FCRA Disclosure Revisited

By Bill Wright In these unsettled days of a new administration, it is almost soothing to see the courts focus on statutory language alone. Almost. The Fair Credit Reporting Act (“FCRA”) requires that, before a prospective employer (or its consumer reporting agency (“CRA”)) obtains a background report on an applicant, the applicant must receive a […]

Government Contractors: Time to Ditch Those Confidentiality Agreements

By Brooke Colaizzi and Glenn Schlabs On January 19, 2017, a new Federal Acquisition Regulation (“FAR”) went into effect prohibiting the government from contracting with companies that utilize confidentiality agreements that restrict employees or subcontractors from lawfully reporting waste, fraud, or abuse to a federal agency’s Office of Inspector General. The FAR applies to all […]

Site-Specific Disability?

By Bill Wright Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying summary judgment on the issue of the plaintiff’s disability. In Lozano v. County of Santa Clara, No. 5:14-cv-02992-EJD (N.D. Cal. Jan. 13, […]

SCOTUS To Decide Class Action Waivers

By Bill Wright The Supreme Court has agreed to resolve the simmering dispute between the NLRB and (essentially all) employers over class action waivers. The NLRB has maintained in a number of cases that employers may not enforce arbitration agreements with employees that (1) require employees to arbitrate all disputes and (2) prohibit the employees […]

Time to Prepare H-1B Petitions

By Carol Hildebrand April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017. If you want to seek H-1B “professional” work authorization for foreign recruits during 2017, now is […]

Time To Prepare H-1B Petitions

By Carol Hildebrand April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017. If you want to seek H-1B “professional” work authorization for foreign recruits during 2017, now is the […]

New I-9 Mandatory On 1/22/2017

By Carol Hildebrand Use of the new version of Form I-9, Employment Eligibility Verification (dated 11/14/2016) becomes mandatory beginning Sunday, January 22, 2017. The 3-page Form is now separate from its 15-page instructions.  Both are available at https://www.uscis.gov/i-9. Differences from the prior Form I-9 are not great. Section 1 requests slightly different sworn information from […]

Disparate Impact Threat Can Set Policy

By Bill Wright A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies.  In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by police officers who had been adversely affected by the police department’s drug testing based on […]