HHS Delays Part of Small Business Health Insurance Exchange Program

The Department of Health and Human Services (HHS) today postponed a legislated feature of the Small Business Health Options Program (SHOP), a health insurance marketplace for small businesses and their employees included in the Patient Protection and Affordable Care Act (PPACA), labeling it too complicated to implement at this time. The SHOP exchanges are set to […]

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Nevada Bans Most Job-Related Credit Checks

Nevada has just become the tenth state to ban most credit background checks by state employers effective Oct. 1, 2013. Originally, Senate Bill 127 banned every form of credit check by every form of employer, but in a subsequent compromise, financial institutions and casinos were granted exemptions for "job-related" inquiries. Except for these exemptions, the […]

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EEOC Files and Settles First GINA Discrimination Lawsuit

The Equal Employment Opportunity Commission (EEOC) recently settled its first discrimination lawsuit based on the Genetic Information Nondiscrimination Act (GINA), but in truth, it came upon the triggering violation almost by accident. When Rhonda Jones filed a charge with the EEOC based upon a rescinded-job-offer violation of the Americans with Disabilities Act (ADA), the EEOC […]

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Colorado Becomes Ninth State to Restrict Credit Checks in Hiring

A law effective this July 1 will restrict the the rights of employers in Colorado to conduct background credit checks during the hiring or promotion process except for limited exemptions. Employers will not be allowed to run credit checks unless they 1) are a bank or financial institution, 2) are required by law to run […]

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Pre-Populated I-9 Forms No Longer Acceptable, ICE Announces

The Worksite Investigation Enforcement Unit of the Immigration and Customs Enforcement (ICE) agency has come out in the past month against the pre-population of information on Section 1 of the Form I-9, the employment eligibility verification document used for all new hires. ICE maintains, in a break with past policy, that each new hire must […]

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Maryland Amendment Provides for Reasonable Accommodations for Pregnancy Disabilities

Maryland Gov. Martin O'Malley this month signed legislation amending the Maryland Fair Employment Practices Act (FEPA) mandating light-duty and other reasonable accommodations for pregnant employees who are temporarily disabled. The Reasonable Accommodations for Disabilities Due to Pregnancy Act applies to businesses with 15 or more employees. The amendment takes effect Oct. 1, 2013, and requires […]

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On Eve of Obamacare, 54 Percent Still in Opposition

Obamacare, according to a CNN/ORC International Poll conducted May17-18, is just as unpopular today as it was in 2010 when opposition sent Scott Brown into the presumably Democratic stronghold Senate seat in Massachusetts held previously by Ted Kennedy. To put things in perspective, Scott Brown has since been replaced by a Democrat, but 54 percent of […]

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President’s Nominees to NLRB Sent to Senate for Full Vote

President Obama's five recent nominees to the National Labor Relations Board (NLRB) were voted out of committee yesterday, and their names are being sent to the full Senate for a package vote, up or down. The vote will require 60 Senators in favor for cloture should the Republicans decide to filibuster. Most contentious are the […]

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EEOC Seeks Public Input on Quality Control Plan for Investigations and Conciliations

The Equal Employment Opportunity Commission (EEOC) has released draft principles for the Quality Control Plan (QCP) for public feedback, the agency announced recently. The QCP will revise criteria to measure the quality of agency investigations and conciliations throughout the nation. The plan is being drafted by an internal work group chaired by EEOC Commissioner Chai […]

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Wage-and-Hour Lawsuits Spike 10 Percent Over Previous Year

According to the Federal Judicial Center, which tracks lawsuit statistics at the federal level, employees filed 7,764 federal wage-and-hour lawsuits between April 1, 2012, and March 31, 2013, a 10 percent jump over the previous year. In contrast, such lawsuits rose only 1 percent year to year in the 2012 reporting period. Wage-and-hour lawsuits arise […]

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