October 2014 L&E Update from Baker Donelson

Submitted by Firm:
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Firm Contacts:
Jennifer L. Anderson, Kathlyn Perez, Phyllis G. Cancienne, Robert C. Divine
Article Type:
Legal Update

This month's newsletter introduces you to a Final Rule that actually simplifies reporting requirements, and another that raises the minimum wage for a specific category of workers. Then we strongly suggest you download copies of all your E-Verify data before you lose access to the government's files. Finally, we take a look at discrimination issues regarding both pregnancy and what may constitute "adverse employment action."

Gasp! VETS-4212 Final Rule Offers More Rules With Less Burden for Government Contractors, by David Harvey

The Final Rule recently issued by the Veteran's Employment and Training Service agency revising the reporting requirements under VEVRAA actually simplifies and eases the burden somewhat on one aspect of federal contractor compliance obligations.  More...

Old E-Verify Data: Download it or Lose It, by Wendy Padilla-Madden

The USCIS will soon delete E-Verify records that date back more than ten years, in both active and inactive accounts. This means employers who are challenged about questionable hires won't have access to those records to use in their own defense unless they take advantage of the short window the USCIS is giving for them to download the records to their own storage files. More...

Wait A Minute? Is Pregnancy a Disability Now?, by Katherine Bogard

Normal physical limitations as well as complications that may occur during a woman's pregnancy may result in employers' needing to make accommodations in order to allow the woman to continue working, but they aren't always willing to do so. On July 14, 2014, the EEOC issued guidance relating to pregnancy discrimination, resulting in multiple lawsuits filed on behalf of plaintiffs asserting violations of the PDA and various other federal anti-discrimination laws. More...

Final Rule Issued for $10.10 Minimum Wage for Federal Contractors, by Jennifer G. Hall

On October 1, the Final Rule on Executive Order 13658 was issued, raising the minimum wage for federal construction and service contractors to $10.10 for all employees, beginning January 1, 2015. Does your business fall into one of the affected categories?  More...

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit, by Levy Leatherman

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" to proceed on a claim of discrimination. In Thompson v. City of Waco, Texas, a judge on a Fifth Circuit Court of Appeals panel reviewing the case questioned the lower court's application of these requirements and ultimately reversed the decision, which may result in a broader interpretation of the criteria in other courts.  More...

Immigration Corner, by Melanie C. Walker

This month: Time to Play the Lottery, New myE-Verify Website provides Protective Tools and an Education for Employees, Free Webinar on Form I-9, and new Blue Secure Ink. More...

L&E Compass Blog
Think Ebola won't affect your business? If you're in the health care industry, best to be prepared. This month's L&E Compass blog gives you insights on how you can do that, plus we offer caveats on setting up an employee wellness program and an overview of Tennessee law regarding non-compete agreements. Check it out here.