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Employment Law E-Buzz Easy-to-digest updates on emerging employer legal issues

Monthly Archives: February 2012

Did You Know…Extended Recordkeeping Requirements Take Effect April 3rd

Posted in GINA, Recordkeeping

The Equal Employment Opportunity Commission’s (EEOC) final rule extending the recordkeeping requirements imposed under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers covered by Title II of the Genetic Information Nondiscrimination Act (GINA) will take effect on April 3, 2012.  The rule requires the same record retention requirements mandated… Continue Reading

Did You Know…Employers Should Limit Health-Related Inquiries to Employee’s Ability to Perform the Job

Posted in Disability Discrimination

In EEOC v. Dillard’s Inc. [PDF], a federal district court in California ruled that a retail chain’s attendance policy, which required employees to provide a doctor’s note identifying the nature of a health-related absence for such absences to be excused, violated the Americans with Disabilities Act (ADA). The ADA provision at issue prohibits covered employers… Continue Reading

Did You Know…Choice of Law Provisions Have Limited Value in Employment Cases

Posted in Choice of Law

In a recent case, Ruiz v. Affinity Logistics [PDF], the Ninth Circuit refused to enforce a choice of law provision that designated Georgia law, rather than California law, to govern an agreement entered into and performed in California.   The agreements include two important provisions.  First, the agreements specify that the drivers perform services for… Continue Reading

Did You Know…NLRB Released Reports on Cases Involving Social Media

Posted in Social Media

The National Labor Relations Board (“NLRB”) Office of the General Counsel has recently released two reports (Report of the Acting General Counsel Concerning Social Media Cases and Operations Management Memo) summarizing several cases that were before the NLRB concerning the “protected and/or concerted nature of employees’ social media postings and the lawfulness of employers’ social media policies… Continue Reading