Laws & Regulations

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Menopause is approaching for me, and I am really looking forward to those momentary personal tropical vacations (i.e. hot flashes).  I hear from my more senior female friends that the symptoms of menopause – irrational emotional upheavals, poor sleep, dizziness, migraines, etc. – can be quite debilitating, as well as frustrating.  You might think that…

Due to the federal government shutdown, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB) and the Department of Labor (DOL) have issued contingency plans.  These plans set forth what the agencies will and will not do during the shutdown.

The EEOC’s contingency plan states that the EEOC will continue to perform…

In light of pandemic fears over the past several years, health care facilities have been more aggressive about mandating employee flu vaccinations, on the reasonable basis that such vaccinations are required to protect the health and safety of employees, patients and others.  On March 5, 2012, the EEOC issued an informal discussion letter on this…

As employers know, the Americans with Disabilities Act (ADA) requires employers to provide “reasonable accommodation” to employees with disabilities to enable them to perform the essential function of their jobs.  What employees demand as a “reasonable accommodation” under the Americans with Disabilities Act, however, may not always be so reasonable.  Fortunately, courts are generally more…

The topic of misclassification of employees as independent contractors is one that is getting a lot of attention from government agencies at the state and federal level.  Some commentators have suggested that as long as an individual has set up a corporation, through which he/she is paid for his/her services, that individual will safely be…

Yesterday, the U.S. Court of the Appeals for the Third Circuit held that the NLRB lacked jurisdiction to take action where it lacked three Board Members who had been properly appointed.  In NLRB v. New Vista Rehabilitation and Nursing, a majority of the panel held that President Obama’s appointment of Craig Becker to the …

A departing employee accesses the company’s computer system on his way out without authorization and takes data.  What remedies can the company pursue?

The company can contact law enforcement officials, as that conduct likely constitutes a crime.  In addition, the company can file a civil complaint in court against the ex-employee, asserting claims such as…

What should a company consider in deciding whether to engage in electronic workplace monitoring of employees?

Companies, concerned with the abuse of workplace technologies, are increasingly considering electronic monitoring programs.  Motivating considerations include the prospect of liability for sexual harassment lawsuits arising from inappropriate emails or web site usage, concerns about employee transfers of proprietary…

The IRS has released final regulations on how the new health care law defines “affordable” coverage.    Generally speaking, workers must have access to affordable health care from their employers, or the employer faces a penalty.   The IRS regulations now make clear that the government will deem a plan affordable so long as the individual worker’s…