New York AG Targets Rise of “On-Call” Retail Employees
4/15/15
By: Amanda M. Cash
New York’s Attorney General, Eric T. Schneiderman, recently launched an inquiry into 13 major retailers, including Gap, Abercrombie & Fitch, J. Crew Group, L. Brands, Burlington Coat Factory, TJX Companies, Urban Outfitters, Target, Sears, Williams Sonoma, …
SEC Enforcement Action Challenges Employers on Restrictive Confidentiality Agreements
4/9/15
By: Behnam Salehi
On April 1, 2015, the Securities and Exchange Commission initiated its first enforcement action, pursuant to Rule 21F-17, against an employer (KBR) for stifling protected whistleblowing through overly restrictive employee confidentiality agreements. Rule 21F-17, a whistleblower provision …
Virginia Joins List of States Limiting Employer Access to Social Media Accounts
4/9/15
By: David A. Cole
Recently, Virginia enacted a new law that limits employer access to personal social media accounts of employees and job applicants. The law, which takes effect on July 1, 2015, prohibits employers in Virginia from requiring a …
Legalization of Medical Marijuana Presents Unique Challenges to Employers
3/30/15
By: Joshua M. Lott
There is no comprehensive federal law that regulates drug testing of employees in the private sector, except particular employees in specific industries such as transportation. As a result, many states have enacted legislation regulating when, why, …
Dot Your I's and Cross your T's in Person: Complying With The I-9 "Examination" Requirement
3/23/15
Federal law requires every employer to complete Form I-9 for each new employee. As part of this process, the employer must request original documents from a list of acceptable documents that establish an employee’s identity and …
How Much Control Is Too Much Control? When On-Call Time Becomes “Hours Worked”
3/12/15
Recently, the California Supreme Court provided guidance on an important question in employment law: How much employer control turns on-call time into “hours worked?” In enacting its on-call policy, an employer must determine whether it is …
3/12/15
By: Amanda K. Hall
In order to fund the benefits provided by the Social Security Act and Medicare, the Federal Insurance Contributions Act (“FICA”), 26 U.S.C. § 3101 et seq., taxes “wages” paid by an employer or received by …
OSC for Immigration Tells Employers Appropriate Response to Authorization Fraud
3/4/15
As you may know, all employers are required to complete Form I-9 for every new employee at the time of hire. Doing so allows employers to verify that new hires are authorized to work in the …
2/26/15
By: Amanda K. Hall
In today’s global society, many businesses are finding that their customers are bilingual or do not speak English. Therefore, it is becoming more and more common for employers to require their employees to be bilingual …
2/20/15
By: Joyce M. Mocek
In a recent circuit court decision, Acuity v. Johnson, 2015 WL 177041 ((8th Cir. 2015), the Court reviewed the appropriate standards to be applied when an insurer and policyholder dispute whether a change …
Tennessee Employers – Beware of Employment Eligibility Requirements
2/12/15
By: Josh Lott
On January 1, 2013, the third phase of the Tennessee Lawful Employment Act (“TLEA”) went into effect, giving Tennessee employers with 6 to 199 employees the option of either enrolling in the federal E-Verify program or …
2/5/15
By: Bill Buechner
The United States Supreme Court held oral argument in January regarding whether the EEOC’s decision to file a lawsuit rather than continue the conciliation process is subject to judicial review, and if so, what the standard of …
