Friday, December 29, 2006
Week In Review (December 29, 2006)
Most Popular Federal Law Article
Calculating Eligibility for FMLA Leave: When Does 7 Equal 12?
More employees may be eligible for leave under the Family and Medical Leave Act (FMLA) than many employers may contemplate, according to a federal appellate court decision in Boston. The Court in Rucker v. Lee Holding Co., d/b/a Lee Auto Malls, No. 06-1633 (1st Cir. Dec. 18, 2006), is requiring employers to include prior periods of employment--in this case, up to five years in the past--in determining whether employees qualify for statutory leave.
Located On: Jackson Lewis LLP
Most Popular State Law Article
Attorneys Hired By Employers in New Jersey To Investigate Complaints Of Workplace Harassment May Be Sued By Complainant.
In a case of great significance to attorneys hired by employers to investigate claims of workplace harassment, the United States District Court for the District of New Jersey has held in Spagnola v. Town of Morristown (Civ. Action No. 05-577, Dec. 7, 2006), that a plaintiff may sue the investigating attorney for negligent misrepresentation even where there is no attorney-client relationship between the complainant and the attorney. This ruling is consistent with state Supreme Court precedent which holds that the absence of an express assent to enter into an attorney-client relationship will not by itself preclude a finding that such a relationship existed. The ruling warrants careful conduct of investigations by counsel and mandates that they take certain precautions before, during and after such activities.
Located On: Littler Mendelson, P.C.
Most Popular Headlines
Gossip about medical conditions can mean legal trouble for employers
Asbury Park Press - December 26, 2006
Friday, December 22, 2006
Week In Review (December 22, 2006)
Most Popular Federal Law Article
EEOC Vice Chair Tells U.S. Employers to Conduct Employment Law Audits to Prepare for EEOC’s Aggressive New Approach to Fighting Systemic Discrimination (pdf).
This update discusses the Equal Employment Opportunity Commission’s (EEOC) aggressive new approach to combatting (often unintentional) “systemic discrimination” by U.S. employers. During a recent speech to Hogan & Hartson clients at the Employment Group’s 2006 Labor & Employment Seminar, EEOC’s Vice Chair identified essential action items to help all U.S. employers avoid or minimize liability for systemic discrimination. The update describes these action items and explains how the firm can help our clients implement them.
Located On: Hogan & Hartson LLP
Most Popular State Law Article
Data Breach Class Action Filed for Negligence Related to Stolen Laptop.
The emergence of a number of state laws aimed at protecting sensitive personal information and curbing the explosion of identity theft is beginning to have a foreseeable effect on workplace litigation. Such statutes are leading to negligence lawsuits filed by employees against their employers for failing to take appropriate measures to protect the computer databases, company laptops, and other repositories of confidential and personal information. These negligence claims have the potential to create significant exposure for employers, especially those that have not taken tangible steps to safeguard sensitive information.
Located On: Jackson Lewis LLP
Most Popular Headlines
How big will your raise be in 2007?
CNN Money - December 20, 2006
Friday, December 15, 2006
Week In Review (December 15, 2006)
Most Popular Federal Law Article
Managing the Holidays: Make a List and Check It Twice (pdf).
Now is the time for employers to make their holiday lists and check them twice. While it is the season to be jolly, it is also a time of year when employers face additional employment law concerns that arise from events unique to the holidays, including the company party and requests for time off. But with some advance planning, employers can start the new year on the right note.
Located On: Nexsen Pruet
Most Popular State Law Article
Pennsylvania Minimum Wages Have Increased.
On July 9, 2006, Governor Rendell signed legislation that substantially raised the minimum wage in Pennsylvania beyond the federal levels. These new rates go into effect January 1, 2007.
Located On: Buchanan Ingersoll
Most Popular Headlines
Q&A: How to cope with jerks at work
Computer World - December 13, 2006
Friday, December 08, 2006
Week In Review (December 8, 2006)
Most Popular Federal Law Article
Can An Employer Exclude Certain Classes of Employees From Health Plan Coverage? (pdf).
As employer health plan costs continue to increase, many employers are considering not only whether to cutback on health benefits coverage, but also whether to exclude certain employees from the company’s plan altogether. In addition to cost, group health benefits are not a significant factor in recruiting or retaining employees in some industries, where increases in wages are the predominant concern.
Located On: Ford & Harrison LLP
Most Popular State Law Article
Destruction of Evidence Proves Costly for Employee (pdf).
Court dismisses wrongful termination suit and imposes monetary sanctions.
Located On: Ogletree Deakins
Most Popular Headlines
What Not to Do at Work
ABC News - December 04, 2006
Friday, December 01, 2006
Week In Review (December 1, 2006)
Most Popular Federal Law Article
UNITE HERE Hits Home Runs.
In a deft display of negotiating this past summer, UNITE HERE scored major victories in New York, Chicago and Honolulu. Clearly targeting Hilton Hotels Corp., UNITE HERE reached a five-year agreement called “partnership for growth” which allows neutrality and card check agreements “where appropriate.”
Located On: Fisher & Phillips, LLP
Most Popular State Law Article
Florida Employers Must Display Minimum Wage Poster Effective January 1, 2007.
Effective January 1, 2007, Florida’s minimum wage will increase to $6.67 per hour and employers who are required to pay the Florida minimum wage must prominently display a poster containing the Florida minimum wage. Florida’s minimum wage poster can be downloaded in English and Spanish from the Agency for Workforce Innovation’s webpage at: http://www.floridajobs.org/resources/fl_min_wage.html. Click here for a copy of the poster.
Located On: Ford & Harrison LLP
Most Popular Headlines
Don’t sit up straight!
Chicago Tribune (Registration Required) - November 28, 2006
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