UBER BACKGROUND CHECKS MISSED CRIMINAL RECORDS

“The background-check service that ride-hailing company Uber uses to screen potential drivers did not flag the criminal records of 25 drivers who gave thousands of rides to customers in Los Angeles and San Francisco, prosecutors said Wednesday. The findings were made public in an amendment to a consumer protection lawsuit filed last year by the district attorneys…

ANOTHER CIRCUIT COURT RULES PAID SUSPENSION IS NOT ADVERSE EMPLOYMENT ACTION FOR TITLE VII

“Addressing an issue of first impression, the federal Third Circuit Court of Appeals (which covers Delaware, New Jersey and Pennsylvania), recently held that an employee’s suspension with pay is not an adverse employment action for purposes of Title VII. In doing so, the Third Circuit has joined several of its sister Circuits across the country, including the…

TRUCKING FIRM TO PAY UP IN EEOC PRE-EMNPLOYMENT EXAM CASE

“An Indianapolis trucking firm has agreed to pay $200,000 to settle an Equal Employment Opportunity Commission disability discrimination case, in which it was charged with requiring pre-employment medical exams. The EEOC said Tuesday that Indianapolis-based Celadon Trucking Services Inc. violated the Americans with Disabilities Act by subjecting applicants to medical exams before making a conditional…

SEC CLARIFIES WHISTLE BLOWER PROTECTIONS AGAINST EMPLOYER RETALIATIONS

“The Securities and Exchange Commission has issued an interpretive rule clarifying that whistleblowers are protected by retaliation by employers even if they have not reported their concerns to the SEC first. The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 included a section offering incentives and protections to individuals who report possible violations of the…

SCOTUS HOLDS THAT EEOC CONCILIATION EFFORTS ARE SUBJECT TO LIMITED JUDICIAL REVIEW

I. Procedural Background and Party Positions “After investigating a gender discrimination claim against Mach Mining, the EEOC determined that reasonable cause existed to believe that the company had engaged in unlawful hiring practices. The EEOC sent a letter inviting Mach Mining and the claimant to participate in informal conciliation proceedings. About a year later, the…

WHAT EMPLOYERS NEED TO KNOW ABOUT SCOTUS GAY MARRIAGE RULING

“The Supreme Court on Friday ruled that same-sex couples have a constitutional right to marry, meaning that same-sex marriages must be recognized nationwide. The ruling will have vast implications for employers, which until now have been operating under a patchwork of different state and federal laws governing the legal and tax treatment of same-sex unions.…

HOUSE APPROVES TRADE-PROMOTION AUTHORITY FOR OBAMA IN ANTICIPATION OF THE TPP

“The House on Thursday took the first step toward resuscitating the White House’s trade agenda by passing legislation granting President Obama fast-track authority. The bill now goes to the Senate, where the White House and GOP leaders are seeking to strike a deal with pro-trade Democrats. The House vote was 218-208, with 28 Democrats voting for it.…

LA CITY COUNCIL VOTES TO RAISE MINIMUM WAGE TO $15.00 BY 2020

“The City Council has voted in favor, 14-2, to increase Los Angeles’ minimum wage to $15 an hour over the next five years. The council met at 10 a.m. Tuesday to discuss the proposal, which was unanimously approved on May 13 by its Economic Development Committee. It’s the first of two votes needed to finalize the bill. “Today, help…

New Virginia Law Restricts Employer Access to Employees’ Social Media Accounts

“Add the Commonwealth of Virginia to the ever-growing list of states (now 19) that have enacted legislation to restrict an employer’s ability to seek access to current employees’ or job applicants’ social media accounts.  Signed into law by Governor Terry McAuliffe on March 23, 2015, the new legislation, H.B. 2081, will take effect on July…

New York City Bans Employers from Considering Consumer Credit

“On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill barring employers in New York City from discriminating against employees and applicants based on their consumer credit histories. The exceptions to this new law are much more limited than the exceptions found in similar laws in other states. New York…