By: Chuck Post and Lizbeth West
The EEOC issued its “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.” on April 25, 2012. (“EEOC Enforcement Guidance No. 915.002”.)
Continue Reading Arrest and Conviction History: As to Banks and Financial Institutions, Is the EEOC’s Guidance Built on An Erroneous Foundation?
The newly revised Form I-9 is here! A revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment eligibility of every new hire, must be used starting March 11, 2013. The new form includes the expansion of the Form I-9 from one to two pages (not including the “List of Acceptable Documents” and form instructions), additional data fields (such as the new hire’s email address and phone number), enhanced Form I-9 instructions, and a revised layout.
Continue Reading Spring Cleaning Your Hiring Packet?: Start With The Newly Revised I-9
By: James L. Brannen
In Sanchez v. Swissport, Inc. (2013) 2013 Cal. App. Lexis 131, the Second Appellate District of California, for the first time, has addressed whether an employer who provides the full amount of leave allotted by the California Family Rights Act (CFRA) and Pregnancy Disability Leave (PDL) to a pregnant employee with early pregnancy-related disabilities, can still be held liable for failing to provide additional leave to that employee under the Fair Employment and Housing Act (FEHA) as a reasonable accommodation until after the employee gives birth.Continue Reading Second Appellate District Holds that Employers do not Fulfill FEHA Obligations by Providing the Statutory Four-Month PDL Leave to Employees with Pregnancy-Related Disabilities
By: Lizbeth V. West, Esq.
Effective March 8, 2013, those employers covered under the federal Family and Medical Leave Act (FMLA) will be required to comply with the recently issued regulations from the U.S. Department of Labor (DOL). The majority of the new regulations relate to the FMLA’s military leave provisions and the Airline Flight Crew Technical Corrections Act. However, there are a few other minor changes and requirements, including the requirement that employers replace their FMLA poster with an updated poster by March 8, 2013.Continue Reading Are You Ready For Your New Compliance Obligations Under The FMLA?
Employers should be planning ahead for the January 1, 2014 implementation of the “Employer Shared Responsibility” provisions of the Affordable Care Act. That is because the average number of workers a company employed during 2013 will determine whether an employer is a “large employer,” and must offer minimum levels of health insurance to its employees, for 2014. The Internal Revenue Service has now issued a 144-page proposed rule and added a “Q&A” section to the IRS website (found here) geared toward explaining how it will decide whether an employer is required to offer affordable health insurance and what levels of coverage must be provided.Continue Reading IRS Gives Employers Guidance on the Employer Shared Responsibility Provisions of the Affordable Care Act
