Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because he or she made a discrimination complaint, filed a charge of discrimination, or participated in an employment-discrimination investigation or lawsuit.
A class-action suit recently filed in Massachusetts against an on-demand car service alleges the company misclassified its drivers as independent contractors instead of employees. As a result, according to the complaint, the drivers have to bear the burden of expenses that the company should be paying, including the costs of owning or leasing their vehicles, gas and insurance.
There's a huge gap between retailers' perceptions and reality when it comes to cyberattacks and preventing data breaches, according to a new study from Dimensional Research and Tripwire. When asked how quickly their organizations could detect a data breach of critical systems, 60% thought that the breach would be discovered within 72 hours. Only 20% expressed doubt that their organizations would be able to discover the breaches quickly.
Global antitrust enforcement is on pace to set record-level fines in 2014, as the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) and the European Commission (EC) undertake particularly aggressive enforcement efforts, according to a 2014 mid-year cartel report by law firm Allen & Overy. U.S. authorities have issued $709 million in fines in the first half of the 2014 fiscal year — a number three times higher than penalties levied the first half of fiscal year 2013. European Union (EU) efforts total $1.95 billion worth of fines so far. These numbers are expected to rise as authorities traditionally post their biggest fines at the end of the year.
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a number of lawsuits against companies with inflexible leave policies, claiming the policies are discriminatory under the Americans with Disabilities Act (ADA).
While requiring workers to be fluent in English or to speak English in the workplace isn’t unlawful, per se, an English-only policy may be seen as a pretext for unlawful national-origin discrimination in violation of Title VII of the Civil Rights Act.
Organizations lose approximately five percent of their revenue each year to internal theft and fraud, according to the Association of Certified Fraud Examiners' (ACFE) recent Report to the Nations on Occupational Fraud and Abuse. Globally, this translates to an estimated $3.7 trillion lost, not from employees stealing the occasional notepad, but from three primary classes of occupational fraud — asset misappropriations, corruption and financial-statement fraud — and many times from cases involving more than one of these crimes.
There are a wide range of business opportunities available for supplying, equipping and servicing the U.S. Navy's more than 323,000 active personnel, 290 ships and over 3,700 aircraft around the world. Unfortunately, this also makes it an enticing target for those willing to engage in corrupt behavior and defraud the U.S. government.
While certain job duties may legitimately require that employers screen applicants and employees for medical conditions, organizations risk violating the Americans with Disabilities Act (ADA) and incurring serious legal consequences if they do not follow ADA guidelines and regulations during the hiring process.
Transgender employees present special concerns for employers when developing and applying personnel policies and procedures, from restroom access issues to preventing discrimination and harassment. Employers who do not address such issues run a real risk of violating a number of state laws explicitly protecting lesbian, gay, bisexual and transgender (LGBT) workers from employment discrimination. Courts are increasingly receptive to the Equal Employment Opportunity Commission's (EEOC) position that claims of discrimination based on gender identity are actionable under Title VII's sex discrimination prohibition.