Category: Employment Law

Second Obama WHD Nominee Goes Down in Flames

These Queen lyrics fit what’s going on with President Obama’s nominees to the Wage and Hour Division: And another one gone, and another one gone; another one bites the dust! President Obama withdrew the nomination of Leon Rodriguez to be Administrator of the Wage and Hour Division of the U.S. Department of Labor on Aug. […]

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Social Media and Hiring: Beware of Other Legal Risks

Yesterday, we noted that because of anti-discrimination and credit reporting laws, when it comes to using social media to gain intel on prospective employees, HR professionals cannot just act like kids in the candy store. Why, they can’t even act like kids in the candy aisle at the grocery, because there are even more legal […]

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Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

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Social Media: Used Not Just to ‘Friend’, but to Hire

“Should employers be allowed to screen job candidates based on their online behavior even if their actions are not pertinent to t he listed job?” That was the query today from Washington Post financial columnist Michelle Singletary. For human resources (HR) staff, this is not a theoretical question; it’s a very real struggle. The brave […]

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DOL Keeps Changing ‘Clothes,’ So Donning & Doffing Debate Continues

If Superman had to get government approval on at what point the removal of his Clark Kent suit turns him into a superhero, he might end up feeling like he hit a wall of Kryptonite. That’s likely how many employers feel as they try to deal with conflicting regulatory and judicial opinions on when an […]

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UCLA Hospital to Pay $865,500 in Latest HIPAA Privacy Settlement

In the latest big-ticket enforcement action for alleged HIPAA privacy and security violations, the University of California at Los Angeles Health System (UCLAHS) has agreed to pay the U.S. Department of Health and Human Services (HHS) $865,500 to settle allegations the hospital violated HIPAA’s privacy and security rules. The settlement, announced July 7, resolves two […]

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HIPAA Privacy Expert Discusses Merger Issues

The kind of information exchange that’s necessary before and during a merger or acquisition can raise thorny HIPAA privacy issues, and federal guidance on the subject is sparse at best — especially for employers and other plan sponsors, Senior Editor David Slaughter writes. In such a transaction between companies that are themselves covered by HIPAA […]

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N.Y. Legalizes Same-sex Marriage

New York State will become the sixth state where same-sex marriage is legal on July 24. Gov. Andrew Cuomo (D) on June 24 signed the Marriage Equality Act (MEA) into law. Same-sex marriage already is legal in Massachusetts, Iowa, New Hampshire, Vermont, Connecticut and the District of Columbia. The measure goes into effect one month […]

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SHRM 2011: Three Rules for Email

Email has made it easier than ever for plaintiffs’ attorneys to discover wrongdoing and prove liability, an expert said today at the Society for Human Resource Management’s annual conference in Las Vegas. “The ‘e’ in email is for ‘eternal evidence,’” said Mindy H. Chapman, Esq., president of Chicago-based training firm Mindy Chapman & Associates LLC. A company that has 1,000 employees, each of […]

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