Given the choice between seemingly never-ending political gridlock or compromise, reasonable minds usually prefer compromise. That premise will soon be tested, compliments of a fairly recent agreement in the Senate to confirm and fully staff the National Labor Relations Board (NLRB). A fully staffed NLRB may seem inconsequential except for […]
Labor & Employment Law Update
Beware of Employee Medical Exams – GINA is Watching!
Since the passage of the Americans With Disabilities Act in 1990, employers have been limited in their ability to inquire into their applicants’ or employees’ medical conditions. However, one exception we have long understood is that after a conditional job offer is made, and before the employee starts work, employers […]
Nebraska Department of Revenue Releases Revenue Ruling, FAQs Addressing State Tax Implications of Same-Sex Marriages
Pursuant to the United States Supreme Court’s decision in United States v. Windsor that overturned the Defense of Marriage Act’s definition of “marriage” as a legal union between one man and one woman for purposes of all federal laws, the Nebraska Department of Revenue has released guidance for individuals and […]
Warning to Employers: Don’t Ask About Citizenship Status During Application Process
In a technical assistance letter (“TAL”) from September 6, 2013, the Office of Special Counsel (“OSC”) reaffirmed its warning against asking job applicants to specify their citizenship status during the application process. The OSC noted that rejected applicants may believe that the employer used such information to discriminate against them […]
Five Things Every HR Person Should Know About the Form I-9
Although it includes nine pages of instructions and a lengthy handbook of over seventy pages, there are five things about the Form I-9 that every HR person should know to avoid severe penalties in the event of an audit by Homeland Security Investigations or ICE. While following the tips below […]

