For 2013, food service employers can expect a continued aggressive approach from the Equal Employment Opportunity Commission (“EEOC”) as to violations of the Americans with Disabilities Act (“ADA”) in the restaurant industry. The significant increase of ADA charges and lawsuits by the EEOC and private claimants, which began in early 2012, shows little sign of abating in the new year.
Since its enactment in 1993, an unresolved issue under the Family and Medical Leave Act (“FMLA” or “the Act”) was exactly how the definition of “son or daughter” under Section 101(12) of the Act applied to adult children, 18 years of age or older and incapable of self-care because of a mental or physical disability.
Employers face a January 1, 2013 deadline to update the notices they must provide to employees pursuant to the Fair Credit Reporting Act (“FCRA” or “the Act”). The requirement and deadline are the result of the recently created Consumer Financial Protection Bureau (“CFPB”) assuming enforcement authority over the FCRA. Prior to the creation of the new federal agency, the Federal Trade Commission had enforced the Act.
Although the National Labor Relations Board's Acting General Counsel has issued three advisory reports about his views on corporate social media policies within the past year, the Board had not decided an actual case.
In a recent decision, the California Court of Appeal in Patterson v. Domino's Pizza, LLC, 2012 Cal. App. LEXIS 753 (June 27, 2012), held that the trial court erred in granting summary judgment to a franchisor.
On April 25, 2012, the United States Equal Employment Opportunity Commission ("EEOC") issued revised enforcement guidance on the extent to which employers may rely on an individual’s criminal history in making hiring or other employment selection decisions.
A federal judge has ruled that implementation of a rule, requiring most private sector employers to post notice of employee union rights, will not be stayed pending an appeal of the court ruling allowing it to proceed.