Friday, April 25, 2008
Week In Review (April 25, 2008)
Most Popular Federal Law Article
Workers Tell Future President: “Decrease Outsourcing, Increase Living Wage”.
Americans overwhelmingly want their next President to prioritize improving their standard of living, providing universal healthcare, and slowing the outsourcing of jobs overseas rather than making it easier for immigrants to live and work in the U.S., according to the latest “America At Work” national opinion survey by the non-partisan Employment Law Alliance (ELA).
Located On: Vedder Price
Most Popular State Law Article
New Jersey Set to Become the Third State with Paid Family Leave.
After years of legislative effort and opposition from employers, both houses of the New Jersey Legislature have now passed a bill under which employees would be entitled to paid “family temporary disability leave.” Governor Jon Corzine is expected to sign the bill,1 making New Jersey the third state, along with California and Washington, to enact such legislation.
Located On: Buchanan Ingersoll & Rooney PC
Most Popular Headlines
Nine questions to ask your boss
CNN - April 22, 2008
Tuesday, April 22, 2008
25% Higher Civil Fines Against Employers for Immigration Violations
The hot political debate over immigration reform may have cooled some since last year, but employers need to remain vigilant. U.S. Attorney General Michael Mukasey recently announced higher civil fines against employers who violate federal immigration laws.
The announcement in late February was made in a joint briefing with Secretary of Homeland Security Michael Chertoff about newly enacted border security reforms put in place by the Departments of Justice and Homeland Security. Under the new rule, which was approved by Attorney General Mukasey and Secretary Chertoff, civil fines will increase 25%, or by as much as $5,000. According to a DOJ press release, the new rule takes effect on March 27, 2008, and will be published in the Federal Register in the near future.
Under the Immigration and Nationality Act, employers who violate employment eligibility requirements are subject to civil monetary penalties. Employers may be fined under the Act for knowingly employing unauthorized aliens or for other violations, including failure to comply with the requirements relating to employment eligibility verification forms, wrongful discrimination against job applicants or employees on the basis of nationality or citizenship, and immigration-related document fraud.
Of more concern to employers is the fact that Immigration and Customs Enforcement (ICE) has dramatically increased the amounts of criminal fines and forfeiture over previous years of administrative fines alone. ICE reports that during the three quarters of FY 2007 alone, ICE has obtained criminal fines, restitutions, and civil judgments in excess of $30 million.
San Diego Employment Law Attorneys
Friday, April 18, 2008
Week in Review (April 18, 2008)
Most Popular Federal Law Article
Sprint/United Management Co. v. Mendelsohn
In a unanimous decision on February 26, 2008, in the case Sprint/United Management Company v. Mendelsohn, the United States Supreme Court held that a trial court can permit a plaintiff employee to introduce evidence that other employees have also experienced discrimination, provided that the testimony—also known as “me too” evidence—is relevant to the case and its probative value is not substantially outweighed by the danger of its prejudicial effect before the jury. In so ruling, the Supreme Court clarified that “me too” evidence is neither per se admissible nor per se inadmissible but, rather, the trial court must make a determination weighing the evidence’s relevance, probative value, and prejudicial effect.
Located On: Baker Hostetler LLP
Most Popular State Law Article
District of Columbia Council Passes Sick Leave Legislation.
Recently, the District of Columbia City Council passed legislation requiring employers to provide paid sick leave to District of Columbia employees for illness and absences associated with domestic violence or sexual abuse. With the passage of the Accrued Sick and Safe Leave Act, the District becomes the second municipality to require paid sick leave for employees, including public employees employed by the City.
Located On: Baker Hostetler LLP
Most Popular Headlines
Five lies we all tell at work
CNN International - April 17, 2008
Tuesday, April 15, 2008
Compliance Review: Employee Computer Use Policies
Employers often encounter instances of employee misuse of computers and other technology. A common response is to monitor employee computer use. However, issues of employee privacy rights and fairness are in play. When developing a policy, here are some considerations:
Give advance notice to employee about employer’s policy. To avoid invasion of privacy claims, warn employees in advance that the company reserves the right to monitor usage. Consider using an employee handbook disclosure or other signed acknowledgment
Specific terms to consider include:
Business use only, or a more flexible variation allowing some personal use.
No pornographic or other inappropriate websites.
Company not liable for disclosure/misuse of personal information transmitted by employee over company technology.
Employer may access and monitor email and internet use at any time without notice.
Employer will keep copies of internet or email passwords, and that the existence of such passwords is not an assurance of the confidentiality of the communications.
An effective computer use policy will communicate the employer’s expectations, limit privacy rights, and give employees advance warning of the consequences of violations. As with any other employee policy, review with counsel for legal compliance is prudent.
San Diego Employment Law Attorneys
Friday, April 04, 2008
Week In Review (April 4, 2008)
Most Popular Federal Law Article
U. S. Supreme Court Affirms EEOC Medicare Coordination Ruling.
In a closely watched case, the United States Supreme Court has refused the AARP’s request for review of the Third Circuit Court of Appeals’ decision in AARP v. EEOC, thereby affirming the EEOC’s ability to exempt from the age discrimination statutes the coordination of retiree health benefits with Medicare. This ruling clears the way for employers to design retiree health benefit plans that feature coordination of these benefits.
Located On: Littler Mendelson, P.C.
Most Popular State Law Article
Resident Managers Not Entitled to On-Call Time, California Appellate Court Rules.
In a case for alleged unpaid wages, the California Court of Appeal has held that on-call resident managers of an elderly housing complex are entitled to compensation only for time spent actually performing assigned duties and not for all time spent on call. Isner v. Falkenberg/Gilliam Associates, B195860 (Cal. Ct. App. Mar. 18, 2008). Although the plaintiffs were required to remain on the premises while on call, they were otherwise free to use on-call time as they chose. Following their retirement, the plaintiffs filed a class action on behalf of resident managers to recover wages for all time spent on call. The employer moved for summary judgment, which the trial court granted. The appellate court affirmed.
Located On: Jackson Lewis LLP
Most Popular Headlines
Ten Pet Peeves About Workplace E-mails
Small Business Computing - April 01, 2008
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