Earlier this year, following a highly-publicized case in Maryland we discussed in this post in which the Maryland Department of Corrections refused to hire an applicant after reviewing his private Facebook page, which it accessed by requiring that the applicant provide the employer with access, Maryland passed a law — currently the only law in… Continue Reading
Category Archives: Legislation
Subscribe to Legislation RSS FeedEmployers Requesting Facebook Access May Face Federal Consequences
Posted in Legislation, Privacy, UncategorizedAdd the United States Senate to the growing list of legislative bodies considering new laws that would ban employers from requiring job applicants to turn over their Facebook usernames and passwords as part of the background investigation process. As the number of stories of applicants rejected or employees being “Facebook-fired” has grown, savvy social media… Continue Reading
GT Alert — Massachusetts Personal Information Data Security Regulations: Are You in Compliance With the March 1 Deadline?
Posted in LegislationMarch 1, 2012 marks a critical compliance date for businesses covered by the Massachusetts data security regulations, which includes virtually all Massachusetts employers. Regulations implementing Massachusetts law defining standards to be met by businesses with access to “personal information” of any Massachusetts resident went into effect in 2010. The regulations contain a two-year grace period… Continue Reading
US Department of Labor Extends Deadline for Filing of VETS-100/100A Reports
Posted in LegislationEmployers that are required to file VETS-100/100A reports with the US Department of Labor have been given an extra 15 days to file reports for 2011. (Reports originally were due September 30, 2011, but the deadline previously was extended to December 30, 2011 due to technological issues on the Department of Labor’s report-filing website). Under… Continue Reading
California Enacts Two Trans Rights Bills
Posted in Discrimination, Legislation, State LawLast week, California Governor Jerry Brown signed into law the Gender Non-Discrimination Act (AB 887), which changes the language of the state anti-discrimination law to specifically include gender, gender identity and gender expression as enumerated protected categories. The governor also signed into law the Vital Statistics Modernization Act (AB 433), which streamlines the process by which transgender individuals may correct the gender marker on their birth certificates.
House Bill Would Mandate Minimum Wage for Disabled Workers
Posted in Disability, Legislation, Wage & HourA bill has been introduced in the House of Representatives that would end the issuance of special certificates that allow employers to pay employees with disabilities below minimum wage.
UK Employment Law Update – Changes announced by Chancellor to come into force in 2012/13
Posted in LegislationThis post has been co-authored by Russell Lamb and Sarah Phillips. Chancellor George Osborne took the opportunity at the Conservative Party’s Annual Conference to announce significant reforms to the Employment Tribunal system which are due to come into force in April 2012 and 2013. The changes will: increase the qualifying period for an employees wishing… Continue Reading
Proposed cybersecurity legislation would protect employers from information theft by departing employees, if a policy prohibits such conduct
Posted in Legislation, Trade SecretsCongress appears receptive to passing toughened cybersecurity legislation this session. (Politico) One early proposal would help employers protect themselves from departing employees who access their work computer system and download confidential, proprietary information for future use at a new competing employer. The federal Computer Fraud and Abuse Act (“CFAA”) creates a cause of action against… Continue Reading
Arizona Must Continue Offering Benefits to Same-Sex Partners of State Employees
Posted in Benefits, Constitution, Discrimination, Legislation, State LawLast Tuesday, the Ninth Circuit upheld an injunction that blocked an Arizona law that would have eliminated health care benefits for same-sex partners of state employees. Before 2008, health insurance benefits for dependents of Arizona state employees were available only to the spouses and children of those employees. In April of 2008, then-Governor Janet Napolitano implemented… Continue Reading
FDIC approves final executive pay clawback rule
Posted in LegislationThe Federal Deposit Insurance Corporation (“FDIC”) has approved a final rule authorizing it to clawback any compensation senior executives and directors received within two years of the FDIC being appointed receiver, if the FDIC finds they were “substantially responsible” for the failed condition of a covered financial company. Of particular concern, the rule (implementing section… Continue Reading
UK Employment Law Update: Government Consultation on “Modern Workplaces”
Posted in LegislationThe UK Government has announced that it is going to consult on the “modern workplace” with a view to making legislative changes in 2015. The consultation is proposing changes in three key areas: flexible parental leave, flexible working and equal pay. The main propositions under each of those headings are: Flexible parental leave: an entitlement… Continue Reading
NLRB A ‘Twitter Over Employers’ Social Media Policies
Posted in Labor, LegislationThe National Labor Relations Board’s (NLRB) recent scrutiny of social media policies for compliance with the National Labor Relations Act (NLRA) has alarmed many employers – including non-union employers. Two recent developments in this area add fuel to an already heated debate over employer actions based on employees’ use of social media.
Which Employers Will Be Responsible For Health Coverage In 2014?
Posted in Benefits, LegislationThe new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health coverage to their full-time employees. Failure to do so may subject these employers to a shared responsibility payment, or an “assessable payment,” pursuant to Internal… Continue Reading
Philadelphia “Bans the Box” on Employment Applications
Posted in LegislationPhiladelphia recently became the latest jurisdiction to join what appears to be a nationwide movement to “ban the box” — that is, the box on employment applications that asks job seekers to disclose criminal history. The new ordinance becomes effective on July 13, 2011. Prior to this date, employers subject to the law should revise… Continue Reading
UK Employment Law Update: Changes to the way termination payments are calculated
Posted in LegislationFrom 6 April 2011, the new Income Tax (Pay as You Earn) Regulations 2011 come into force. These regulations will have an effect on the calculation of payments made to ex-employees after the issue of a P45. The Current Position Currently, should a company make a payment to an ex-employee after the issue of a P45, it will apply the basic… Continue Reading
UK Employment Law Update: Amendments to the Law on Retirement
Posted in LegislationIt is currently possible in the UK to retire an employee lawfully at the age of 65 and above without incurring liability for age discrimination, provided certain procedures are followed. The UK Government has, however, committed to remove this right and has previously given details of the transitional provisions which will apply whilst the new… Continue Reading
Supreme Court Finds that Employee Who Did Not Engage in Protected Activity Under Title VII is Still Protected by Title VII’s Anti-Retaliation Prohibition
Posted in LegislationToday, the U.S. Supreme Court ruled that an employer may be held liable for retaliating against an employee who did not engage in any protected activity, but who has a close relationship with another employee who did engage in protected activity.
Georgia Approves Employer-Friendly Amendment Affecting Non-Competition, Non-Solicitation and Non-Disclosure of Confidential Information Covenants
Posted in Legislation, Restrictive Covenants, State LawOn November 2, Georgia voters approved an amendment to the state constitution that will have a substantial impact on the drafting, negotiation, and enforcement of non-competition, non-solicitation and non-disclosure covenants in Georgia.
What the California Election Means to Employers and What They Can Do
Posted in Legislation, State LawThe California election results are unlikely to signal that “Happy Days Are Here Again” for California employers. Companies with California employees should start reviewing their compliance processes and risk management measures.
UK Legal Update: Bribery Act 2010
Posted in Labor, LegislationThe Bribery Act 2010 is due to take effect in the UK in April 2011. The Act provides that commercial organisations may be criminally liable for failing to prevent bribery (whether offered or received) by persons providing services to the business, including employees, agents and subsidiaries. It is not just UK companies, however, as overseas… Continue Reading
Parting Gifts from the Governator – California’s Significant New Employment Laws
Posted in LegislationAs previously reported here, the California legislature ended its regular session by sending a mixed bag of bills to the Governor for consideration. Most were vetoed but those that were signed into law present some new challenges and opportunities on topics ranging from organ donor leave to meal period relief for some employers to a… Continue Reading
New York Requires Construction Industry To Consider the ABCs of Worker Misclassification
Posted in Legislation, State LawIn previous articles and blog entries, we have written on the growing peril for businesses that misclassify employees as independent contractors, as federal and state governments adopt new laws and increase penalties for worker misclassification and ratchet up enforcement through audits and proceedings. For those who do (or should) track government activity in the area… Continue Reading
The 2010 California Legislative Session Limps to an End; An Update on Employment-Related Bills Awaiting a Decision by the Governor
Posted in LegislationNormal 0 false false false MicrosoftInternetExplorer4 By James M. Nelson of GT Sacramento. Thanks and welcome to James! Normal 0 false false false MicrosoftInternetExplorer4 The legislative session came to a close at midnight on September 1, 2010. California still does not have a budget and that suggests that there will be more activity (and perhaps… Continue Reading
New Massachusetts Laws Affect Employment Applications and Personnel Files
Posted in LegislationFrom Terence P. McCourt of GT Boston. Thanks and welcome to Terry! Two new bills recently signed into law by Massachusetts Governor Deval Patrick contain important provisions affecting personnel practices for employers doing business in Massachusetts. The new laws regulate criminal record inquiries on job applications, and create new notification requirements related to employee personnel… Continue Reading
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