Friday, September 07, 2007
Week In Review (September 7, 2007)
Most Popular Federal Law Article
Coach Wins Stunning Verdict In Title IX Retaliation Case.
A former women’s volleyball coach at Fresno State University was awarded what is believed to be the largest ever jury award in a Title IX retaliation case, receiving over $5.8 million dollars—almost $2 million more than her lawyers had even asked for. This case is a startling reminder to all educational institutions of the importance of compliance with Title IX, and more importantly, highlights some pitfalls that can lead to such a large verdict. Vivas v. Fresno State University.
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
California Alert - CA Supreme Court Issues Three Key Decisions.
California employers should be aware of three decisions in the last week that will impact the way they do business here.
Located On: Ogletree Deakins
Most Popular Headlines
Harassment claims are serious business
North Jersey Media - September 04, 2007
Friday, August 24, 2007
Week In Review (August 24, 2007)
Most Popular Federal Law Article
New Commandments to Live By: After More Than 20 Years, IRS Issues New Proposed Cafeteria Plan Regulations (pdf).
On Monday, August 6, 2007, after an almost 20-year gestation period, the IRS issued long awaited proposed cafeteria plan regulations under Internal Revenue Code (“Code”) Section 125 (the “New Proposed Regs"). The New Proposed Regs withdraw the previously issued proposed cafeteria plan regulations, 1.125-1 and -2 (the “Old Proposed Regs”), replace them with a fresh set of proposed regulations that restate much of the Old Proposed Regs and incorporate both formal and informal guidance issued over the last 23 years. The New Proposed Regs also provide detailed guidance on a host of nagging cafeteria plan administration issues and even include a few surprises relating to enrollment and discrimination testing. The New Proposed Regs are generally effective for plan years beginning on or after January 1, 2009; however, taxpayers may rely on them now.
Located On: Alston & Bird LLP
Most Popular State Law Article
Wage and Hour Laws Redux.
One thing is clear about California wage and hour laws: The rules governing law firms (and all businesses) in California are too numerous to be summarized in just one column. The first installment on this topic ran on July 27, 2007 and is available online at http://www.dailyjournal.com. In that piece, I discussed potential pitfalls, such as mis-classification of employees as independent contractors or “exempt” employees, minimum wage and overtime laws, independent contractor status, exemptions from overtime, payroll practices and deductions from paychecks. If those topics are not complex and confusing enough, there are many others applicable to California employees.
Located On: Shaw Valenza LLP
Most Popular Headlines
Test your workplace boredom
Sun Sentinel - August 20, 2007
Friday, August 17, 2007
Week In Review (August 17, 2007)
Most Popular Federal Law Article
Fourth Circuit Reaffirms Prohibition on Private Releases of FMLA Claims (pdf).
On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
Located On: Nexsen Pruet
Most Popular State Law Article
Colorado Court Clarifies When Covenants Not to Compete and Solicit Customers and Employees May Be Enforced Against Executives, Managers and Their Professional Staff.
Like many states, Colorado will not enforce a covenant not to compete unless it fits within a specific exception to the general rule of unenforceability. Unlike most states, however, Colorado permits agreements not to compete with executives, management level employees, or “professional staff to executive and management level personnel” even if the employer is unable to show that the employee possesses trade secrets. Colo. Rev. Stat. § 8-2-113(2)(d).
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Smelly, Angry Workers?
Human Resource Executive - August 14, 2007
Friday, August 10, 2007
Week In Review (August 10, 2007)
Most Popular Federal Law Article
Avoiding Long Goodbyes: Seven Steps for Conducting Successful Termination Meetings (pdf).
Terminating an employee is never easy (unless you really dislike him), and the very fact that it’s such an uncomfortable situation may lead you to slip up and say something you’ll later regret. Following these seven field-tested steps for conducting termination meetings will help reduce your risk of being sued, increase your chances of winning if you are sued, lower your anxiety level in the process, and avoid long goodbyes.
Located On: Jones Walker
Most Popular State Law Article
Can an At-Will Employee Lawfully be Terminated Before the First Day of Work?
According to a Connecticut appeals court, an employer can terminate an at-will employment relationship at any time—even before an employee’s first day of work. Petitte v. DSL.net, Inc., AC27557 (Conn. Ct. App., July 10, 2007). Though this result may seem harsh to an employee who relies on a job offer to quit his current position and ends up jobless, the court determined that it would be illogical to rule otherwise.
Located On: Jackson Lewis LLP
Most Popular Headlines
Brush Up On Office Etiquette
Forbes - August 08, 2007
Friday, August 03, 2007
Week In Review (August 3, 2007)
Most Popular Federal Law Article
U.S. Supreme Court Wraps Up Term With Three Cases.
The U.S. Supreme Court recently concluded its 2006-2007 term. In the surge of decisions issued in the last few weeks of the term, the justices issued three decisions of interest for employers.
Located On: Ogletree Deakins
Most Popular State Law Article
Employment Lawsuits Against Individuals.
Plaintiffs in employment law cases frequently name individual employees as defendants. Sometimes, they sue co-workers. More frequently, they name supervisors or managers, and even high-level executives up to the CEO.
Located On: Shaw Valenza LLP
Most Popular Headlines
Is there a ‘workplace princess’ at your firm?
Deseret News - July 29, 2007
Thursday, August 02, 2007
What’s Your Job Sign
Check out this fun, interactive “link bait” from Monster.com: What’s Your Job Sign ("link bait” is something that attracts links to your site"). You’ll need a broadband connection.
Friday, July 27, 2007
Week In Review (July 27, 2007)
Most Popular Federal Law Article
Recent Cases Impact Common Workplace Policies (pdf)
Under recent case law, policies about common workplace issues such as confidentiality, complaints, solicitation, and fraternization may violate employee rights protected by the National Labor Relations Act (NLRA) - regardless of whether the employees belong to a union.
Located On: Nexsen Pruet
Most Popular State Law Article
California Mandatory Sexual Harassment Prevention Training Regulations To Go Into Effect.
After nearly three years of drafts, debates, and delays, extensive regulations implementing California’s mandatory sexual harassment prevention training for supervisors, Assembly Bill 1825 (AB 1825), were finally approved. The final regulations become effective on August 17, 2007.
Located On: Jackson Lewis LLP
Most Popular Headlines
Guest column: Mistakes to avoid when rating employees
Green Bay Press Gazette - July 23, 2007
Friday, July 20, 2007
Week In Review (July 20, 2007)
Most Popular Federal Law Article
United States Supreme Court Employment Law Decisions 2006-2007.
The United States Supreme Court decided several significant employment law cases during the 2006 Term. The Court’s opinions address a number of topics, from the statute of limitations in cases alleging discriminatory pay practices, to the exempt status of home care aides under U.S. Department of Labor regulations. There presently are three important cases on the docket for next Term, summarized below. The Court may add more cases to the docket as the new Term approaches in October 2007).
Located On: Shaw Valenza LLP
Most Popular State Law Article
Texas Employees May Be Required to Defend Non-Compete Claims In Other States.
In another favorable opinion for employers seeking to enforce non-compete agreements against former employees, the Texas Supreme Court has held that case law barring Texas courts from invoking another state’s law to interpret a Texas employee’s non-compete agreement does not invalidate a clause saying that any lawsuits involving the agreement will be brought in a specified court of another state.
Located On: Jackson Lewis LLP
Most Popular Headlines
Bias Suit Slaps Law Firm’s In-House Inter-Lewds
New York Post - July 16, 2007
Wednesday, July 18, 2007
World Scene Provides Archetypes of Negotiators
The current cast of negotiators involved in the Middle East conflict provides archetypes that can be instructive when considering the appropriate players to send to a mediation of an employment dispute. For example, should you send someone to the table like President Bush who is known for his resolute, confident, almost theological certainty of positions on issues? Or someone like Former Prime Minister Tony Blair, a subject matter expert and an artful conversationalist, whose appointment as Special Envoy signals the significance of the Western powers’ desire for peace in the region. Then there is Palestinian President Abbas who desires peace but seems to lack authority from his constituents. One might also consider the model of Israeli Foreign Minister Tzipi Livni, a staunch Zionist who sees claims to land rooted in a biblical Jewish heritage, but nevertheless recognizes that to resolve conflict, “What we have to decide about is not history but the future.” The New York Times Magazine (7/8/07 at 70). Thus, when choosing who will represent your side at the bargaining table, examine closely his or her familiarity with the nature of the dispute, the scope and nature of his or her authority, the spokesperson’s ability to see all sides of an issue, and whether he or she can leave behind the past for the sake of a more certain future.
Friday, July 13, 2007
Week In Review (July 13, 2007)
Most Popular Federal Law Article
Health Benefit Cards: New Rules for 2008 and Beyond (pdf).
The IRS recently issued two pieces of much anticipated follow-up guidance to its original electronic payment card ("Card") guidance for health benefit cards. This guidance will substantially impact how health benefit cards are administered in 2008 and beyond to access funds in a flexible spending arrangement (FSA) or health reimbursement arrangement (HRA). [Distributions from health savings accounts (HSAs) are not subject to the substantiation and other requirements discussed herein; so HSA benefit cards need not follow these rules.] Indeed, the IRS guidance shifts the paradigm from TPA-based adjudication to merchant-administered adjudication with the IRS’ approval of a merchant-based inventory information approval system (or “IIAS"). This advisory tracks through the IRS guidance and describes what’s permissible (and what’s not) under the new guidance.
Located On: Alston & Bird LLP
Most Popular State Law Article
South Carolina Workers’ Compensation Reform Signed Into Law (pdf).
On July 25, 2007, Governor Sanford signed a bill that makes a number of changes to South Carolina workers’ compensation system. Most of the changes apply to claims for injuries occuring on or after July 1, 2007.
Located On: Nexsen Pruet
Most Popular Headlines
‘Business casual’ causes confusion
USA Today - July 10, 2007
Friday, July 06, 2007
Week In Review (July 6, 2007)
Most Popular Federal Law Article
Workplace Bullying and the Future of the “Equal Opportunity Harasser”.
Everyone is familiar with the “mean” boss: a chef who yells at the line cooks in the middle of a busy rush, a manager who becomes angry when a deadline is not met, and a boss who criticizes a poor performer in front of other workers. There historically has been a legal distinction between a “hostile working environment” and mere hostility at work. The courts have ruled that anti-discrimination laws are not a “civility code.” Judicial opinions frequently say the law does not guarantee a utopian working environment, free from stress and conflict.
Located On: Shaw Valenza LLP
Most Popular State Law Article
Employer’s Incentive Plan Violates South Carolina Wage Act.
A state appellate court recently ruled that an employer which made incentive plan payouts to employees on dates different than the general target payout dates set forth in the plan violated the South Carolina Payment of Wages Act’s requirement that employers specify the “time and place of payment” of wages. According to the South Carolina Court of Appeals, providing estimated “target dates” of payment, which the employer later admitted served “no purpose whatsoever” and were used only as a general guide, does not give employees sufficient notice.
Located On: Ogletree Deakins
Most Popular Headlines
Woman Says She Was Fired For Seeing Illicit Affair
WJZ - July 03, 2007
Friday, June 29, 2007
Week in Review (June 29, 2007)
Most Popular Federal Law Article
One More Reason To Stay Union-Free.
Ronald Meisburg, the General Counsel of the National Labor Relations Board, recently issued a memorandum announcing additional remedies that Board agents will be seeking against employers (and unions) who violate their duty to bargain in good faith during collective bargaining for a first contract.
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
San Francisco’s paid sick leave law: New rules you should know about.
New rules implementing the San Francisco Paid Sick Leave Ordinance clarify some, but not all, of the issues raised by this unique law.
Located On: Nixon Peabody LLP.
Most Popular Headlines
List of irritants in the workplace is getting longer.
Daily Record - June 25, 2007
Friday, June 22, 2007
Week in Review (June 22, 2007)
Most Popular Federal Law Article
Investigations Not To Be “Micro-Managed”.
The Eleventh Circuit Court of Appeals recently dismissed a sexual harassment lawsuit brought against an employer, stressing that federal courts should avoid second guessing or “micro-managing internal investigations.” According to the Eleventh Circuit, the court’s focus should be on the “reasonableness of the investigation,” rather than vetting the specific nuances of the company’s response.
Located On: Ogletree Deakins
Most Popular State Law Article
N.J. Supreme Court Clarifies Employer’s Obligation to Offer Light Duty as a Reasonable Accommodation.
Yesterday, the New Jersey Supreme Court issued its most definitive decision to date on the issue of reasonable accommodation of disabled employees under the New Jersey Law Against Discrimination (LAD). In Raspa v. Office of the Sheriff of the County of Gloucester, A-53-06 (June 12, 2007), the Court held that: (1) if the employee cannot perform the essential functions of the position he seeks or holds, the employer may lawfully terminate his employment; (2) the employer is not obligated to create a new position for an employee as a reasonable accommodation, nor to maintain an employee on permanent light duty; and (3) even where an employer has allowed an employee to be on light duty for an extended period of time, such action does not create an obligation to maintain the light duty assignment indefinitely.
Located On: Ogletree Deakins
Most Popular Headlines
Women in the workplace see enemy: Other women
Orlando Sentinel - June 17, 2007
Friday, June 15, 2007
Week in Review (June 15, 2007)
Most Popular Federal Law Article
May a Fiduciary Accept Gifts and Gratuities From Service Providers? (pdf).
May a Fiduciary Accept Gifts and Gratuities From Service Providers?
Located On: Vedder Price
Most Popular State Law Article
Two New Minnesota Laws Impose Additional Employer Requirements Regarding Employee Social Security Numbers and Review of Personnel Records.
Minnesota employers must quickly adjust their business and personnel practices to abide by two new statutes. The first, effective July 1, 2007, requires employers to restrict access to and the use of social security numbers. The second, effective January 1, 2008, compels employers to provide written notice to employees of their right to review their personnel record under Minnesota’s Personnel Records Statute.
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Are You Courting A Discrimination Suit?
Forbes - June 11, 2007
Friday, June 01, 2007
Week in Review (June 1, 2007)
Most Popular Federal Law Article
Employee Benefits and Executive Compensation Advisory: Section 409A—Action Steps Required in 2007.
This advisory focuses on action steps that must be taken during 2007 to comply with Section 409A. Accordingly, this advisory presents only a very general overview of the requirements of Section 409A.
Located On: Alston & Bird LLP
Most Popular State Law Article
California Employment Law Protects Employees Unauthorized to Work.
As anyone paying attention to the news is aware, immigration is a politically charged and volatile issue. Employers as a result must sort through a morass of laws and regulations. There are specific laws and procedures applicable to the employment of non-citizens. It is illegal to employ and retain aliens who are unauthorized to work.
Located On: Shaw Valenza LLP
Most Popular Headlines
Justices Limit Discrimination Suits
New York Times (Registration Required) - May 29, 2007
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