Labor & Employment Law Update

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 […]

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 […]

Iowa: A recent Iowa Supreme Court decision, Dorshkind v. Oak Park Place of Dubuque II, L.L.C., addressed the public policy exception to at-will employment. The court upheld a jury verdict for the plaintiff in a wrongful termination claim where the employee’s discharge was the result of an internal complaint she […]

For years, we have been tracking the Department of Labor’s Office of Federal Contract Compliance Programs’ (“OFCCP”) efforts to expand its jurisdiction to health care employers. Generally, the OFCCP enforces regulations that require employers with at least 50 employees, who hold a single contract or subcontract of at least $50,000 […]

A federal court in Tennessee recently rejected a motion to dismiss filed by a defendant supervisor in an ERISA retaliation case. ERISA prohibits employers from retaliating against or interfering with employees’ efforts to use health benefits. The supervisor argued that ERISA did not allow for individual liability. The court disagreed, […]