Employment Law Newsletter In December 2012, the EEOC approved its Strategic Enforcement Plan announcing six national enforcement priorities the agency will focus on through 2016: equal pay enforcement; protecting immigrant, migrant and other vulnerable workers; addressing “emerging” issues such as pregnancy discrimination/accommodation and expanding coverage of lesbian, gay, bisexual and…
Insights
Woe to Those Employers Who Fail to Comply With Technical Notice Requirements of the FMLA
Employment Law Alert Many employers administering leave under the FMLA are ignorant of the following notices that must be provided to employees invoking FMLA leave rights: Eligibility Notice: provided within five business days of a leave request informing the employee whether or not they meet the FMLA’s eligibility requirements. In…
An Overview of The American Taxpayer Relief Act of 2012
President Obama, using the autopen, signed the American Taxpayer Relief Act of 2012 (the “Act”) into law on January 2, 2013. The following is a summary list of the Act’s major changes to and extensions of prior law. We will keep you informed of possible important updates resulting from a…
What To Do When the OSHA Inspector Appears
Sooner or later, your facility will be the subject of an inspection by the Occupational Safety and Health Administration (“OSHA”). OSHA usually does not provide any advance notice of these inspections (which always seem to occur at the “wrong” time). Nevertheless, how facility representatives handle themselves can directly influence the…
Historically Low Interest Rates Create Attractive Estate Planning Opportunities
Today’s low interest rate environment, coupled with generous gift and estate tax exemptions, has made this an ideal time to effectively transfer wealth to heirs. Under the Internal Revenue Code (the “Code”), Section 7520, the Internal Revenue Service (the “IRS”) uses a rate based on 120 percent of the Midterm…
DOL’s New Guidebook May Trigger More FMLA Claims
Employment Law Newsletter On June 27, 2012, the Untied States Department of Labor (DOL) issued a new 16-page guide book entitled “NEED TIME? The Employee’s Guide to the Family and Medical Leave Act.” The guide book provides a “simple overview” of the leave benefits accorded to employees under the FMLA.…
New and More Restrictive EEOC Enforcement Guidelines on Criminal Background Checks
Employment Law Newsletter Many employers use criminal background checks to “weed out” individuals who engage in activities that pose significant risks to the workplace. This past April the United States Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions…
New NLRB Report Stymies Employers’ Efforts to Reign in Employee Social Networking Activities
The prevalence of social media in today’s workplace is undisputed. With the lack of discretion often displayed on social media sites such as Facebook, it is no wonder employers seek to control inappropriate employee communications and the unauthorized dissemination of confidential employer information through policies restricting employee social networking activities.…
The NLRB Speaks Again: Routine Confidentiality Requirements for Internal Investigations Take a Back Seat to Employees’ Section 7 Rights
Internal investigations by employers into allegations of unlawful harassment, theft or other workplace misconduct are commonplace in today’s work environment. In an effort to protect the complainant, the accused and the witnesses – not to mention the fundamental integrity of the investigation – employers typically warn those participating in the…
Protecting Social Security Retirement Benefits from Creditors In One Easy Step
By: Eric Levine In this turbulent economy, many people are finding it difficult to make ends meet. With income being stretched to the limit, some people are sometimes unable to pay bills on time or in full. When this happens, creditors are frequently pursuing payment by hiring debt collectors to…