House International Relations Committee Considers Resolution on Japan-U.S. Relations
Paul, Hastings, Janofsky & Walker LLP
Late last month, the House International Relations Committee considered and passed with minor modifications Co.
Retaliation: Employers Can Escape the Appearance of Wrongdoing
Susan E. Oliphant of Maslon Edelman Borman & Brand, LLP
Creating and fostering an open work environment can be challenging to employers.
Recent Amendments to the Fair Credit Reporting Act Make It Easier for Employers to Investigate Employee Misconduct
Teresa L. Clark
On December 4, 2000, President Bush signed into law the Fair and Accurate Credit Transactions Act, a law which amends the Fair Credit Reporting Act. Although most of the provisions of the new law address credit and identify theft issues, Section 611 exempts investigations of suspected employee misconduct from FCRA's onerous reporting and disclosure provisions and makes it easier for employers to investigate workplace misconduct. This provision will become effective March 31, 2004.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2), 604(b)(3), 606, and 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the disclosure obligations of employers to consumers (applicants for jobs or current employees) under the Fair Credit Reporting Act.
ERISA Discrimination Claims May Complicate an Age Claim
Benjamin A. Escobar of Beirne, Maynard & Parsons, L.L.P.
Section 510 of ERISA provides an employee with protection against two types of conduct: adverse action because a plan participant has availed himself of an ERISA right or adverse action to interfere with attainment of an ERISA right. Consequently, the section provides protection, regardless of whether the claim is based on existing or prospective rights under a plan.
Changes in Material Adverse Change Provisions
Michael J. Halloran of Pillsbury Winthrop Shaw Pittman LLP
Material adverse change provisions in merger agreements are changing, particularly in high tech industry acquisiti.
Whistleblower Protection Without Blowing The Whistle? The California Supreme Court Says That Employees Can Silently Oppose Discrimination and Still Sue For Retaliation
Nancy E. Pritikin and Philip L. Ross of Littler Mendelson, P.C.
Employees in California need not explicitly say they are opposing discrimination in order to claim retaliation, and can show opposition simply by refusing to comply with an employer's directives.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 605(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the length of time that a consumer reporting agency may report adverse items of information under the Fair Credit Reporting Act.
Michigan Supreme Court Decides Three Important Cases
Dykema Gossett PLLC
In Town v Michigan Bell Telephone Co, the Michigan Supreme Court recently upheld the dismissal of age and sex discr.
Investigating Employee Wrongdoing and Workplace Misconduct: Navigating the Amended Fair Credit and Reporting Act
Kathleen Dent and Sheehan Sullivan Weiss of Davis Wright Tremaine LLP
With the new Fair and Accurate Credit Transactions Act (FACT) signed into law on Dec. 4, 2003, Congress amended the Fair Credit Reporting Act (FCRA) and clarified the FTC's role in regulating workplace investigations. Specifically, the amendments exclude certain workplace investigations from the cumbersome notice and consent requirements contained in the FCRA. The amendments also contain new disclosure requirements when a workplace investigation results in an adverse employment action for an employee.
Fair Credit Reporting Act Amendments
Douglas R. Davis and Elisabeth S. Blattner of Parsons Behle & Latimer
An employer that uses consumer reporting agencies to get information bearing on a job applicant's or employee's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living in order to make employment decisions needs to be aware of its obligations under the Fair Credit Reporting Act ("FCRA").
Light Duty Program Reserved for Employees Injured on the Job Need Not Be Extended To Pregnant Employees
Bodman LLP
The Eleventh Circuit has ruled, consistent with the Fifth Circuit, that reserving a light duty program exclusively .