employment law | BlueMauMau

DOL Delays Requirement that Employers Provide Employees Notice under Affordable Care Act

Posted Wed, 2013-03-13 09:09 by Mark Fijman

As a further indication of the yet to be written regulations under the Affordable Care Act (“ACA”), the United States Department of Labor (“DOL”) has announced employers

Surge in ADA Disability Lawsuits to Continue in 2013 with Restaurant and Foodservice Employers in Crosshairs

Posted Thu, 2013-02-21 08:09 by Mark Fijman

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.

DOL Issues Employer Guidelines on Parents’ Rights of Leave to Care for Adult Children

Posted Mon, 2013-01-28 08:14 by Mark Fijman

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.

EEOC Announces Targeted Enforcement Efforts in the Workplace

Posted Tue, 2013-01-08 11:00 by Mark Fijman

In the aftermath of the election, all employers should be mindful of the Equal Employment Opportunity Commission’s ("EEOC") recently announced Strategic Enforcement Plan ("SEP") for 2013 – 2016.

Employer Deadline to Update FCRA Notices

Posted Sat, 2012-09-29 12:01 by Mark Fijman

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.

NLRB Issues Its First Social Media Decision

Posted Fri, 2012-09-21 09:35 by Mark Fijman

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.

Franchisor Liable for Franchisee Employment Actions

Posted Wed, 2012-08-29 10:30 by Mario Herman

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.

EEOC Warns Employers Using Criminal Records in Making Employment Decisions

Posted Thu, 2012-04-26 22:56 by Mark Fijman

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.

Federal Judge Rejects Request for Stay in Implementation of Union Rights Posting Requirement

Posted Sat, 2012-03-10 20:45 by Mark Fijman

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.

NLRB Delays Requiring Employers to Post Rights to Unionize

Posted Fri, 2011-10-14 12:26 by Mark Fijman

Franchisees and other employers get a short extension of time before they have to comply with the controversial new rule.

Today's news for the franchise & small biz owner