In the last week, both in practice and in my daily review of labor and employment law websites and blogs, two issues have come up so frequently, I feel compelled to blog about them myself.
Criminal Background Checks
The use of criminal background checks has been raising concerns for some time. Last month, the EEOC made its position clear: a blanket refusal to hire workers based on criminal records or credit problems can be illegal if it has a disparate impact on racial minorities. At least one commentator has questioned whether this position is creating a new protected class, i.e. felons.
On a related front, Massachusetts recently enacted legislation with a “ban the box” provision, which prohibits employers from requiring applicants to check a box if they have a criminal history. This provision becomes effective on November 4, 2010, and is similar to Hawaii law, the only other state with a “ban the box” law applicable beyond the public employment realm.
There are also additional state laws (e.g. in Hawaii, New York, Pennsylvania and Wisconsin) that broadly protect individuals from employment discrimination based on criminal records, although the details of the individual laws vary. For a comprehensive discussion, go here.
Paycheck Fairness Act
The Paycheck Fairness Act is back and may be close to being passed.
The Act makes five significant changes to current wage and hour law, including changes to available defenses and damages, creation of new non-retaliation provisions, changes from an opt-in to an opt-out class action, and additional reporting obligations.
If it passes, the Paycheck Fairness Act will be the most significant employment legislation to pass since the ADA Amendments Act. I will keep you posted.
Questions or comments? You'll find a link to my email address at the CONTACT line below.
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Discrimination
- EEOC
- Labor Law
- Americans with Disabilities Act
- Department of Labor
- OSHA
- Pregnancy Discrimination
- Coronavirus
- Title VII
- NLRB
- Workplace Violence
- Non-Compete Agreements
- Supreme Court
- Reasonable Accommodation
- Religion Discrimination
- FLSA
- Department of Justice
- Compliance
- NLRA
- National Labor Relations Board
- Diversity
- Wage & Hour
- Privacy
- Performance Improvement Plans
- Department of Homeland Security
- Immigration and Customs Enforcement
- Foreign Nationals
- Immigration and Nationality Act
- Employee Benefits and Executive Compensation
- Federal Trade Commission
- Arbitration
- FMLA
- Overtime Pay
- Employment Litigation
- Workplace Accommodations
- Artificial Intelligence
- Inclusion
- LGBTQ+
- Litigation
- IRS
- Medical Marijuana
- Social Media
- Employer Policies
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- Employer Handbook
- ERISA
- ADAAA
- Medical Cannabis Dispensaries
- Unions
- ACA
- Affordable Car Act
- Employer Rules
- Whistleblower
- United States Supreme Court
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- E-Discovery
- Evidence
- Securities Law
- Family and Medical Leave Act
- Preventive Care Benefits
- Environmental Law
- Health Savings Account
- Privacy Laws
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Telecommuting
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- OSHA’s Updated Inspection Program: What Employers Should Know and Expect
- SCOTUS Lowers Bar for Reverse Discrimination Claims
- Revisiting ADA Compliance: Lessons from a Recent Court Decision
- Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA
- More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity
- PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis
- The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?