As discussed in a previous blog post, the Fair Credit Reporting Act (“FCRA”) expressly requires employers to provide applicants with a stand-alone disclosure and authorization form prior to obtaining a background check.
IRS Issues Final Regulations Clarifying Substantial Risk of Forfeiture Under Section 83 of the Internal Revenue Code
The Internal Revenue Service (IRS) recently released new final regulations under Section 83 of the Internal Revenue Code (the Code) that confirm several positions that it has successfully taken in litigation about what is a substantial risk of forfeiture (SRF) under Section 83 of the Code.
The Supreme Court ruled earlier this week, in Lawson v. FMR, that whistleblower protections under the Sarbanes-Oxley Act also apply to a public company’s private contractors. It’s a ruling that is currently getting a lot of attention as the impact of the decision is extremely far-reaching.
With this new year comes new resolutions and the implementation of new bills involving leave. The Family and Medical Leave Act and similar state laws give covered employees the right to take leave for addressing certain health conditions, caretaking, or parenting, but that leave is unpaid.
On Tuesday, the United States Supreme Court held that the whistleblower protections that apply to employees of publicly traded companies under Section 1514A of the Sarbanes-Oxley Act, also extend to employees of private contractors and subcontractors that serve those public companies.
The (limited) Ability to Restrict Employees’ Freedom of Speech Following the Termination of Their Employment Contract
Freedom of speech is considered to constitute a fundamental right for employees both outside and within an employer’s premises. However, generally speaking, the exercise of this right is not considered to be legitimate if it leads to abuse, such as excessive, insulting or defamatory statements.
The U.S. Supreme Court has agreed to resolve a split among the federal circuits regarding whether time spent in security screenings is compensable under the Fair Labor Standards Act (FLSA), as amended in 1947 by the Portal-to-Portal Act.
On February 10, 2014, the Department of the Treasury issued final regulations on the Affordable Care Act’s (“ACA”) Employer Shared Responsibility Payment. Starting January 1, 2015, depending on the number of full-time employees and equivalents, employers will be subject to potential penalties if they fail to offer affordable coverage to substantially all full-time employees.
Yesterday a Department of Labor spokesman informed Bloomberg BNA that its final rule regarding the “advice exception” to the so-called “persuader rule” in the Labor-Management Reporting Disclosure Act of 1959 (LMRDA) will not be issued in March as announced back in November, 2013.
We have often written that tattoos, certain headwear or other garb, and grooming habits, are not per se covered by Title VII.