On May 21, 2008, President Bush signed into law the Genetic Information Nondiscrimination Act of 2008 ("GINA"). GINA amends three employment-related laws including: (1) Title VII of the Civil Rights Act (Title VII); (2) the Employee Retirement Insurance Security Act (ERISA); and (3) the Fair Labor Standards Act (FLSA). While
Four-Day Work Week Wave is Coming
Most state workers in Utah are shifting to 4-day week with announcement of the ‘Working 4 Utah’ initiative, extending state government service hours from 7 a.m. to 6 p.m., Monday through Thursday beginning the first week of August. State administrative offices will be closed on Fridays but essential public services will remain open that already
The Supreme Court’s D.C. Gun Ban Decision: What It Doesn’t Mean
On June 26, 2008, the United States Supreme Court issued a landmark decision confirming that the Second Amendment of the United States Constitution protects an individual’s right to keep and bear firearms. In District of Columbia v. Heller, the Supreme Court interpreted the language of the Second Amendment for the first time in nearly 70
NOW is the Time for Employers to Gear up for the Employee Free Choice Act (Unions Are)
Sometimes a wait and see approach is the right call when it comes to proposed legislation, but not for nonunion employers facing the possible passage of the Employee Free Choice Act (EFCA). EFCA will radically change the way unions organize employers by eliminating the “campaign” phase and secret ballot election that have been the hallmark of
Violence in the Workplace: A Legal Perspective
HR professionals are reminded of their workplaces’ vulnerabilities every time an episode of workplace violence is reported in the media like this morning’s headline “6 dead in plastics factory shooting rampage.” The scope of the problem set out in statistics. There were 5734 workplace fatalities reported to OSHA (2005 is the last year
OFCCP Audits Focus on Systemic Discrimination
The OFCCP reports a record $51.7 million recovered for 22,251 workers. Of the recovery, 98% was collected for cases of systemic discrimination in the application process because of unlawful employment policy or practice according to a published account. Much of the monetary recovery came from the 14 cases of systemic discrimination referred to litigation with the
U.S. Supreme Court Decides Several Employment-Related Cases
On June 19, 2008, the United States Supreme Court issued four employment-related decisions that are briefly summarized as follows:
Meacham v. Knolls Atomic Power Laboratory: The government ordered its contractor to reduce its workforce. The contractor had its managers select employees for layoff based on factors including performance, flexibility, critical skills and seniority. The resulting
E-Verify Coverage and Criticisms: Government Contractor Compliance Quandary
The Amendment to Executive Order 12989 has government contractors and subcontractors scrambling to evaluate their legal obligations. Details remain sketchy, but the following information may help prepare a compliance strategy:
What is the Effective Date for Using E-Verify?
Employers have no immediate requirement to start using E-Verify. According to a SHRM news report, the deadline for federal
Pennsylvania enacts Clean Indoor Air Act Prohibiting Smoking in most Public Places including Workplaces
Governor Edward G. Rendell signed into law the Clean Indoor Air Act, announcing that the Act “will protect Pennsylvanians from the deadly health effects of secondhand smoke by prohibiting smoking in most public places, including restaurants, workplaces and a portion of casino floors.” The new law is effective September 12, 2008.
The Act covers the
Energy Expenses And Gas Prices Motivate Employers To Move To Four Day Workweek: What Are The Legal Issues?
Companies face increased energy cost as the nation’s average gasoline price reached $4.00 per gallon this week spurring a new round of cost cutting measures. Even in prior years, some employers have allowed employees to work alternate workweek schedules, such as four 10 hour days, for summer months. When this schedule is feasible from a production and