You’ve been verifying I-9’s since the Immigration Reform and Control Act became effective in 1986. Imagine your surprise to receive a letter from the Civil Rights Division of the U.S. Department of Justice notifying you that you are being investigated for document abuse discrimination in the employment eligibility verification process.
H&M International employee Ehnae Northington, the future plaintiff, was dating co-worker Terrell Maghett. Unfortunately, Maghett was already involved in a seven-year-long dating relationship with another female coworker, Shequita Sims. When Sims became suspicious that Maghett was involved with Northington, she made verbal and physical threats against Northington. Eventually, Sims physically assaulted Northington outside of work, and later pled guilty to battery.
For disabled employees, the Americans with Disabilities Act (ADA) requires employers to consider the possibility of a reasonable accommodation that would allow disabled employees to maintain their employment. To satisfy the ADA’s reasonable accommodation requirement, an interactive discussion of potential accommodations must occur before an employer makes any employment decision.
The Department of Labor’s recent issuance of new interpretation that clarifies whether an employee is entitled to take Family and Medical Leave Act (FMLA) leave to care for an adult child prompted The Oklahoman to speak with McAfee & Taft labor and employment attorney Kathy Neal for her insights into the issue.
A recent court decision provides a good illustration of the “moonlighting” phenomena and affirms the right of employers to discipline those employees who abuse the provision of leave under the FMLA.
With the incidents of employment-related lawsuits on the rise and due to the uncertainties of facing a jury trial, many employers are considering or have enacted mandatory arbitration programs which essentially require both the employer and the employee to submit any disputes to binding arbitration. The question is whether or not the enactment of a binding arbitration is truly in the best interests of an employer.
The U.S. Department of Health and Human Services recently released its final regulations – also known as the “Final Rule” or “Omnibus Rule” – modifying the privacy, security, breach notification and enforcement rules associated with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Employers have until September 23, 2013, to comply with the new requirements.
You would think that employees who violate federal immigration and income tax laws could not turn around and sue their employer on a wage dispute — right? If you answered “yes” to that question, you would be wrong, as Safe Hurricane Shutters, Inc. recently learned.