Compliance and Legal

BoA Suffers a Loss that Likely Benefits All Federal Contractors in the Future

BoA issued a 4th Amendment challenge to an OFCCP request for information for an on-site review under the threat of debarment. The case was heard by US Magistrate Judge Deborah A. Robinson of the District Court of the District of Columbia on 12/13/11. A link to the 37-page ruling follows: Read more...

What do many of the top executives and managers of Toyota, Honda, Nestle, GE, and Hitachi have in common? Most likely they started working in the United States using L-1A visas.

You may know that a U.S. employer (if they are a parent, subsidiary, affiliate, or branch of foreign company) may transfer an executive or manager from one of its foreign offices to one of its offices in the United States through L-1A nonimmigrant classification.

Since May 2006, the Office of Federal Contract Compliance Programs (OFCCP) has been enforcing a landmark ruling that sets explicit regulations on the collection, storage and reporting of Equal Employment Opportunity (EEO) data for internet applicants. It also defines internet applicants, identifies electronic data collection methods, creates basic qualification standards and establishes recordkeeping requirements for compliance.

As they said at Bunker Hill, "Don't fire until you see the whites of their eyes!"

Last week, I wrote about early motions to dismiss employment lawsuits under Rule 12(b)(6) and questioned whether they were always the best strategy for the employer.

Human Resources and in-house counsel, please consider this a legal "consumer report." Remember - we offer a "no legalese" guarantee, or your money back!

My fellow employment lawyers, is that Rule 12(b)(6) motion really necessary?

Regardless of industry, almost all businesses with employees have some form of a dress code policy. When creating a dress code policy for your business, apply your policy equally to all employees. Unfair dress code policies are considered discriminatory and can be grounds for a lawsuit.