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HTMLEbola Preparedness
Matthew R. Korn, A. Kevin Troutman; Fisher & Phillips LLP;
Legal Alert/Article
November 28, 2014, previously published on November 3, 2014
How should an employer respond when it learns that an employee is planning a trip to West Africa to visit family? What if other employees refuse to come to work because they fear that the returning employee may have been exposed to Ebola Virus Disease? Recognizing that the healthcare setting...

 

HTMLState of the Unions: New Tactics Target Unorganized Workers
Matthew R. Korn; Fisher & Phillips LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
If you've been following the news, you probably realize that it has been a busy year for organized labor. The percentage of unionized workers in the private sector has fallen to historic lows, leaving unions with fewer dues-paying members, and motivating them to adopt new tactics to stem the...

 

HTMLStrike Two - The EEOC's Failed Attempts To Limit Background Checks
Matthew R. Korn; Fisher & Phillips LLP;
Legal Alert/Article
October 4, 2013, previously published on October 1, 2013
On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the EEOC’s expert analysis was statistically flawed, unreliable, and...

 

HTMLPreventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company
Matthew R. Korn; Fisher & Phillips LLP;
Legal Alert/Article
January 28, 2013, previously published on January 2, 2013
The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years - a heightened focus on, and tremendous increase in, the number of discrimination complaints filed by MSHA.

 

HTMLPreventing Discrimination Complaints Under The Mine Act: Six Steps To Protect Your Company
Matthew R. Korn; Fisher & Phillips LLP;
Legal Alert/Article
January 4, 2013, previously published on January 2, 2013
The Mine Safety and Health Administration (MSHA) recently announced what many mine operators and independent contractors have experienced for the past several years - a heightened focus on, and tremendous increase in, the number of discrimination complaints filed by MSHA.

 

HTMLPreventing Off-Duty Employee Access
Matthew R. Korn, Reyburn W. Lominack; Fisher & Phillips LLP;
Legal Alert/Article
November 2, 2012, previously published on November 2012
Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers in the hospitality, healthcare, and manufacturing industries, where there is a premium on ensuring guest, patient, and employee health and safety. Recently, the National Labor Relations...

 

HTMLGetting Off OSHA's "Black List"
Matthew R. Korn; Fisher & Phillips LLP;
Legal Alert/Article
October 2, 2012, previously published on October 2012
After two years of uncertainty, employers have finally been given some guidance on how to be removed from OSHA's Severe Violator Enforcement Program (SVEP). On August 16, 2012, the Directorate of Enforcement Programs (DEP) issued a memorandum detailing the removal criteria for the SVEP, clarifying...

 

HTMLBy The Way, Are You A Criminal?
Matthew Korn; Fisher & Phillips LLP;
Legal Alert/Article
June 7, 2012, previously published on June 2012
You've probably heard the news by now ¿ the EEOC seems to want all employers to discontinue, or at least significantly curtail, their use of criminal-background checks. The EEOC's Guidance outlines the agency's position on criminal-background-check policies, but leaves many important...

 

HTMLIf You Give a Mouse a Cookie: Disparate-Impact Claims Under The ADEA And The RFOA Defense
Matthew Korn; Fisher & Phillips LLP;
Legal Alert/Article
May 1, 2012, previously published on May 2012
On April 30, 2012, an EEOC Final Rule took effect regarding disparate-impact claims under the Age Discrimination in Employment Act (ADEA), and the defense of "reasonable factors other than age" (RFOA). Ostensibly proposed to address issues related to the Supreme Court's decisions in Smith...

 

HTMLOSHA's Twin Sister Is In Your Backyard
Matthew Korn; Fisher & Phillips LLP;
Legal Alert/Article
March 6, 2012, previously published on March 2012
You would be hard-pressed to find someone who has not heard of OSHA. OSHA's presence is felt by employers across broad segments of American industry, from construction to food service. What many people don't realize, however, is the pervasiveness of OSHA's (older) sister agency, the Mine Safety and...