Articles and Blogs

A growing number of lawsuits, including collective action cases, are aimed at requiring employers to pay employees such as nurses and other surgical staff starting from the time they commence getting changed into their required work clothes. Until recently, hospitals and health systems may not have thought twice about requiring nurses to change into... READ MORE

Members of today’s workforce generally fall into one of three classifications: employers, employees and independent contractors. Recently, federal and state agencies have zeroed in on employee/independent contractor classifications and have increased their enforcement efforts as a way to increase agency revenue.  For example, the Government Accountability Office estimates that unpaid taxes stemming from employee... READ MORE

Many employees are opting to work remotely today due to the efficiency and convenience of technology.  Nonetheless, when employers hire remote employees, employers must ensure continued compliance with Form I-9 requirements. READ MORE

On April 8, 2014, President Obama signed a new Executive Order prohibiting federal contractors from discriminating or retaliating against employees who discuss their compensation.  On the same date, President Obama also issued a Presidential Memorandum directing the Secretary of Labor to issue new rules governing the collection of summary compensation data from federal contractors.  READ MORE

In Mitchell v. JCG Industries and Koch Foods, the plaintiffs, a class of unionized employees, alleged that their employer violated the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law by failing to pay them for time spent donning and doffing protective and sanitary clothing at the beginning and end of their... READ MORE

On March 25, 2014, the United States Supreme Court issued its ruling in United States v. Quality Stores, Inc., et al., holding in an 8-0 decision that severance payments made to employees involuntarily terminated from employment are generally considered taxable wages under the Federal Insurance Contributions Act (“FICA”).  The decision overturns an earlier ruling... READ MORE

Employers covered by Title VII of the Civil Rights Act are required to reasonably accommodate the religious practices of employees as long as it doesn’t create an undue hardship on the employer’s operations.  Determining whether to accommodate (and how to accommodate) an employee or applicant’s request for a religious exception can be challenging, particularly... READ MORE

If you conduct background checks on applicants or employees, then you are probably aware that there are several laws that regulate the use of background checks for employment purposes.  Specifically, the Federal Trade Commission (“FTC”) enforces the Fair Credit Reporting Act (“FCRA”), a federal law that imposes obligations on employers who use third parties... READ MORE

The OFCCP recently published regulations that significantly revise the affirmative action requirements for qualified individuals with disabilities (“IWDs”) and protected veterans.  The new regulations, which apply to covered federal contractors, become effective on March 24, 2014.  READ MORE

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE