Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

NLRB’s GC Says McDonald’s on the Hook for Franchisee Violations as Joint Employer

McDonald’s parent company would be liable as a joint employer in any proceedings by the National Labor Relations Board on labor and wage violations at McDonald’s franchises, the NLRB’s general counsel said in a July 29 determination. The franchisees’ alleged violations of the National Labor Relations Act relate specifically to a spate of lawsuits filed […]

Preventing Employee Data Leaks Requires Proper Safeguards

Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to employment law attorney Robert Fitzpatrick. Employee data breaches can be classified into the deliberate and […]

Laws That ‘Ban the Box’ on Job Applications Keep Trending

“Ban the box.” It’s not just a catchy phrase, but represents a law that restricts employers from asking a job applicant about his or her criminal history during the initial employment application. The ban-the-box law — a state, county and city mandate that requires employers to remove the criminal record disclosure box from job applications […]

EEOC Plans Disability Hiring Goal for Federal Employers

The U.S. Equal Employment Opportunity Commission announced May 15 its intent to issue regulations that create a plan for federal employers to serve as “model employers” of workers with disabilities — a plan that may include a hiring goal, according to the commission. The announcement came just weeks after a 7-percent hiring goal for federal […]

Employee Challenges Wellness Incentive under State Wage-Hour Law

A pharmacy chain is being sued over its requirement that employees undergo a “wellness exam” or pay a $600 surcharge on their health plan contribution. The lawsuit, filed in California state court as a class action, characterizes the surcharge as an illegal “wage deduction,” and contends that employees who did take the exam should have […]

EEOC Increases Fine for Notice Posting Failures

Beginning next month, employers can be fined $210 per incidence for failing to post notices required by federal nondiscrimination laws. The change, which raises the fine from $100 per incidence, was announced in the Federal Register Wednesday (29 C.F.R. Part 1601). It takes effect April 18. Title VII of the Civil Rights Act of 1964, […]

UPS Attendance Policy Under Fire for Second Time

An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]

AOL Debacle Highlights Need to Maintain HIPAA Privacy Practices

Although sponsors of group health plans have had their hands full sorting through the still-changing Affordable Care Act requirements, the recent uproar involving AOL CEO Tim Armstrong is a stark reminder of the need to stay vigilant on HIPAA privacy — even as companies wrestle publicly with health care costs. As has been widely reported, […]

NLRB Sues Wal-Mart for Allegedly Violating Workers Rights to Strike for Higher Wages

Retail giant Wal-Mart Stores Inc. could be facing substantial back pay fines and other remedies related to a federal complaint alleging it violated its employees’ rights with its response to organized strikes in 14 states that called for higher wages and other worker benefits. The National Labor Relations Board consolidated complaint alleged that Wal-Mart violated […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]