Employment & The Law - Fall 2011
Perspectives on the Final Regulations to the ADA Amendments Act
The wait is over. The new regulations interpreting the Americans with Disabilities Act (ADA) Amendments Act are now effective, and with them comes a new world of disability claims for employers. The ADA Amendments Act expanded what it means to be disabled, and favors coverage of individuals to the “maximum extent” permitted by the ADA. [Read more →]
Could the Unemployed be the New Protected Class?
Denying employment opportunities to individuals because of their unemployed status may someday become unlawful discrimination. On September 12, 2011, President Obama introduced to the United States Congress the American Jobs Act of 2011 (the Jobs Act), which includes a provision entitled the “Fair Employment Opportunity Act of 2011” (the Proposed Act). [Read more →]
E-Verify and Enforcement Efforts Continue to Expand
During the past year, numerous new state laws have been enacted requiring employers to use E-Verify (the electronic system to verify the eligibility of newly hired employees to work in the United States). At the federal level, the administration continues to expand audits of Form I-9s (“I-9 forms”) and has increased its level of I-9 discrimination-related enforcement as well. Amid this government activity, several members of Congress have introduced legislation that would require all U.S. employers to use E-Verify. [Read more →]
The NLRB’s Poster Child: New Rule Requires Employers to Post Information Regarding an Employee’s Rights Under the NLRA
In August 2011, the National Labor Relations Board (the Board) issued a Final Rule requiring employers to post notices informing their employees of their rights under the NLRA. The Board issued this requirement, which goes into effect January 31, 2012, in response to its belief “that many employees protected by the NLRA are unaware of their rights under the statute.” [Read more →]
Getting Paid the Same: Claims Under the EPA
Your company has a diverse sales force that includes both men and women. All of your salespeople are responsible for calling on existing and potential customers, renewing and increasing existing accounts, and closing sales with new accounts. All receive a base salary plus commissions and, although their base salaries differ, their commission rates are the same. One of your female salespeople, hired on the same day as a male, learns that her overall compensation last year was significantly less than his. She complains to human resources about not getting paid the same for “equal work.” What’s your response? [Read more →]
Georgia Supreme Court Opinion Alert: Is Signing a Garnishment Answer the Unlicensed Practice of Law?
Among the wide variety of mandatory withholdings that payroll departments deal with are wage garnishments. In addition to computing and withholding the statutory amounts from the affected employee’s earnings, the employer must file an answer with the applicable court each month and pay the withheld funds into the registry of the court. An employer’s failure to handle this process properly can lead to entry of a default judgment against the employer for the full amount of the judgment that the plaintiff holds against the employee. [Read more →]
Sale of Part or All of an Employer’s Business: Potential Pitfalls For Buyers and Sellers Under the Federal WARN Act
Under the federal Worker Adjustment and Retraining Notification (WARN) Act, employers must provide advance warning of mass layoffs and plant closings to every affected employee. This article explores the general requirements of the WARN Act, and some potential pitfalls employers should avoid when buying or selling part or all of a business. [Read more →]
More Gridlock? Some Very Partisan Proposals Flood the Congressional Docket
This year’s spectacular show of partisan gridlock over raising the debt ceiling left the American public less than satisfied. This gridlock shows no signs of abating. The makeup of Congress has once again changed, as Republican Bob Turner won the special election to replace Democrat Anthony Weiner. The return of Gabrielle Giffords marked a rare high point, as she traveled to Washington, D.C., to take part in the debt ceiling vote. [Read more →]