Topic: news

EEOC Limits Options for Employers Fighting Age Discrimination Claims

On March 30, 2012, the Equal Employment Opportunity Commission published its final rule on regulations governing the Age Discrimination in Employment Act (ADEA). The regulations, which will go into effect on April 29, 2012, outline the EEOC’s position on the “reasonable factors other than age” defense in age discrimination claims. The new rules lay out… Read more »

Lawyer: Asking for Facebook Password in Hiring Process Might Violate the Federal Stored Communications Act [Video]

The web is abuzz with news (and fairly unanimous outrage) that some employers are asking job candidates for their Facebook passwords, as a way to do proper due diligence on the folks they’re hiring. Make what you will of the practice, personally, there are certainly legal implications to it. Here’s a quick video analysis on… Read more »

3 Videos Every Business Owner Should Watch

For your reference, here are three excellent video advisories by leading law firms, of interest to any business owner, entrepreneur, manager, or the like: On Data Privacy & Security Loeb & Loeb LLP attorneys Seth Rose and Jim Taylor provide insights into what companies can do to mitigate the risk of litigation in the areas… Read more »

5 Health Law Updates for Employers. You Should Know…

For your reference, here are five health law updates of note for all employers. You should know: 1. The Tale of the Tape: Healthcare Reform Law Reaching the Workplace [Sheehan] “The Patient Protection & Affordable Care Act (PPACA) imposes a number of mandates, on individuals, employers and insurers. While some mandates have been highly publicized… Read more »

FMLA Update: Proposed Changes to Military Family Leave Rules

On January 30, 2012, the Department of Labor announced proposed revisions to the Family and Medical Leave Act, including an extension of leave for military caregivers. The changes will not become effective for approximately 60 days, and may be further revised based on comments the Department of Labor receives during that time. Until then, here’s… Read more »

Crowdfunding & Startup Capital: A Look at Legislative Initiatives to Ease Restrictions

“There has been a lot of talk recently about a phenomenon called crowdfunding, a new type of fundraising that relies on social media and the Internet to raise small amounts of capital from large numbers of individuals. Despite the talk, crowdfunding remains impermissible under the securities laws absent a costly registration with the SEC and… Read more »

Telemarketers Beware: Supreme Court Raises Stakes of Telephone Consumer Protection Act Violations

On January 18, 2012, a unanimous Supreme Court ruled that consumers are permitted to file private actions under the Telephone Consumer Protection Act in federal as well as state court. The decision in Mims v. Arrow Financial Services opens the door for additional TCPA complaints, particularly those brought by consumers in states with weaker consumer… Read more »

Employer Health Care & W-2s: Mandatory Reporting of Costs in 2013

Under the Patient Protection and Affordable Care Act, in 2013 employers must begin reporting “aggregate costs” they pay for employee health coverage on the individual W-2 Forms of those employees. For your reference, five takeaways from the recently published Internal Revenue Service guidance on the reporting requirement: On Aggregate Costs… “‘Aggregate cost’ is the total… Read more »

NLRB Rules Mandatory Class Action Waivers Unlawful: 6 Takeaways for Employers & Employees

On January 3, 2012, the National Labor Relations Board ruled in D.R. Horton that the National Labor Relations Act prohibits mandatory arbitration policies forcing employees to give up their rights to participate in class action lawsuits over workplace conditions. As a result, employers with arbitration policies in place will need to review those policies to… Read more »