Friday, January 04, 2008
Week In Review (January 4, 2008)
Most Popular Federal Law Article
Board Decision Finds Employer’s E-Mail Policy Valid But Discriminatory Enforcement Issues Remain Unclear.
In a decision that warrants careful consideration by employers, a three/two majority of the National Labor Relations Board (NLRB) recently held that an employer did not violate the National Labor Relations Act (NLRA) by maintaining an e-mail policy that prohibited employees from using its e-mail system to send “non-job-related solicitations.” See Guard Publishing Co., 351 NLRB No. 70 (Dec. 16, 2007, released Dec. 21, 2007).
Located On: Ford & Harrison LLP
Most Popular State Law Article
Illinois Delays Enforcement of State Law Prohibiting E-Verify Participation.
Department of Homeland Security ("DHS") Secretary Michael Chertoff has announced that the State of Illinois has agreed not to enforce a statute that “effectively forbids Illinois employers from enrolling in the department’s E-Verify system.” Illinois, therefore, will not enforce the statute, which was to become effective on January 1, 2008, until a lawsuit brought by DHS is resolved.
Located On: Jackson Lewis LLP
Most Popular Headlines
Six tips to managing workplace conflict
CNN - January 02, 2008
Friday, December 28, 2007
Week In Review (December 28, 2007)
Most Popular Federal Law Article
Updated Employee Policies for 2008.
This time of year, everyone has a “to-do” list that is too long. Employers are no exception. In addition to replacing outdated workplace posters and pamphlets, implementing the new I-9 form, and ensuring employees receive notice of their right to claim the Earned Income Tax Credit, employers should tune up their handbooks for the new year.
Located On: Shaw Valenza LLP
Most Popular State Law Article
Tennessee High Court Finds Anti-Harassment Policy May Have Been Unreasonable.
The Tennessee Supreme Court recently ruled against a local state university and its president on an employee’s claims of discrimination, but ruled in their favor on the employee’s retaliation claims. According to the state’s highest court, the employee who accused the president of sexual harassment could have reasonably believed that complaining about the harassment would have been futile because the university’s complaint procedure designates the president as the final decision-maker on all harassment claims.
Located On: Ogletree Deakins
Most Popular Headlines
Top 10 weirdest workplace events
Courier News - December 27, 2007
Friday, December 21, 2007
Week In Review (December 21, 2007)
Most Popular Federal Law Article
IRS Expands Medical Expense Deductions
The IRS recently issued Revenue Ruling 2007-72 expanding Internal Revenue Code Section 213(a) to allow a medical expense deduction for certain diagnostic procedures. Section 213(a) of the Code allows individuals to deduct medical care expenses which are not covered by insurance as long as the expenses exceed 7.5% of the individuals adjusted gross income. Group health plans and health flexible spending account plans often reference Section 213(a) to describe the type of benefits that may be covered by a plan.
Located On: Littler Mendelson, P.C.
Most Popular State Law Article
Important Change to California’s Pay Statement Requirements, Effective January 1, 2008.
As the New Year approaches, California employers should be mindful of an important change that will take effect on January 1, 2008, relating to information that can be listed on employee pay statements. Under California Labor Code section 226, employers must include certain itemized information on each employee’s pay statement. (This information must be provided separately for each pay period when the wages are paid by personal check or cash.)
Located On: Ogletree Deakins
Most Popular Headlines
What not to do in ‘The Office’
MSNBC - December 18, 2007
Friday, December 07, 2007
Week In Review (December 7, 2007)
Most Popular Federal Law Article
Top Ten Ways To Hold A Company Party—Without Getting Sued.
With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties where alcohol will be served. They generally want to know about the risk involved if an employee drinks too much at the party and misbehaves, or worse injures or kills someone on the way home.
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
Breaking The “Culture of Silence”.
Connecticut is the latest state to recognize the importance of facilitating honest and open employment references. In an attempt to open the lines of communication concerning former employees, the Connecticut Supreme Court found that employers’ comments are privileged and that workers cannot sue for defamation if their former employer makes untrue statements while trying to provide a good-faith assessment.
Located On: Fisher & Phillips, LLP
Most Popular Headlines
EEOC Spells Out Good & Bad on Employee Screening
Occupational Health & Safety - December 05, 2007
Friday, November 30, 2007
Week In Review (November 30, 2007)
Most Popular Federal Law Article
Holiday Tips to Avoid Religious Discrimination in the Workplace (pdf).
The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.
Located On: Nexsen Pruet
Most Popular State Law Article
California State and City of San Francisco Minimum Wage Increases.
On November 14, 2007, San Francisco City Mayor Gavin Newsom announced that, on January 1, 2008, the minimum wage for employees within San Francisco will increase from $9.14 per hour to $9.36 per hour. This was done in accordance with the San Francisco Minimum Wage Ordinance, which was passed by the voters in November 2003, and calls for annual rate adjustments based on the previous year’s Consumer Price Index for urban wage earners.
Located On: Ford & Harrison LLP
Most Popular Headlines
5 Rules for Legal Recruiting and Hiring
HR.BLR - November 26, 2007
Friday, November 16, 2007
Week In Review (November 16, 2007)
Most Popular Federal Law Article
The Inside Scoop: What the EEOC Says It Wants To See In Employer Position Statements.
At the recent 23rd Annual North Carolina/South Carolina Labor and Employment Law Program and Annual Meeting held in Charleston, South Carolina, three guest speakers from the U.S. Equal Employment Opportunity Commission (EEOC) shared information about how to work with the Commission. They were Rueben Daniels, Jr., Director of the Charlotte District Office, Thomas Colclough, Director of the Raleigh Area Office, and Kara Haden, Senior Trial Attorney, Charlotte District Office.
Located On: Helms Mulliss & Wicker
Most Popular State Law Article
The Breach of the Duty of Loyalty - What Employers Can Do About It.
A recent report called The Walker Loyalty Report for Loyalty in the Workplace, released in September 2007, noted more than 35% of employees are likely to leave an employer within the first two years of employment. Yet, employers’ investments in training, recruiting, and compensation continue to rise. Turnover is even more damaging when employees take clients, employees and trade secrets with them. Do employers have the legal right to expect their employees’ loyalty? And what can an employer do to protect itself from competitive conduct by employees during employment?
Located On: Shaw Valenza LLP
Most Popular Headlines
Bias against hairstyles reveals a possible racial divide
North Jersey Media - November 13, 2007
Friday, November 09, 2007
Week In Review (November 9, 2007)
Most Popular Federal Law Article
Provisions of an Effective Employee Handbook (Part II) (pdf).
The following is the second of a two-part series.
Located On: Jones Walker
Most Popular State Law Article
Ohio Civil Rights Commission Says Maternity Leave Must Be Twelve Weeks.
The Ohio Civil Rights Commission recently announced dramatic amendments to the state’s pregnancy discrimination regulations. (Ohio Adm. Code 4112-5-05). Until now, employers only had to allow a “reasonable period of time” for pregnancy leave. “Reasonable period of time” has been interpreted in many different ways and the period of leave granted varied from employer to employer. Under the new amendments, a minimum of twelve weeks of unpaid leave must be provided for “pregnancy, childbirth, and related medical conditions.” In addition, at the end of the leave the employee must be reinstated to ““her original position or to a position of like status and pay, without loss of service credits or other benefits.”
Located On: Ogletree Deakins
Most Popular Headlines
10 ways to avoid age-bias landmines during the interview process
TechRepublic - November 06, 2007
Friday, November 02, 2007
Week In Review (November 2, 2007)
Most Popular Federal Law Article
Untimely Notice Causes Employer to Lose Insurance Coverage for Employment Claim.
An employer cannot recover from its insurance company the costs of defense and settlement related to an employment discrimination claim where the employer failed to timely notify the insurance company of the claim, a federal court in Washington, D.C., has ruled. American Ctr. for Int’l Labor Solidarity v. Federal Ins. Co., No. 04-01523 (CKK) (D.D.C. Oct. 15, 2007). Granting the insurance company’s motion for summary judgment and denying the employer’s similar motion, the court ruled that a charge before the U.S. Equal Employment Opportunity Commission constituted a “formal” administrative proceeding requiring notice under the insurance policy.
Located On: Jackson Lewis LLP
Most Popular State Law Article
Ohio Civil Rights Commission Says Maternity Leave Must Be Twelve Weeks.
The Ohio Civil Rights Commission recently announced dramatic amendments to the state’s pregnancy discrimination regulations. (Ohio Adm. Code 4112-5-05). Until now, employers only had to allow a “reasonable period of time” for pregnancy leave. “Reasonable period of time” has been interpreted in many different ways and the period of leave granted varied from employer to employer. Under the new amendments, a minimum of twelve weeks of unpaid leave must be provided for “pregnancy, childbirth, and related medical conditions.” In addition, at the end of the leave the employee must be reinstated to “her original position or to a position of like status and pay, without loss of service credits or other benefits.”
Located On: Ogletree Deakins
Most Popular Headlines
Workbytes: Improving on just 3 workplace skills can help image
DesMoines Register - October 28, 2007
Friday, October 26, 2007
Week In Review (October 26, 2007)
Most Popular Federal Law Article
10 Types of “Caregiver Discrimination” Identified By the EEOC.
On May 23, 2007, the EEOC issued guidance on an increasingly complex area of employment law, indicating that it will begin to focus more intently on what it calls “caregiver discrimination.” Caregivers can include employee parents (or soon to be parents) with small children, employees who care for aging parents as adult children, or employees who care for disabled individuals.
Located On: Helms Mulliss & Wicker
Most Popular State Law Article
Rest Break and Meal Period Claims After Murphy v. Kenneth Cole Productions.
The California Supreme Court decided earlier this year, in Murphy v. Kenneth Cole Productions, that the one-hour premium employees receive for violation of meal break or rest period laws is a wage and not a penalty. Because the statute of limitations for unpaid wages is three years (or four years under an unfair competition theory), and the statute of limitations for penalties is only one year, Murphy means that multi-million class actions against state-wide employers are potentially three times more lucrative for plaintiffs and their lawyers. As a result, the plaintiffs’ bar continues enthusiastically to file class actions alleging violations of the meal and break laws.
Located On: Shaw Valenza LLP
Most Popular Headlines
Boss sets the tone for employees’ morale
Post Gazette - October 23, 2007
Friday, October 19, 2007
Week In Review (October 19, 2007)
Most Popular Federal Law Article
Office Romances and the Risk of Liability.
A recent study revealed that at least seventy percent of employees will date someone at work at least once during their careers. In fact, nearly one-half of all married couples met each other in the workplace. In light of these statistics, employers cannot ignore the various issues that may arise when employees engage in romantic relationships with people they meet at work.
Located On: Shaw Valenza LLP
Most Popular State Law Article
California Adopts Military Spouse Leave Law
Effective immediately, California employers must, under certain circumstances, provide up to ten days of unpaid leave to employees who have spouses in the military.
Located On: Ford & Harrison LLP
Most Popular Headlines
Workplace Privacy Challenges
HR Executive - October 16, 2007
Friday, October 12, 2007
Week In Review (October 12, 2007)
Most Popular Federal Law Article
Paid Holidays Count Toward Twelve-Week FMLA Entitlement.
In a case of first impression, the First Circuit Court of Appeals ruled that work holidays falling on days when an employee is out on intermittent Family and Medical Leave Act leave of one week or more can count toward the employee’s statutory twelve-week FMLA leave entitlement.
Located On: Jackson Lewis LLP
Most Popular State Law Article
Changes in New York Labor Law Impact Employers.
New York employers should be aware of recent amendments to New York’s Labor Law that may require them to revise their employment policies and procedures. One significant amendment, which takes effect October 16, 2007, requires employers to put in writing the terms of employment for commissioned salespeople or risk an adverse presumption in any wage action brought against the employer. See Section 191 of the New York Labor Law. This change in the state labor law is part of an effort to address difficulties the New York Department of Labor has experienced in investigating wage payment claims for commissions in the absence of a written agreement detailing the terms of employment.
Located On: Ford & Harrison LLP
Most Popular Headlines
Biz Coach: 10 HR tips to avoid EEOC headaches
KOMOTV - October 10, 2007
Friday, October 05, 2007
Week In Review (October 5, 2007)
Most Popular Federal Law Article
Hospitality Update: Applebee’s Automated Timekeeping Leads To Lawsuit.
Gerald Fast has worked at two Applebee’s restaurants since 1998. He has held many different jobs: cook, server, host, expediter, and bartender. Sometimes he rotated these duties during short time periods, but from May, 2005, he has worked almost exclusively as a bartender. While serving customers, Fast had the opportunity to earn tips, so Applebee’s used a “tip credit” when calculating his pay to ensure he made at least the minimum wage for each hour he worked.
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
Better Put that in Writing! New York Updates Its Law on Commission Agreements and Other Wage-Related Statutes.
Governor Spitzer recently approved legislation designed to assist the efforts of the New York State Department of Labor (NYSDOL) to enforce various provisions of the state Labor Law. The first change, which goes into effect October 16, 2007, requires employers to memorialize in writing the terms of employment for commissioned salespersons. Other changes expand coverage of certain provisions of the Labor Law, raise the administrative penalties for failing to provide meal periods and one day of rest, and decrease the number of employees whose wages may be deposited directly into their accounts without written consent. These latter changes become effective on January 14, 2008.
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Why Weight-Discrimination Cases Pose Thorny Legal Tests
Wall Street Journal (Subscription) - October 02, 2007
Friday, September 28, 2007
Week In Review (September 28, 2007)
Most Popular Federal Law Article
Benefits Alert - Less Than 100 Days - That’s How Long Your Company Has to Comply with Section 409A in Operation.
With open enrollment only weeks away, your new online system is still being tested. It’s not going well. The latest merger, the largest yet, is closing at year-end, meaning thousands of new and wary employees must assimilate into your benefit programs. Your daughter wants to be who for Halloween? And isn’t it your turn to host your spouse’s family (all of them) for Thanksgiving?
Located On: Ogletree Deakins
Most Popular State Law Article
California Supreme Court Issues Two Big Decisions.
The California Supreme Court ended the summer with a bang by announcing two major decisions which could have far-reaching effects. Here is a brief overview of the implications of each case to California employers.
Located On: Fisher & Phillips, LLP
Most Popular Headlines
Seven deadly workplace sins
CNN.com - September 21, 2007
Friday, September 21, 2007
Week In Review (September 21, 2007)
Most Popular Federal Law Article
New EEO-1 Rules.
Employers with 100 or more employees (and covered government contractors/subcontractors with 50 or more employees) must annually file an EEO-1 Report with the EEOC. However, the EEO-1 form due by September 30, 2007, will differ from the old form in two respects: (1) the “Officials and Managers” category will be split into two separate categories; and (2) the existing five racial classifications have been expanded to seven.
Located On: Littler Mendelson, P.C.
Most Popular State Law Article
Court Rules for Employer in Emotional Distress Case (pdf).
Summary judgment standards for emotional distress claims clarified.
Located On: Nexsen Pruet
Most Popular Headlines
7-Eleven sued for job reference disclosure
Pacific Business News - September 18, 2007
Friday, September 14, 2007
Week In Review (September 14, 2007)
Most Popular Federal Law Article
Ten Steps to Avoid a Discrimination Lawsuit (pdf).
As a management side employment attorney, I am often called upon to provide advice to clients who wish to terminate an employee. Here is a sample of the typical conversation that often occurs late on a Friday afternoon.
Located On: Buchanan Ingersoll & Rooney
Most Popular State Law Article
California Supreme Court Employment Law Decisions 2006-2007.
The California Supreme Court decided several significant employment law cases since our last summary in August 2006. The Court’s opinions address a number of topics, from employment at will to class actions. The Court also has accepted review of several decisions that could be blockbusters in the months to come. We summarize below the recently decided cases and those that remain pending.
Located On: Shaw Valenza LLP
Most Popular Headlines
Gen Y shows why loyalty is waning
Kansas City Star - September 10, 2007
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