It may seem logical that an employer that is concerned about its employees’ health may require employees who have been out on medical or maternity leave to be fully healed before returning to work so as to protect against a re-injury. But, such a requirement may give the employee a claim that the employer has […]
New EEOC Rules Address When an Employer Can Rely on a Criminal Background Check in Making a Hiring Decision
The Equal Employment Opportunity Commission (“EEOC”) has finally issued long-awaited guidelines for employers who wish to use the results of a criminal background check to make hiring decisions. The guidelines are lengthy and convoluted, but some themes are clear. Before discussing the themes in the guidelines, it is important to understand why the EEOC cares […]
NLRB Suspends Posting Requirement Indefinitely
The National Labor Relations Board previously implemented a requirement that all employers – including non-union shops – must post a document advising employees of certain rights no later than April 30, 2012. As a result of challenges to the posting requirement that are pending in the District of Columbia Circuit Court of Appeals as well […]
U.S. Supreme Court requires warrant for GPS tracking.
The U.S. Supreme Court has issued its long-awaited ruling on the use of GPS tracking by law enforcement. The Court concluded that in most instances a search warrant is required. Stay tuned for a longer post analyzing this decision in a few days.
U.S. Supreme Court Rules That the First Amendment Religion Clauses Trump the Americans With Disabilities Act
The U.S. Supreme Court has issued the long-awaited decision in Hosanna-Tabor v. EEOC on the intersection of employee disability law with the religion clauses of the First Amendment to the Constitution. The religion clauses won. Stay tuned for a longer post in a few days.
Now is the Time to Make Sure That Your Independent Contractors are Really Independent Contractors and Not Employees
Most businesses have figured out that W-2 employees must have taxes deducted from their paychecks, and that the business must remit a variety of employee and employer taxes to various governmental authorities on behalf of each of its employees. This means that the employer must keep track of the taxes that are deducted from each […]
