What You Should Know About the EEOC’s New Proposed Rule on GINA and Wellness Programs

By Nicholas Casolaro on November 25, 2015

Employer-sponsored wellness programs are a popular tool to incentivize healthy living and maintain an active, engaged workforce. But such programs can present legal risks to employers and must be specifically tailored to avoid running afoul of certain employment laws. One such law is the Genetic Information Nondiscrimination Act of 2008 (GINA), a federal law enforced by the U.S. Equal Employment Opportunity Commission. Among other restrictions, GINA prohibits employers from requesting, purchasing, or requiring disclosure of…

Employment Law Business Guide

The Dangerous Intersection of Social Media and the ADA

By Nicholas Casolaro on June 23, 2015

People often think of the Americans with Disabilities Act as a law that protects individuals with physical and mental disabilities from discrimination or other unfair treatment. What is seldom mentioned is that the ADA also protects the confidentiality of employee medical information, and requires that employers keep all such information confidential. There are some exceptions that allow limited disclosure of protected medical information by employers, including when the employee voluntarily discloses his or her own…

Employment Law Business Guide

NH Distracted Driving Law & Employer Electronic Device Policies

By Nicholas Casolaro on August 28, 2014

On July 25, 2014, Governor Hassan signed a bill into law that strictly limits the use of electronic devices, such as smart phones, while driving. The bill – HB 1360 – while intended as a public safety measure, will also affect how employers shape their cell phone or electronic device policies. This new law prohibits New Hampshire drivers from using “any hand-held mobile electronic device capable of providing voice or data communication” while driving or while…

Employment Law Business Guide

“Ban the Box” Laws Gaining Traction Nationwide

By Nicholas Casolaro on August 26, 2014

A growing number of states and cities are passing some form of so-called “ban the box” laws, which restrict an employer’s ability to ask candidates for employment about their criminal history during the initial stages of the application process. These laws are not necessarily directed at employers’ use of criminal background checks as part of the employment screening process, but do reflect the negative nationwide perception of such screening techniques. In 2010, Massachusetts became the…

Employment Law Business Guide

Businesses Take Note — New Hampshire Has New Pay Equity Laws

By Nicholas Casolaro on August 22, 2014

Governor Maggie Hassan recently signed two bills into law that may have significant impacts on New Hampshire businesses. The first, HB 1188 , which takes effect on January 1, 2015, prohibits employers from discharging, disciplining, or otherwise discriminating against an employee because he or she disclosed the amount of his or her wages, salaries, or paid benefits. House Bill 1188 was proposed as a companion law to SB 207, known as the “Paycheck Fairness Act,”…

Employment Law Business Guide

Supreme Court Holds “But For” Causation Standard Applies to Title VII Retaliation Claims

By Nicholas Casolaro on June 27, 2013

On the heels of narrowing the definition of “supervisor” for purposes of liability under Title VII of the Civil Rights Act of 1964, a divided U.S. Supreme Court dealt a second major blow to employees this week by making it harder for them to prove retaliation claims under that same statute. University of Texas Southwestern Medical Center v. Nassar dealt with the issue of defining the proper standard of causation for claims of retaliation under…

Nicholas Casolaro

What You Should Know About the EEOC’s New Proposed Rule on GINA and Wellness Programs

The Dangerous Intersection of Social Media and the ADA

NH Distracted Driving Law & Employer Electronic Device Policies

“Ban the Box” Laws Gaining Traction Nationwide

Businesses Take Note — New Hampshire Has New Pay Equity Laws

Supreme Court Holds “But For” Causation Standard Applies to Title VII Retaliation Claims

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