Articles and Blogs

On March 30, 2012, the EEOC published its final rule providing guidance on the applicability of an important employer defense to claims of disparate impact under the Age Discrimination in Employment Act (“ADEA”).   The ADEA prohibits employment discrimination against people who are 40 years of age or older.  The rule applies to private employers... READ MORE

Employers frustrated by employees who fail to report to work after their FMLA benefits have expired may be in luck!  Earlier this year, the U.S. District Court for the District of Maryland held that an employer may terminate an employee who fails to report to work on his return-to-work date. READ MORE

Last year a new Indiana law [I. C. 35-38-8-7] went into effect that allows persons convicted of non-violent misdemeanors and certain felonies to petition a court to restrict access to the records and, if the court grants the petition to, according to the law, “legally state on applications for employment and any other document... READ MORE

Last week, we informed you of an OFCCP sponsored webinar originally scheduled for today, March 27.  According to OFCCP, the webinar would address how affirmative action compliance audits of TRICARE network providers would be handled in the wake of Congress’ decision to carve out TRICARE network providers from OFCCP’s jurisdiction.  Unfortunately, OFCCP canceled the webinar and has... READ MORE

On March 19, 2012, Governor Mitch Daniels signed Indiana’s new No Smoking Law, which finally passed after many fits and starts in the General Assembly.  The new No Smoking Law takes effect on July 1, 2012 and contains several provisions that directly affect Indiana employers.  In general, all Indiana employers that are not exempted... READ MORE

Three and a half months ago, Congress included language in the National Defense Authorization Act (“NDAA”) declaring that TRICARE network providers will not be subject to OFCCP’s jurisdiction solely on the basis of their TRICARE network agreements.  The NDAA did not, however, address OFCCP coverage over health care providers in any other context, nor... READ MORE

As we approach the one-year anniversary of the ADAAA regulations, we have caught only a glimpse of the true effect of these legal changes. We have seen a string of multi-million dollar settlements from the EEOC involving class disability claims, culminating in Verizon’s payout of $20 million for an allegedly “illegal” and “inflexible” no-fault... READ MORE

On March 2, 2012, the enforcement provisions of the NLRB’s Notice of Employee Rights posting rule were struck down by a federal district court for the District of Columbia.  The ruling let stand the overall requirement that private employers must post a Notice of Employee Rights prescribed by the NLRB on and after April... READ MORE

Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves.  Take a look at the top right hand corner of those forms.  It’s very likely that it says the form expires on December 31, 2011 (or even earlier).  In February the DOL issued... READ MORE

The employer hears a knock at the door.  Surprise!  ICE is on the other side to serve the employer with a Notice of Inspection to audit Forms I-9.  Of course, the employer repeats the ever-popular phrase, “Keep Calm and Carry On,” but what happens next?  Thoughts may be racing through the employer’s mind such... READ MORE