Compliance

May 30, 2013

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Compliance

EEOC: working smarter

The Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the Department of Justice (DOJ) have been working together; sharing and coordinating information. This collective enforcement can result in an employer having multiple claims from various agencies due to a single issue. This combination has other synergistic results; including the ability to initiate class-action lawsuits. The EEOC’s mission is to “stop and remedy unlawful employment discrimination,” to achieve the EEOC’s vision of “justice and equality in the workplace.” EEOC developed a strategic enforcement plan (SEP) to effectively carry out its mission. The SEP establishes the Commission’s priorities for […]

April 25, 2013

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Compliance

How To Avoid Retaliation Claims

Employers must be aware of the wide and deep exposure to retaliation claims. Retaliation hit the top of the charts for claims of discrimination. In 2011, it comprised over 37% of all Equal Employment Opportunity Commission (EEOC) claims, compared with race at 35% and gender (28%). The number of retaliation claims have doubled since 2000. There were 37,334 retaliation claims filed with the EEOC in 2011. Legislative and case law have broadened the scope of retaliation and those protected against retaliation. EEOC’s 2013 agenda includes a focus on retaliation. Case law has lowered the burden for establishing retaliation. There has […]

March 26, 2013

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Compliance

New and Improved Federal Forms

The Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) updated forms on March 8, 2013. DOL issued updated Family Medical Leave Act’s (FMLA) regulations, certification forms and a new poster. USCIS revised their I-9 form which establishes an individual’s right to work in the United States. FMLA has been around for twenty years. Its most recent amendment was in October 2009 when the National Defense Authorization Act (NDAA) expanded the military leaves which were less than two years old. Two types of military leaves were added in January, 2009; qualifying exigency and military caregiver leave. Initially, […]

January 4, 2013

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Compliance

Indiana’s Legislative Year in Review

Four new employment laws went into effect in Indiana in 2012; Right-to-Work, Smoking Ban, Criminal History Restrictions and redefining the Blacklisting Statute. A well-publicized two-year struggle ended when Governor Daniels signed the Right-To- Work Law (RTW) in February. The law became effective for union contracts created, renewed or altered on or after March 14, 2012. As a result, employees are free to join or not join a union. Employees cannot be required to pay union dues or assessments of any kind, in any amount to a labor organization, a charity or any third party as a condition of employment. RTW […]