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.

Bullying in the Workplace: New Laws or Stronger Employer Policies?

Bullying in the workplace is an issue that 72 percent of Americans are aware of, according to a 2014 survey by the Workplace Bullying Institute. However, the institute believes not enough is being done to fight this problem because workplace bullying is not considered protected discrimination under federal employment law. So through its Healthy Workplace […]

IRS Mandates Electronic Filing by Large Retirement Plans

IRS issued final regulations requiring employer retirement plan sponsors or administrators that file at least 250 returns in a calendar year to submit Form 5500 annual reports and other plan-related documents electronically. The regulations are effective Sept. 29, and apply for plan years that begin on or after Jan. 1, 2014, and have a filing […]

NY Mets Brass Charged with Pregnancy Discrimination

A former New York Mets executive has filed a federal lawsuit against the baseball franchise alleging violations of the Family and Medical Leave Act and the New York State Human Rights Law, claiming that she was harassed and ultimately dismissed for being pregnant. The complaint, filed by Leigh Castergine in the U.S. District Court for […]

OFCCP Would Ban Pay Secrecy Policies by Federal Contractors in Proposed Rule

The Office of Federal Contract Compliance announced a proposed rule Sept. 15 to prohibit pay secrecy policies at government contractor firms. The proposal is the result of an executive order signed by President Obama in April requiring federal contractors to abide by pay transparency rules. “Under the terms of the proposal, federal contractors and subcontractors […]

Learn About the HR Risks of Social Media During Sept. 24 #hrintelchat

The rise of social media has opened employers up to a wide range of new employment law risks. Everything from privacy issues to leave and disability concerns can come up when employees use social media. It only seems fitting to engage in a discussion about social media, using social media. On Wednesday, Sept. 24 at […]

EEOC Lawsuit Says Employer Violated GINA by Requesting Too Much Medical Info

An employer violated the Genetic Information Nondiscrimination Act when it asked applicants and employees for information about their medical history, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Sept. 17. BNV Home Care Agency, Inc., a New York City home care services agency, required applicants to complete an “Employee Health Assessment” after […]

Last-minute Tips for Amending HIPAA Business Associate Contracts

As the transition period for amending business associate agreements draws to a close, HIPAA experts have highlighted some issues for plan sponsors to keep in mind. Under last year’s HIPAA/HITECH omnibus rules, all contracts with business associates must be compliant with the rules by Sept. 22. Obviously, group health plans and other HIPAA-covered entities that […]

Health Insurer Employee Pleads Guilty to SSN Theft

A former employee of a Massachusetts-based health insurer pleaded guilty to one count of illegal disclosure of Social Security numbers, after federal prosecutors alleged she stole plan members’ SSNs and other personal identifying information as part of a scheme to defraud the government. Emeline Lubin faces a possible prison sentence of up to five years […]

OFCCP Issues New Directive on Gender Identity, Sex Discrimination

Another step in tightening the employment law obligations of federal contractors has begun with an Aug. 19 directive that protects individuals with claims of gender identity and transgender status from discrimination. The directive, from the Office of Federal Contract Compliance Programs under the U.S. Department of Labor, was spurred by an executive order issued by […]

OCR Expects Consistency in HIPAA Breach Response

When investigating a breach of IT network security leading to leakage of protected health information, HHS looks for consistency in the covered entity’s response — with both HIPAA rules and the organization’s own written procedures, according to a former official with HHS’ Office for Civil Rights. OCR tends to “expect a perfect assessment done the […]