President Issues Executive Order Increasing Minimum Wage for Contractors
In last month’s E-Update, we reported that President Obama intended to sign an Executive Order raising the minimum wage for government contractors and subcontractors to $10.10 per hour. The Executive Order has now been signed, and provides further detail on the increase. To read more »
NLRB Re-issues Proposed Quickie Election Rules
We reported in last month’s E-Update that the National Labor Relations Board rescinded the “quickie election” rules that it had issued in December 2011. These rules, which the Board stated are intended to reduce litigation and delays in the representation election process, had been overturned by a federal court because the Board lacked a quorum at the time it issued the rules. This month, however, a full Board, by a 3-2 vote, reissued the proposed rules. To read more »
PPACA Mandate Delayed for Mid-Size Employers
Under the “pay or play” rules of the Patient Protection and Affordable Care Act, employers that fail to offer health care coverage, that offer coverage failing to meet minimum value requirements, and/or that offer coverage unaffordable to employees are subject to certain penalties. These penalties were initially scheduled to take effect in January 2014, were subsequently delayed until 2015, and now have been delayed again for mid-sized employers. To read more »
OFCCP – New Disability Resources for Government Contractors.
On February 21, 2014, the Office of Federal Contract Compliance Programs posted on its website new disability information and resources to assist government contractors and subcontractors in meeting their enhanced affirmative action obligations under the significantly revised Section 503 regulations. To read more »
Proposed Baltimore City Criminal Records Ordinance.
The Baltimore City Council is considering an ordinance that would prevent employers from asking about an applicant’s criminal history until a conditional job offer is made, and thus is much more radical than typical “ban-the box” legislation enacted in a few states. To read more »
ADA – Regular Attendance Can Be Essential Function.
In Mecca v. Florida Health Services Center, Inc., the federal court held that regular attendance at work is an essential function of a specialty nurse’s job. The nurse in question had panic attacks, for which he sought intermittent leave as an accommodation under the Americans with Disabilities Act. In order to be protected under the ADA, an employee must be able to perform the essential functions of his job with or without reasonable accommodation. To read more »
Retaliation – "Immense Improvement" Undercuts Termination for Performance.
In Taylor v. Rite Aid Corp., the U.S. District Court for the District of Maryland refused to dismiss a retaliation claim where the management-level employee received a performance evaluation recognizing “immense improvement” in her performance shortly before her termination for performance reasons. To read more »
TOP TIP: Provide Consistent and Logical Explanations for Employment Decisions
Employers sometimes do not provide accurate or complete explanations for employment decisions. There are various reasons for this. Sometimes the employer wishes to spare an employee’s feelings by avoiding negative comments about performance or abilities. Sometimes there are multiple reasons for the decision, and the employer wants to keep it simple by just offering one reason. Perhaps there is confusion among different decision-makers. However, the lack of consistent, reasonable explanations for employment decisions may be considered evidence of discrimination, as seen in the Rite-Aid case discussed above, and further demonstrated in Pierce v. President and Fellows of Harvard College. To read more »