Articles and Blogs

The OFCCP is hosting a series of webinars designed to help federal contractors understand and implement its newly published regulations regarding affirmative action for individuals with disabilities and certain protected veterans.  These new regulations, which become effective on March 24, 2014, significantly change the affirmative action obligations related to individuals with disabilities and certain... READ MORE

IRS rules governing health flexible spending arrangements (“FSAs”) require cafeteria plans to forfeit unused amounts left in a participant’s health FSA at the end of a plan year. This so-called  “use-it-or-lose-it” rule was perceived as a significant barrier to health FSA participation by many employees, especially lower and moderate income employees.  They are more... READ MORE

Previous blog posts have highlighted the importance of analyzing, for purposes of both day-to-day operations and litigation strategy considerations, whether, as an initial matter, an individual can even invoke the anti-discrimination protections available under certain federal employment laws (e.g., Title VII, ADA, ADEA, ERISA). For example, our May 11, 2012 post analyzed whether a... READ MORE

NLRB Administrative Law Judge Says Ban Is Lawful An Administrative Law Judge (“ALJ”) has put at least a temporary stop to what many have seen as a trend to expand employee rights under the National Labor Relations Act.  The NLRB General Counsel’s complaint filed against an employer, who maintained a policy prohibiting the recording... READ MORE

The Internal Revenue Service (“IRS”) is warning consumers about a telephone scam that targets taxpayers, and specifically immigrants, throughout the country.  During the scam phone call, victims are threatened with arrest, deportation or suspension of a business or driver’s license if they do not promptly pay money allegedly owed to the IRS through a... READ MORE

“I want to be evaluated by a different hiring manager.” An African American submitted his résumé for a project manager position through a third-party recruiting firm.  He was subsequently contacted by the recruiting firm to discuss his candidacy and to complete a required assessment for the application process. However, by his own admission, he... READ MORE

E-Verify Is Down, but I-9s Are Up Employers who attempted to access E-Verify during the week of October 2 were stopped by the following error message: “E-Verify is currently unavailable due to a government shutdown.”  This error message raised several questions for employers, specifically whether Form I-9 requirements were suspended as well.  This concern... READ MORE

DOL Extends Minimum Wage and Overtime Protections to Home Care Workers Last week, the Department of Labor’s (“DOL”) Wage and Hour Division released a new rule extending minimum wage and overtime protections under the Fair Labor Standards Act (“FLSA”) to home care workers employed by third-party employers.  The new rule, which is not scheduled to... READ MORE

EEOC and NLRB Are Idle With the failure of Congress last night to fund the federal government, several of the agencies responsible for the investigation and enforcement of federal labor and employment laws have gone idle. Except for life threatening emergencies, property preservation and actions to accept filings to avoid statutes of limitations, most other... READ MORE

State Attorneys General Criticize EEOC Guidance on Criminal Background Checks Ever since the EEOC issued its “updated” Enforcement Guidance on the use of criminal background checks in April 2012, employers have struggled to understand exactly what could be asked and used in screening candidates for employment.  (See our article “Arrest and Conviction Records –... READ MORE