The Federal Motor Carrier Safety Administration (“FMCSA”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) hope there now are approximately four million fewer distracted drivers on the road. On November 23, 2011, Transportation Secretary Ray LaHood announced a final rule which specifically prohibits all interstate commercial truck and bus drivers from using hand-held cell

Employers in the healthcare industry may find that they no longer have affirmative action obligations as of 2012 as a result of the National Defense Authorization Act, signed into law on December 31, 2011.

TRICARE is the Department of Defense healthcare program for active duty and retired military personnel and their families. Prior to the

Many federal contractors and subcontractors use a calendar year for their written affirmative action plans (AAP’s). That means their AAP’s are typically being reviewed and revised shortly after January 1. Working with companies over the years to help them develop and revise AAP’s and advising companies during OFCCP audits, we have come to appreciate the challenges for contractors in the process.
Continue Reading For Many, “It’s That Time of Year”: Affirmative Action Plan (AAP) Revision

When the National Labor Relations Board (NLRB) lost its statutory authority to issue rulings because its normally five-person membership fell to two last week, President Obama made three recess appointments sparking a new controversy between Democrats and Republicans.
Continue Reading President Obama’s Move to Sidestep the Senate with His Recess Appointments

Just when I started to think that I might have the answers regarding the NLRB’s obsession with social media, the NLRB starts changing the questions. Not that that is always a bad thing. Just ask Schulte, Roth & Zabel.
Continue Reading NLRB General Counsel’s Advice Memorandum in Schulte Offers a New Twist on the Old Facebook Firing Theme

If you don’t know the answer to this question with absolute certainty, you had better go back and check your policy. In Cracker Barrel v. Cincinnati Insurance Company, a Tennessee federal court concluded that the employer’s EPLI policy provided neither coverage nor even a defense to a Title VII action brought against it by the EEOC.
Continue Reading Does Your EPLI Policy Provide A Defense or Coverage for Cases Brought Against You by the EEOC?

More and more these days it seems like the obligations of being a lawyer, husband, father, son, sports fan, etc, get in the way of blogging. As a result, I end up accumulating a number of worthwhile topics for blog posts that end up in the discard pile. Twitter helps keep the backlog to a minimum, but I really don’t know how many of you actually follow me @briandhallesq (hint, hint). So, while I am by no means committing to make this a regular feature of Employer Law Report, I will now clear – in no particular order — my backlog for the month:

According to a Wall Street Journal article, a recent lawsuit seeks a declaration from the New York Department of Labor that putting a GPS tracker on an employee’s family car to uncover time sheet violations was a violation of the state constitution’s guarantee against unreasonable searches and seizures. According to the lawsuit, the monitoring continued during evenings, weekends and a family vacation. This won’t turn out well for the employer.

An Ohio appellate court has upheld a physician’s non-compete agreement that prohibited him from engaging in a hematology or oncology practice in his former employer’s "primary service area." This decision continues the Ohio trend of upholding physician non-competes and Ohio courts have repeatedly rejected the argument that covenants are not enforceable against physicians solely because they impair patients’ choice.

Continue Reading Clearing the Backlog – September

The Internal Revenue Service (IRS) has developed a new program called the Voluntary Classification Settlement Program (VCSP) that permits taxpayers to voluntarily reclassify workers as employees for federal employment tax purposes.
Continue Reading IRS Offers Amnesty for Independent Contractor Misclassification, But Do Disadvantages Outweigh Advantages?