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The Federal Motor Carrier Safety Administration ("FMCSA") has published another final rule which takes effect today, February 29, 2012. This rule addresses the drug use of commercial motor vehicles drivers, and the FMCSA aims to eliminate inconsistencies in at least three areas. First,...
Sixth Circuit Takes the Middle of the Road Approach and Clarifies that the "Totality-of-the-Circumstances" Test in Hostile Work Environment Cases is Based on What the Employee is Aware of, Not Necessarily What the Employee Actually Experiences
The Sixth Circuit's decision in Berryman v. SuperValu Holdings, Inc., clarifies that the "totality-of-the-circumstances" test used in hostile work environment cases does not have to be based on what the individually employee actually experiences, but rather what the individual employee is...
The IRS Voluntary Compliance Settlement Program (VCSP): Does it Offer Employers Amnesty or Put a Target on Their Backs? The Answer ... Probably a Little Bit of Both
We first introduced you to the Voluntary Compliance Settlement Program (VCSP), a program launched on the on the heels of the IRS announcing its three-year plan to increase audits of independent contractors (Announcement 2011-64), last September. In that post, we discussed the potential advantages...
NLRB General Counsel's Office's Second Social Media Report Still Leaves Questions Regarding Social Media Policies Unanswered
On Wednesday, the NLRB General Counsel's Office issued its second report on social media cases that have been brought to it for advice by regional directors. Our take on the first Report can be found here. As noted in the Board's press release which links to the Report, the Report covers 14...
If you don't know the answer to this question with absolute certainty, you had better go back and check your policy. In Cracker Barrel v. Cincinnati Insurance Company, a Tennessee federal court concluded that the employer's EPLI policy provided neither coverage nor even a defense to a Title VII...