FOX59.com (05/14/12) Eva Pilgrim

Some Indianapolis city leaders are backing the Freed to Work proposal, which would prohibit hotels and contracting firms from entering into agreements that forbid temporary workers from transitioning into permanent jobs with the hotels. One worker, Martha Hernandez, worked at a Hyatt hotel and the JW Marriott via a staffing firm, Hospitality Staffing Solutions. She did not receive benefits such as holidays or insurance and decided she wanted to get a job directly through a hotel. However, she found she was not allowed to be hired directly. She is now part of a lawsuit against several hotels and the temporary staffing firm.

Associated Press (05/14/12)

An unnamed New York official says an effort to raise the state’s minimum wage is dead. Dean Skelos, Senate majority leader, has said the bill will not hit the Senate floor, and Gov. Andrew Cuomo did not add the issue to a list of those that could be finalized by the time the legislative session ends on June 21. This comes despite a survey showing that 75% of independent voters support the measure and a study released by Democratic Sen. Jeffrey Klein revealing that $600 million in economic activity and 4,800 jobs would be created by the bill.

Associated Press (05/14/12) Emily Wagster Pettus

Mississippi Gov. Phil Bryant has signed S.B. 2576, which makes changes to the workers’ compensation system. The provisions of the new law will allow companies to test for alcohol or drugs after a worker is hurt or killed on the job. Compensation will not be owed to someone found to be under the influence of alcohol or drugs, including the improper use of legal prescription drugs. The provisions will also permit a partial reduction in payments to someone who is injured on the job but had a pre-existing condition such as a bad back.

FMLA Insights (05/10/2012) Jeff Nowak

Employers with policies requiring employees to return from Family and Medical Leave Act leave without restrictions or 100% healed could be discriminating against employees with disabilities who could perform their jobs with or without reasonable accommodation under the Americans With Disabilities Act. Courts have ruled that employers with such policies improperly skip the individualized assessment process required under the ADA. Employers that continue to enforce such policies are at risk, especially given the ADA Amendments Act’s broader regulations and the U.S. Equal Employment Opportunity Commission’s stance that such policies violate the ADA. Experts say employers would be wise instead to require employees returning from leave to obtain a fitness-for-duty certification that indicates they can perform the essential functions of their job with or without reasonable accommodation.

JDSupra (05/11/2012) Robin E. Shea

Employers that learn that employees on medical leave have been working other jobs or engaging in recreational activities cannot simply terminate them for fraudulent medical leave. In some instances, employers might find that the job is not permitted under medical restrictions, but recreational activities or alternate employment are allowed and actually could help speed recovery and prevent depression. However, an investigation might reveal the employee performing the same job for another firm while on leave or undertaking other activities not allowed under medical restrictions, but experts say they must be handled on a case-by-case basis.

Lexology (05/04/12) Kevin D. Kelly; Genetha Turner; Saira Najam

In light of some recent developments, employers may want to re-evaluate their background check practices. On April 25, the U.S. Equal Employment Opportunity Commission released updated guidelines on how to properly consider job applicants’ criminal histories under Title VII of the Civil Rights Act of 1964. The guidelines point out that companies’ reliance on an applicant’s criminal background information may have a disparate impact on the employee because of his or her race or national origin.

In addition to Title VII considerations, companies may want to review their Fair Credit Reporting Act compliance. The FCRA requires that companies inform individuals of their intent to obtain a background report on a form that consists “solely” of that notice and not included as part of boilerplate language at the end of a job application.