Pregnancy Guidance Seems to Require Light Duty For All

By: Karen Elliott.

The EEOC’s pregnancy discrimination guidance issued July 14 affects more than just the rights of pregnant women in the workplace. Although nominally titled as an enforcement guidance regarding “pregnancy discrimination,”  the guidance potentially reaches beyond pregnant employees to employees with a disability regardless of cause. The EEOC’s guidance holds that impairments related to pregnancy may qualify for [...]

 

Virginia Significantly Raises Worker Misclassification Fines

By: Phyllis Katz.

Worker misclassification remains a number one target area for both state and federal review.  On July 1, 2014, the  Virginia Workers Compensation Act (the “VWCA”) significantly increased the civil penalties that the state can impose on a Virginia business owner who has failed to insure a worker who should have been insured.    The civil penalty is now up to [...]

 

Are Work Centers Really Unions in Disguise?

By: Annemarie Cleary.

Membership in labor unions is at its lowest point in nearly a century. But, that doesn’t mean that workers are not without their champions.  Worker advocacy groups, also known as work centers, have sprung up across the county to aid workers in low-wage industries, such as restaurants, big box retail and agriculture.  Work centers often [...]

 

The employer conundrum over conducting criminal background screens

By: Mike DeCamps.

The war continues over the use of criminal background checks in the hiring process and employers are caught in the middle. A brief history here may be helpful. In April of 2012 the EEOC published its Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights [...]

 

Employers face new era of ADA compliance issues

By: Karen Elliott.

A recent Fourth Circuit opinion and state laws like New Jersey’s new pregnancy accommodation statute highlight the new era of compliance issues facing employers dealing with worker medical situations. Accommodating issues of temporary disabilities and pregnancy-related impairments, and whether to provide leave or reduced job duties as accommodations lead the list of issues for 2014.  [...]

 

Are E-Cigarettes A Reasonable Accommodation?

By: Karen Elliott.

Much has been written in the last several weeks about the rise in popularity of electronic cigarettes (e-cigarettes).  States are proposing legislation to protect teens as well as prohibit use in public places.  But the answer to whether they are safe or not is not yet known.  With the rise in use, employers are already facing [...]