Articles and Blogs

Often times when an employee is at home while on an approved FMLA leave, work-related questions will arise that only the employee can answer.  So, the manager or a co-worker will call the employee at home and get the answer.  Usually that’s not a problem – but it could be depending on how often... READ MORE

What Employers Need to Know about the Fair Credit Reporting Act If you use a third party to conduct background checks, then you have probably heard of the Fair Credit Reporting Act (“FCRA”).  The FCRA is a federal law that imposes several very specific obligations on employers who use third parties to conduct background... READ MORE

Talk of Job Security Is “Inherently” Concerted and Protected We all know by now that private employees are protected if they engage in concerted activity for their mutual aid or protection.  We also know that the protections afforded employees under the NLRA can be interpreted quite broadly.  The current NLRB has done just that... READ MORE

NLRB to Petition for Supreme Court Review of Recess Appointments The National Labor Relations Board today announced that it has determined not to seek en banc rehearing in Noel Canning v. NLRB, in which the U.S. Court of Appeals for the D.C. Circuit held that the January 4, 2012 recess appointments of three members... READ MORE

On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) released the long-awaited new Form I-9 for employers.  The new form is available here and features a newly-designed layout, more detailed instructions and additional data fields for completion.  Employers should begin using the new form immediately. Here is what’s new: READ MORE

A new Form I-9 was issued by USCIS yesterday, March 8, 2013.  The newly revised Form I-9 includes additional data fields, improved instructions and a new layout that expands the form to two pages.  Employers should begin using the new Form I-9 now.  However, there will be a 60-day grace period until May 7, 2013,... READ MORE

Last month, HHS issued final rules on “essential health benefits” required under the Patient Protection and Affordable Care Act (“PPACA”).  Those rules are important for the future of state and federal health insurance exchanges because they finalize the rules with which insurance companies must comply in providing benefits to their insureds.  However, these essential... READ MORE

Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should... READ MORE

As we reported in our February 12, 2013 HR Insights blog positing New FMLA Regs and New FMLA Poster – March 8, 2013, the new FMLA regulations made several changes to the provisions dealing with military servicemembers and their families.  Besides requiring a new FMLA poster that addresses these changes, the U.S. Department of Labor Wage-Hour... READ MORE

Over the past five years, the FMLA has been amended on several occasions. While the FMLA was amended most recently in late 2009 under the National Defense Authorization Act (“NDAA”) and the Airline Flight Crew Technical Corrections Act (“AFCTCA”), the U.S. Department of Labor Wage and Hour Division delayed in issuing proposed regulations until... READ MORE