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NLRB ruling ends proemployer automatic exemption

A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline. Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case […]

Employer Settles With EEOC After Providing the Wrong Accommodation

An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]

Proposed FMLA Rule Changes on Forms and More

Yesterday, we looked at some of the proposed changes to the federal Family and Medical Leave Act (FMLA) in areas relating to military leave. Today, a look at the other proposed changes, courtesy of Mark Schickman and Cathleen Yonahara, both attorneys at Freeland Cooper & Foreman LLP in San Francisco.

Contraceptive Mandate Enforcement Stay Revised to Admit More Employers

Compliance with the contraceptive coverage mandate under health reform is stayed until Aug. 1, 2013 for employers that fit into a slightly expanded enforcement safe harbor described by the Center for Consumer Information and Insurance Oversight (CCIIO) in an Aug. 15 memo. Reform’s preventive care mandate requires plans and insurers to cover a host of […]

Computer Firm Enters $2.65 Million H-1B Wage Settlement

Computech, Inc., a Michigan-based firm that places computer professionals at workplaces throughout the U.S., has agreed to pay $2,250,000 in back wages and a $400,000 fine to settle charges levied by the Department of Labor that the company violated immigration law. The settlement proceeds will be shared by 232 computer professionals.

Bathroom Etiquette Should Not Influence Hiring

By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]

Notre Dame University Denied Contraception Injunction

The 7th Circuit in a 2-1 ruling refused to grant a preliminary injunction to Notre Dame University, which would have freed the university from participating in reform’s requirement to provide contraceptives at no cost to all women. In so doing the court criticized the university’s argument that signing an EBSA Form 700 — expressing objections to the contraceptive […]

EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues  on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]