Many employers still recall opening a letter from the Social Security Administration (SSA) informing them that the name or Social Security number (SSN) reported on a recent wage report does not match a name or SSN in the SSA’s records.
There is no federal or state law, rule, or regulation that mandates job descriptions. However, well-written job descriptions that clearly set out the “essential functions” of each job can help avoid or at least help successfully defend some legal claims, as well as contribute to the operational success of the company.
While the issue of whether employees are properly classified as exempt is always an issue that could potentially arise, exempt status is more likely to be called into question if and when the Department of Labor (DOL) goes forward with a proposed increase in the salary amount required to qualify as exempt. It has been reported that such a proposed rule could be issued in early 2019.
Today, however, it is the intense attention that has been focused on sexual assault and sexual misconduct in the workplace that has brought anything related to sex, including lewd or sexually explicit comments, to the forefront of employer’s legal concerns.
ICE agents have arrested an average of over 4,000 illegal immigrants per month compared to the slightly more than 1,700 per month during the Obama administration. The practice of conducting workplace raids, largely unused during the last administration, has returned with vigor as seen in the Southern Provision case and several others.
Often, when profanity is used in the workplace, managers, and supervisors are reluctant to address it for fear that they will be seen as prudish or part of the speech police. However, employers need to carefully consider their response to profane or obscene language when used by employees.
If President Donald Trump and Congress deliver on the promise of faster growth for the economy, it may well be reflected in a tightening labor market. That means that finding and hiring those star employees every company seeks will become even more difficult.
In a recent report on Equal Employment Opportunity Commission (EEOC) legal actions, it was noted that the agency had filed suit alleging American with Disabilities Act discrimination by an employer for the failure to hire an individual who informed his new employer that he was using Suboxone, an opioid.
One of the more significant election promises made by then-candidate Trump was his promise to reduce the regulatory burden on American businesses. With his “two regulations withdrawn for every one proposed” approach, he has been largely successful in making his promise a reality.