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Appeals Court Holds Part of Health Care Reform Law Unconstitutional

On Friday, August 12, the Eleventh U.S. Circuit Court of Appeals in Atlanta held 2-1 that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. More specifically, the court found […]

Workplace Legislation: Last-Minute Bill Signing Impact Employers

As the enactment deadline for the 2001-2002 state legislative session came down to the wire, Gov. Davis signed a variety of important employment-related bills into law. We’ll provide a complete rundown of all the new measures in a Special Report next month. But here’s a look at some of the more significant new laws, which […]

Disciplinary Meetings: New Ruling Sheds Light on When Employees Are Entitled to Union Representation

A union worker is about to be called into a monthly performance meeting. He asks if he needs union representation, and you say no. Then, because of something that occurs during the meeting, you terminate him. Were you wrong not to put off the meeting until he had representation? We’ll review a recent National Labor […]

I-9 Rules Relaxed for Hurricane Victims Seeking Jobs

The Department of Homeland Security (DHS) has announced that for 45 days, until October 21, 2005, the I-9 employment eligibility verification rules will be relaxed for victims of Hurricane Katrina who are seeking jobs but can’t produce the required I-9 documentation. Many victims lack these documents as a result of evacuations, loss or damage, and […]

Tool of the Week: Prehire Screening Dos and Don’ts

Once you’ve identified the best candidate for the job, prehire screening can help you make sure you’ve got the best possible fit. Prehire screening takes a number of different forms and can include reference hecking, license and education verification, medical or psychological testing, drug screening, skills testing, and credit checks. Each of these processes can […]

Occupational Health and Safety Law May Apply to Nonworkers

A customer is hit by a car in your parking lot and is severely injured. You call 911 and a fire truck and ambulance arrive on the scene. A police officer also interviews all witnesses. This makes sense – the customer needs medical attention and the police have to investigate the incident. Surely your obligations […]

EEOC lawsuits may change how employers handle sexual orientation issues

by Brent E. Siler The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuits alleging that discrimination based on sexual orientation is sex discrimination under Title VII of the Civil Rights Act of 1964. While the EEOC has successfully filed sex discrimination claims on behalf of LGBT employees in the past, the recent lawsuits […]

Court: Accommodation That Eliminates Essential Functions Is “Per Se” Unreasonable

Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]

Contractors for Storm Clean-up Pose Misclassification Risks

Hurricane Sandy’s path of destruction has left many homeowners, municipalities and businesses in need of reconstruction and repairs — and when such weather-related disasters require massive reconstruction efforts, many landscapers and builders hire subcontractors to help. Increased joint employer liability, particularly in those industries that frequently use subcontractors, often goes hand-in-hand with worker misclassification. Employers […]

Mental Health Parity Act Effective Date Delayed

Update: Mental Health Parity Changes Take Effect January 1, 2010 Congress deferred the effective date of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 to January 2010 for plans that otherwise would have been covered in 2009. The Mental Health Parity and Addiction Equity Act amends the Employee […]