Tag: Employment law

‘Surprise, surprise, surprise’: EEOC third-party subpoenas

by Joe English and Ariel Dubrow The Equal Employment Opportunity Commission (EEOC) has the ability to subpoena a broad array of documents and records from third parties. Responding to such a subpoena can impose a costly burden on third parties.   EEOC’s broad subpoena powers An employer’s dealings with the EEOC typically stem from an administrative […]

Learning from tragedy–depression and mental health in the workplace

This past week, the entertainment world lost one of its best and brightest to an apparent suicide. Robin Williams, who brought laughter to so many for so long, took his own life at the age of 63. So much has been written about his talent over the past week that it’s difficult to understand or […]

Employers must have a reasonable basis for engaging in employee surveillance

By Clayton Jones When confronted with information that an employee may be abusing paid sick leave, it is only natural for an employer to want to investigate further. One way in which employers may do this is through the surreptitious surveillance of the employee. However, such surveillance is of limited value unless the employer will […]

Despite flaws, survey finds employers sticking to performance evaluations

If it’s not review season at your organization, you probably aren’t thinking about performance evaluations. Often review time comes around just once a year, and it’s not top of mind any other time—possibly because so many people dread the process.  For human resources professionals, that process can be even more stressful than it is for […]

FMLA notice requirements: Are you prepared?

by Jason R. Mau Since 1993, the Family and Medical Leave Act (FMLA) has provided eligible employees with job security for unpaid leave related to certain family and medical issues, including serious health conditions and the care of a newborn baby, a newly placed foster child, or an adopted child. The serious health condition protections […]

May the enforceability of your release be with you

by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.

OCR Expects Consistency in HIPAA Breach Response

When investigating a breach of IT network security leading to leakage of protected health information, HHS looks for consistency in the covered entity’s response — with both HIPAA rules and the organization’s own written procedures, according to a former official with HHS’ Office for Civil Rights. OCR tends to “expect a perfect assessment done the […]

Determining whether variable-hour employees are entitled to offer of health insurance

by Gesina (Ena) M. Seiler Beginning January 1, 2015, the Affordable Care Act (ACA) will require large employers (with 100 or more full-time and full-time equivalent, or FTE, employees–in 2016 it drops to 50 or more employees) to offer minimum essential health insurance coverage to at least 70 percent (increasing to 95 percent in 2016 […]

OFCCP Proposes Pay Data Reporting Rules for Federal Contractors

Certain federal contractors and subcontractors would have to submit summary data annually to the federal government that would identify employee compensation based on sex, race, hours worked and other factors, under new regulations proposed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. The rules’ preamble called this “a critical tool for […]

How painful can it get? Penalties for immigration noncompliance

by Christine D. Mehfoud Compliance-minded companies always want to know, “What’s the risk of noncompliance?” Or, put another way, “How much will it hurt if we don’t get it right?” For companies still wondering whether spending a little now to implement a solid immigration compliance program is a sound investment, some of the recent immigration-related […]