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In a year filled with controversy, the EEOC outdid itself when it charged two employers with discrimination based on their use of routine criminal background checks.  But now after some well-publicized losses, the EEOC may be forced to back off. Although the EEOC’s 2012 Guidance Bulletin on criminal background checks does not expressly prohibit them,…

Employee wellness plans have been in the spotlight lately.  This is because new wellness plan rules published in the Patient Protection and the Affordable Care Act (informally called Obamacare) are slated to take effect in January 2014.  Under the new rules, employers can offer financial incentives up to 30 percent of their health care coverage…

The Equal Employment Opportunity Commission (EEOC) recently published Guidelines for employers to handle issues involving employees or applicants who are victims of sexual assault, domestic or dating violence, or stalking.  Sadly, given the prevalence of domestic violence in our country, employers everywhere employ someone who has been or is currently subjected to domestic abuse –…

Another whistleblower regulation has hit the books that may snare the unwary employer.  The federal Occupational Safety and Health Administration (OSHA) recently published an interim final rule governing the handling of whistleblower retaliation complaints under the Affordable Care Act, President Obama’s signature health care law (which some call ObamaCare). Many employers are likely unaware that…

For those who thought that the NLRB was done with its intrusion into rational decisions made in non-union workplaces (see recent post here), think again.  A recent decision from the Board found employees’ comments on Facebook were protected speech and consequently ordered that the terminated employees be offered reinstatement and paid lost wages. In Hispanics United of Buffalo, employees…