A growing area of concern regarding employee compensation is the use of smartphones or tablets by hourly or nonexempt employees after hours and on weekends. Employers provide these electronic devices to employees to allow them to stay 
connected with the office, co-workers, and clients. This may include answering and reading emails or texts or making
EEOC Settles Its First GINA Case: Request for Employee’s Family Medical History Violates Law
The Equal Employment Opportunity Commission (“EEOC”) announced on May 7, 2013 the settlement of the first case it filed under the Genetic Information Non-Discrimination Act (“GINA”). The case was brought against Fabricut, one of the world’s largest distributors of decorative fabrics. The suit alleged that Fabricut violated both the Americans with Disabilities Act (“ADA”) and
EEOC Hearing on Wellness Programs Highlights Need for Guidance and Legal Risks
During a public meeting on May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) heard testimony from a panel of witnesses representing business and employee advocates and providers regarding the importance 
of developing guidance under the various federal statutes that are implicated by wellness programs.
Notwithstanding the widespread use of wellness programs, there are
DC Circuit Rules that Poster Required by NLRB Would Violate Employer Free Speech
On May 7, 2013 the United States District Court for the District of Columbia 
Circuit ruled that the poster designated by the NLRB as a required method of notifying both union and non-union employees of their rights under the National Labor Relations Act (“NLRA” or the “Act”) is inconsistent with employers’ rights to free speech
Massachusetts Child Work Violations Down, But Employers Must Still Remain Vigilant About Compliance
Summer is just around the corner, and with it will come the usual legions of teenage job-seekers looking to earn money for college and cars. A new study by The Boston Globe [subscription required] found a sharp decrea
se in recent years of child labor violations pursued by the Massachusetts Attorney General’s Office. Even so,
Interns Are Not Free Employees
Summer internships provide employers the valuable opportunity to evaluate individuals for potential future employment positions without having to pay wages. The internship process also has been a rewarding way for students to gain real life experience in a field of their interest. A win- win for everyone, right? Not so fast – certain requirements must
The EEOC Continues Its Focus on Systemic Bias: Is Your Company at Risk for a Discrimination Claim?
Systemic discrimination involves a pattern or practice, policy, or class case where the alleged discrimination has a broad impact on an industry, profession, company or geographic area. The Equal Employment Opportunity Commission (“ EEOC”) usually files 200-300 lawsuits per year, and it is expected that these numbers will hold steady or increase into the future.
When Do I Need to Hire an Outside Investigator to Conduct an Internal Investigation?
A dilemma for certain for employers…internal investigations can be time-consuming, intrusive and costly; and if done incorrectly, the company can be exposed to considerable liability. So when is it appropriate to bring someone in from the outside to look into allegations of improper behavior in the workplace?
Seasoned human resource professionals are more than qualified
CVS Requires Employees to Disclose Personal Health Information
A new medical disclosure policy at CVS Caremark has caused a huge stir. Workers who use the company’s health insurance plan must submit personal information such as height, weight, blood pressure, body fat, and glucose levels. This new policy will impact about 200,000 employees.
Those employees who participate will qualify for a reduction in their
I-9 Form revised as of March 8, 2013
The U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification Form I-9 for use on March 8, 2013. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they