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New California Legislation Prohibits Employers from Requiring Access to Social Media Accounts of Employees
October 9, 2012 | Blog | By Martha Zackin
We have written here about the practice of some employers to ask applicants for their Facebook login and password information, so they can have a “look around” as part of the interview process, and about Facebook's position on such requests.
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NLRB Mandates Wholesale Changes to Costco's Social Media Policy
September 20, 2012 | Blog | By Martha Zackin
There is no denying that the NLRB has recently devoted significant attention to employee’s use of social media. Since August 2011, the Board's Acting General Counsel, Lafe Solomon, issued three reports outlining his view of how the NLRA applies to employers’ social media policies and employees’ social media postings.
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Second Circuit Confirms That Title VII Discrimination Awards are Taxable
September 14, 2012 | Blog | By Martha Zackin
Recently, the Second Circuit Court of Appeals confirmed that awards of back pay and front pay under Title VII constitute “wages” under the Internal Revenue Code and are therefore subject to statutory withholding requirements.
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IRS Issues Rules on "Full-time Employees" and 90-day Waiting Period Limitation under the Affordable Care Act
September 10, 2012 | Blog | By Martha Zackin
In a much anticipated move, the IRS recently issued a set of important proposals aimed at helping employers identify their full-time employees for purposes the Affordable Care Act’s “employer shared responsibility” rules. These are the 2014 rules that require employers with 50 or more full-time equivalent employees to offer health coverage or pay money to the government.
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HHS Clarifies Temporary Enforcement Safe Harbor for Contraceptive Services under Plans of Certain Religious Employers
August 29, 2012 | Blog | By Martha Zackin
The Affordable Care Act’s requirements relating to first dollar coverage of preventive has hit something of a snag on the subject to coverage of contraceptive services on the part of religiously-affiliated entities such as colleges, universities and hospitals.
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Psychological Counseling May Constitute a Medical Examination Under the ADA
August 27, 2012 | Blog | By Martha Zackin
Last week, in a case of first impression titled Kroll v. White Lake Ambulance Authority, the Sixth Circuit found that psychological counseling may qualify as a “medical examination” under the Americans With Disabilities Act (“ADA”), which forbids employers from requiring medical exams unless they are job-related.
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New York Enhances Employee and Consumer Privacy Rights Under its Social Security Number Protection Law
August 24, 2012 | Blog | By Martha Zackin
Four years ago, New York enacted a Social Security Number Protection Law, N.Y. Gen. Bus. Law, §399-dd, aimed at combating identity theft by requiring employers to better safeguard employee social security numbers in their possession. Now, New York is going one step further with its passage of two new Social Security Number Protection laws.
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NLRB Takes Aim at Policies Designed to Ensure Confidentiality of Internal Investigations
August 13, 2012 | Blog | By Martha Zackin
The National Labor Relations Board continues to expand the scope of the National Labor Relations Act in union and non-union workplaces – this time taking issue with an employer’s policy prohibiting employees from discussing ongoing internal investigations.
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Background Checks: Stepped-Up Enforcement of FCRA
August 9, 2012 | Blog | By Martha Zackin
By this time, most employers realize that the Fair Credit Reporting Act governs all types of employment-related background checks, not just credit checks.
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Morbid Obesity as a Covered Disability under the ADA
July 27, 2012 | Blog | By Martha Zackin
Almost two years ago, we wrote that the EEOC had filed its first-ever lawsuit asserting that “severe” obesity was a protectable disability under the ADA. That case, EEOC v. Resources for Human Development, Inc., provided little guidance to employers about where the EEOC would draw the line on when obesity is “severe” enough to constitute an ADA-protected disability.
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Noncompete Agreements: New NH Law Restricts Enforcement
July 24, 2012 | Blog | By Martha Zackin
New Hampshire became the latest state to enact a law pertaining to noncompete agreements.
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The Affordable Care Act, Stand-Alone Health Reimbursement Accounts, and the Prospects for Consumer-Driven Health Plans
July 17, 2012 | Blog | By Martha Zackin
Employers are increasingly looking to consumer-driven health plans (CDHPs) in an effort to control health insurance costs. CDHPs generally combine a high-deductible health plan with a tax-advantaged account, such as health reimbursement arrangement (HRA), that enrollees can use to pay for otherwise uninsured health care expenses.
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The Next (Big) Affordable Care Act Argument--and How it Impacts Employers and Employer-Sponsored Group Health Plans
July 11, 2012 | Blog | By Martha Zackin
In a July 7 article entitled Brawling Over HealthCare Moves to Rules on Exchanges, The New York Times reported on a brewing challenge to tax credit provisions of the Affordable Care Act that will affect both employers and individuals.
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DOL Publishes New Employees' Guide to the FMLA
July 6, 2012 | Blog | By Martha Zackin
Recently, the U.S. Department of Labor released a user-friendly Employees' Guide to the Family and Medical Leave Act. The guide is targeted at employees, but may also serve as a helpful tool for employers looking for an efficient summary of the law.
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New York Close to Amending its Wage Deduction Law (Section 193)
June 27, 2012 | Blog | By Martha Zackin
New York employers will be pleased to know that Governor Cuomo is expected to sign a bill passed last week amending New York’s Wage Deduction law (Section 193) to permit employers to deduct certain amounts from employee wages to recover wage overpayments and for the repayment of employer loans.
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E-Verify: Pros and Cons of Extra Government Scrutiny
June 26, 2012 | Blog | By Martha Zackin
Susan Cohen, Chair of Mintz Levin’s Immigration Section, was recently quoted in the Bloomberg BNA Daily Labor Report article AILA Panel Weighs Pros, Cons to Employers Of Extra Government Scrutiny Under E-Verify.
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NLRB Told to Follow its Precedent or Explain Why
June 25, 2012 | Blog | By Martha Zackin
The United States Court of Appeals for the District of Columbia Circuit recently joined other courts in reining in the efforts of federal agencies to legislate by administrative action.
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NLRB Issues Third Report Concerning Social Media
May 31, 2012 | Blog | By Martha Zackin
On May 30, 2012, the National Labor Relations Board (NLRB or the Board) Acting General Counsel issued a press release announcing publication of its report on social media, in which it examined seven cases involving policies governing the use of social media by employees. For information pertaining to the earlier two reports.
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Termination of Employee Based on her Marriage to an Undocumented Alien Does Not Violate Title VII
May 30, 2012 | Blog | By Martha Zackin
In 2011, the United States Supreme Court held in Thompson v. North American Stainless that an employer may violate Title VII by retaliating against an employee who is related to a worker engaged in conduct protected by Title VII—even if the employee himself neither raised a claim of discrimination nor engaged in any protected conduct.
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No Expectation of Privacy in Emails Sent Over Employer's Email Account, Massachusetts Court Decides
May 21, 2012 | Blog | By Martha Zackin
Does an employer invade an employee’s privacy by accessing and reviewing the employee’s email? A recent Massachusetts Superior Court decision, Falmouth Firefighters Union v. Town of Falmouth, answers “no.”
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