That ADA Accommodations Cost Little
  • Majority Of House Of Representatives Backs Union Card-Check Bill
  • Some Cases Support Management Rights In Handling FMLA Leave
  • Everybody Loves A Good Party - But Avoid The Liability "Part" Of The "Party"
November 2006
  • Females Recover For Inadequate Protective Clothing and Inadequate Shower and Restroom Facilities
  • Another Bathroom Issue Involves Transsexual
  • Is There An Obligation To Report Employees' Dangerous or Criminal Activity To Others?
  • State Legislatures Address Prohibition of Guns on Company Property
October 2006
  • Inside INS
  • In-House Company Attorneys Urge Liberal Application
September 2006
  • Overreacting to Social Security Mismatches Gets Employers in Trouble
  • Supreme Court Interprets Retaliation Provisions Broadly To Go Beyond Those Related to Employment or That Occur at The Workplace
August 2006
  • Immigration Update
July 2006
  • Employee's Deletion of Computer Files Violates Computer Fraud Law
  • State Laws Having Significant Impact on Health Insurance
  • Whether Your Job Rotation is Essential Function, Held To Be a Jury Question
  • Homeland Security's Immigration Enforcement Strategy Affect Employers
June 2006
  • Business Planning Required for Avian Flu
  • Immigration, Politics, and Strange Bedfellows
  • Addressing the National Hispanic Boycott
May 2006
  • Supreme Court Finds Use of Term "Boy Shows Discrimination
  • New EEO-1 Forms Effective In 2007
  • OFCCP Issues Rules On Internet Applicants
  • EEOC Insider Explains Agency Procedures
  • OFCCP Wants To Eliminate Equal Opportunity Survey
April 2006
  • Labor Department Issues Final Regulations on Rehiring Veteran Responsibilities
  • Employee Membership Groups Are Expanding
  • Gallup Polls Percent of Workers Experiencing Discrimination
March 2006
  • Supreme Court Addresses When The Work Day Starts
  • Discharge of Employee for Lying During Harassment Investigation
February 2006
  • Abusive Remarks Do Not Have To Be Sexual to Create Sex-Based Hostile Environment
  • Manager Has Repeated Seizures, Requests Employer Provide Transportation - What To Do
  • Should I Be Concerned About Avian Flu?
January 2006
  • Diversity Training In U.S. Expands
  • Minimum Wage Increase Comes Before Congress
  • Demands For Labor Givebacks And Retiree Cuts To Increase
  • Wal-Mart Changing National Standards, And Even The Economy
December 2005
  • Employer Deals With Work Stoppage Of Non-Union Hispanic Employees
  • Developments In Competitive Employee Benefits
  • Electronic Record Keeping Now Complete With Changes Allowing Electronic I-9's
  • Changes In Positive Workplace Drug Tests Reported
November 2005
  • Consensual Affair With Boss Brings Sex Harassment Rulings
  • Seemingly Harmless Nickname Creates Harassment Issue
  • Uncontrolled Diabetes Found To Be Direct Threat To Plant Safety
  • New Unemployment Benefit Rules More Strict
  • New Overtime Regulations Result In An Increase In Lawsuits
  • What Really Caused The AFL-CIO Split?
October 2005
  • Personality Tests For Promotion May Violate ADA
  • Discussing Disability Issues With Current Employees
  • Employer May Prefer Bilingual Person Without Discriminating
  • Dealing with Subpoenas For Protected Health Information
  • OSHA Rejects Challenges To Its Ergonomics Guidelines
September 2005
  • Longer Military Tours Create New Issues
  • Wal-Mart Pays $11 Million For Illegal Workers
  • Even Asking Employee To Voluntarily Take Polygraph Violates The Law
  • Sources Of Information For Background Checks
August 2005
  • Is E-Mail Sufficient Legal Notice For Employees?
  • Who Was Right About The New Wage-Hour Regulations?
  • Supreme Court Ruling On Policies Adversely Affecting Older Workers Warrants Attention
  • "Confederate Southern-American" Loses National Origin Claim
  • EEOC Regulation Allowing Termination Of Retiree Benefits Upon Eligibility For Medicare Ruled Invalid
July 2005
  • Supreme Court Says Unintentional Age Discrimination Illegal
  • "Disorganized" Labor Makes Plans After Continuing Membership Declines
  • Boeing CEO's Resignation Raises Workplace Romance Issues
  • What Is The "Cat's Paw" Theory Of Employment Discrimination?
May/June 2005
  • Drug Test Fraud Causes States And Employers To Respond
  • What Happens When an Employer Conducts a Background Check on an Employee Who Has Filed an EEOC Charge
  • Bullets to Dodge Under New White-Collar Exemptions
  • Conflicting Benefit Plan Documents Resolved in Favor of Employee
April 2005
  • Firing Non-Union Worker Who Asks For Witness May Violate Labor Act
  • Benefit Plan Not Effective Until Formally Adopted According to Plan Procedures
  • Safety a Higher Priority for Employees
  • Is a "Nasty" Employee Protected Under the ADA?
  • Employers Using Corporate Chaplains
March 2005
  • NLRB Rules On Lawfulness Of Employer's Work Rules
  • Department of Labor Supports Employer Response to Monday and Friday Absences
  • ADA Does Not Permit Disclosure That Co-Worker Has Communicable Disease
  • Employers Praise EEOC Mediation, But Few Participate
  • Settlement Offer Or Extortion - Inquiring Minds Want to Know
February 2005
  • How Employers Deal With Unprecedented Misconduct
  • SHRM Surveys Employer Medical Leave and FMLA Policies
  • Courts Support Workplace Drug Testing Programs
  • Department of Labor Also Surveys and Considers Changes in the Family and Medical Leave Act
  • NLRB Limits Temp Workers in Union Bargaining Units
  • Average Plaintiffs' Verdict Increases
  • Head Nod Expressions as Admission of Guilt
  • Graffiti Must be Quickly Addressed
  • Layoffs and Statistics - Damned If You Do and Damned If You Don't
  • Effects of Four More Years
January 2005/December 2004
  • Out sourcing Off-Shore Gets Controversial
  • State Laws Affect Wage-
    Hour Changes Also
  • Employers Must Exercise
    Care in Job Offers
  • Survey Reveals Top
    Litigation Concerns,
    Number of Cases
  • Courts Disagree Whether
    Employers' Attendance Notice
    Policy Trumps FMLA
November 2004
  • Overtime Rules Have Clocked In
  • Employers' Diversity Efforts Failing
  • New Targeting Plan for Government Contractor Compliance Announced
  • Labor Day Review of Union Plans
October 2004
  • Same-Sex Unions Create Legal Quagmire For Employers
  • Are You Ready For The Implementation Of New Wage and Hour Regulations?
  • Workers Caught With Weapons On Property May Be Fired, Court Rules
  • "Going Postal" Requires Government To Radically Change Handling Violence
  • Benefit Plan May Be Amended To Benefit One Employee
  • Employers Receive Relief On Pension Contributions
September 2004
  • Non-Union Employees No Longer Have Right To Representation At Employer Interviews
  • Employer's Right to Investigate Also Expanded in Recent Credit Act Changes
  • Supreme Court Rules on What a Constructive Discharge Is
  • National Class Action Against World's Largest Employer
August 2004
  • Religious Accommodation To Diversity Policies
  • Cases Increasing Over Differences in Harassment Discipline
  • Victims of Domestic Violence Not Protected from Discharge
  • Improving Economy to Test Employee Loyalty
July 2004
  • Wage And Hour Issues New White Collar Exemption Regs
  • Wage and Hour Issues New White Collar Exemption Regs
June 2004
  • Discharge Of Alcoholic Shows Narrow Interpretation Of ADA
  • New Federal Notice Requirements
    for Unionized Government
    Contractors
  • Supreme Court Says Employer
    Can Favor Older
    Workers
  • Perspective of Fairness
    Critical in Minds of Jurors
May 2004
  • A Layman's Guide To Beginning HIPAA Compliance
  • HIPAA Compliance Checklist;
  • HIPAA Practical Advice
  • HIPAA Special Issues
April 2004
  • Catching Employees Who Misuse Leave
  • Use of EEO-1 Forms in Discrimination
    Litigation
  • Progress on EEOC's Mediation Program
  • Update on Affirmative Action and Pay Surveys
  • Update on Social Security No-Match Letters
March 2004
  • Abuse Of Corporate E-Mail Systems By Spam
  • Hazardous Chemical Update
  • Former Employee's Claim of Defamation and Black-Listing Rejected
  • One-Fifth of Women Report Being Sexually Abused
  • Issues Regarding Withholding from Final Paychecks
February 2004
  • Can You Discharge A Worker On Workers' Comp?
  • Wal-Mart Facing Immigration and RICO Lawsuits
  • Are Undocumented Workers "Employees" for Workers' Compensation?
  • Proving Training Takes On New Importance in EEO Cases
January 2004

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