Needlestick Safety and Prevention Act
The Needlestick Safety and Prevention Act (NSPA) was enacted to codify and strengthen the guidelines set forth in OSHA's Bloodborne Pathogens Standard as it relates to reducing the incidence of...
View ArticleOSH Act
The federal Occupational Safety and Health (OSH) Act was passed in 1970 to assure safe workplaces for employees. The Act covers all private-sector places of employment, even for companies with as few...
View ArticleBreakdown of the Immigration Reform and Control Act
The Immigration Reform and Control Act of 1986 (IRCA) was enacted to control unauthorized immigration to the US. Under the IRCA, employers may be sanctioned by the United States Citizenship and...
View ArticleOSHA Enforced Whistleblower Statutes
The Occupational Safety and Health Act (OSH Act) was passed in 1970 to assure safe and healthy workplaces for employees. The Act established the Occupational Safety and Health Administration (OSHA), an...
View ArticlePregnancy Discrimination
The Pregnancy Discrimination Act prohibits an employer from discriminating against an employee on the basis of pregnancy in all aspects of employment. This includes: hiring, termination, pay,...
View ArticleHarassment in the Workplace
In 2011, the Equal Employment Opportunity Commission (EEOC) received 11,364 complaints of sexual harassment and presided over the judgment of $52.3 million worth of benefits to harassment victims....
View ArticleAccommodating Religions in the Workplace
Title VII of the Civil Rights Act of 1964 as well as myriad state and local laws prohibit employers from discriminating against employees and applicants on the basis of religion in all aspects of...
View ArticleCalifornia Gender Nondiscrimination Act
California's Gender Nondiscrimination Act, AB 887, amends the California Fair Employment and Housing Act to add gender identity and gender expression as protected classes. This new law clarifies the...
View ArticleNLRB Issues Guidance on Social Media Policies
Following on the heels of the August 2011 and January 2012 reports, Lafe E. Solomon, acting general counsel of the National Labor Relations Board, issued a third report on May 30, 2012, in the form of...
View ArticleCOBRA: Managing Notices Triggered by Qualifying Events
The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides for the continuation of health care coverage for employees and their beneficiaries who would otherwise lose coverage due to certain...
View ArticleThe Bermuda Triangle Has Expanded: The FMLA's Intersection With the ADA,...
This Legal Insight examines the intersection of rights that has been referred to in publications and presentations as "The Bermuda Triangle," and includes a discussion of FMLA, the ADA and workers'...
View ArticleGender Identity, Gender Expression and Transgender Status in the Workplace
Courts and administrative agencies are reinterpreting federal and state antidiscrimination laws, and many state laws and municipal ordinances have been amended as providing employment-related...
View ArticleWhat Employers Should Know About the Affordable Care Act (ACA)
The Patient Protection and Affordable Care Act of 2010 (ACA), often referred to as Health Care Reform, was enacted to establish near universal health care in the United States. This Legal Insight...
View ArticleThe Reasonable Factor Other Than Age Defense Under the ADEA
This legal insight analyzes Supreme Court precedent on the Reasonable Factor Other Than Age Defense and a new EEOC rule that makes it harder for employers to establish the RFOA defense in a disparate...
View ArticleERISA: Fiduciary and Disclosure Duties
The Employee Retirement Income Security Act (ERISA) requires plan sponsors to meet fiduciary, reporting and disclosure requirements. ERISA also sets minimum standards for participation, vesting,...
View ArticleHazy Future: Reconciling Federal and State Laws on Marijuana Use
Conflicting messages about state and federal marijuana laws have left employers wondering whether they may regulate medical marijuana use during working and non-working hours as well as the ability of...
View ArticleWorkplace Bullying
There is no specific standard legal definition for what constitutes bullying, nor is there specific federal legislation in the United States that prohibits workplace bullying. However, employers could...
View ArticleUnpaid Interns and Trainees Under the FLSA
Unpaid internships or training programs can result in a lawsuit for back wages and overtime under the Fair Labor Standards Act (FLSA) unless specific criteria are satisfied. This Legal Insight analyzes...
View ArticleHot Topics in the Financial Services Industry
It is critical that financial services industry employers understand the consequences of noncompliance with the many laws that apply to this highly regulated industry. This Legal Insight highlights...
View ArticleEmployee Travel Time Under the Fair Labor Standards Act
It can be difficult to determine whether an employee must be paid for time spent traveling, whether the travel is for a business trip, a commute to work or to visit customers during the course of the...
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