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IAML Insights

May 12, 2015

On November 4, 2014, Massachusetts voters approved a ballot question that requires all private-sector employers to provide employees with up to 40 hours of sick leave per calendar year.1 That new law, which goes into effect on July 1, 2015, left many questions unanswered.  For example, the law did not specifically address whether multi-state...

May 12, 2015

Under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Equal Employment Opportunity Commission (“EEOC”) is obligated to investigate charges of discrimination and retaliation in the workplace filed by a “person claiming to be aggrieved.”  If the EEOC finds “reasonable cause” to believe that the allegations have merit, it must...

May 11, 2015

The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that LinkedIn’s search technology does not make that site a “consumer reporting agency” for purposes of FCRA. As a result, a federal...

May 08, 2015

Recently in Chesapeake Energy Corp., 362 NLRB No. 80 (Apr. 30, 2015), the NLRB held fast to its ruling in D.R. Horton, Inc., 357 NLRB No. 184 (2012). The employer required its employees to sign an arbitration agreement as a condition of employment. The agreement required “binding arbitration to resolve all disputes” between employees and the...

May 08, 2015

Is “digital native” the latest code term for “young”? A hot topic for the past few days, after an article on the subject appeared in Fortune, has been whether it’s discriminatory for an employer to specify in recruiting that it’s seeking to hire “digital natives.” A “digital native” is someone who was born into the digital world,...

May 08, 2015

On April 29, 2015, the SEC followed through on Section 953(a) of the Dodd-Frank Act by releasing its proposed “pay versus performance” disclosure rule. In short, the SEC’s 137-page proposal requires that U.S. public companies use a new table in their proxy statements that will disclose information on executive compensation and include a...