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Employment Law Blog

Category: Week in Review

Friday, April 25, 2008

Week In Review (April 25, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=13284”>Workers Tell Future President: “Decrease Outsourcing, Increase Living Wage”.</A>
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

<a >New Jersey Set to Become the Third State with Paid Family Leave.</A>
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

<a TARGET=“_blank”]Nine questions to ask your boss[/url]
CNN - April 22, 2008

Posted by Patrick Della Valle on 04/25 at 09:52 AM
Week in Review
Friday, April 18, 2008

Week in Review (April 18, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=13244”>Sprint/United Management Co. v. Mendelsohn</A>
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

<a >District of Columbia Council Passes Sick Leave Legislation.</A>
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

<a TARGET=“_blank”]Five lies we all tell at work[/url]
CNN International - April 17, 2008

Posted by Patrick Della Valle on 04/18 at 10:45 AM
Week in Review
Friday, April 04, 2008

Week In Review (April 4, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=13049”>U. S. Supreme Court Affirms EEOC Medicare Coordination Ruling.</A>
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

<a >Resident Managers Not Entitled to On-Call Time, California Appellate Court Rules.</A>
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

<a TARGET=“_blank”]Ten Pet Peeves About Workplace E-mails[/url]
Small Business Computing - April 01, 2008

Posted by Patrick Della Valle on 04/04 at 11:07 AM
Week in Review
Friday, March 28, 2008

Week In Review (March 28, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12959”>Employer Immigration Alert - H-1B Visas.</A>
Employers—please note that all petitions for new H-1B visas should be fi led with the U.S. Citizenship and Immigration Service (“USCIS”) on APRIL 1, 2008 to ensure that they have a chance of being adjudicated. As you know, the U.S. government limits the number of new H-1B visas for professionals to 65,000 each year, with limited exceptions. Last year, 124,000 H-1B petitions were received between April 1 and April 3, forcing USCIS to develop a lottery selection process to determine which petitions would be adjudicated.
Located On: Vedder Price

Most Popular State Law Article

<a >Georgia Court of Appeals Reiterates Narrow Scope of Non-Solicitation Clauses.</A>
In a recent opinion, the Georgia Court of Appeals reversed a trial court’s decision to uphold the validity of non-solicitation and non-compete clauses in an employment agreement. The appellate court’s reversal of the trial court decision was premised on a strict reading of Georgia case law that delineates the permissible scope of non-solicitation clauses.
Located On: Ford & Harrison LLP

Most Popular Headlines

<a TARGET=“_blank”]Here’s why young folks leave jobs[/url]
Post and Courier - March 24, 2008

Posted by Patrick Della Valle on 03/28 at 10:16 AM
Week in Review
Friday, March 21, 2008

Week In Review (March 21, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12910”>Lawyers as Employers- Part 1.</A>
Lawyers are focused on the demands of practicing law and running their practices. Often, they do not have time to dedicate to managing their employees. And, in fact, some lawyers may not see themselves as employers. However, the success of any business, including law firms, is tied directly to its employees. Competent and professional employees are critical to a firm’s ability to produce quality work and keep good clients.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >Indiana Joins the List of States Providing Legal Protections to Nursing Mothers At the Workplace.</A>
Returning to work is often cited as one of the main reasons that nursing mothers discontinue breastfeeding. Now, a growing number of states - in recognition of the health benefits of breastfeeding for the nursing mother and child - have passed specific laws giving nursing mothers the right to breastfeed and/or express breast milk in the workplace. In the past year alone, the following jurisdictions became breastfeeding-friendly for working mothers: the District of Columbia, Montana (public employers only), New Mexico, New York, and Oregon. Wyoming and Arkansas passed general laws in 2007 stating that a mother has a right to breastfeed an infant child in any public places where the mother may legally be or where others are present, which does not expressly specify, but could be interpreted to include, places of employment.
Located On: Littler Mendelson, P.C.

Most Popular Headlines

<a TARGET=“_blank”]10+ things you should do when you resign[/url]

Posted by Patrick Della Valle on 03/21 at 12:33 PM
Week in Review
Friday, February 29, 2008

Week In Review (February 29, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12697”>Supreme Court Holds that FAA Overrides Conflicting State Law Jurisdictional Provision.</A>
Citing the national policy favoring arbitration established in the Federal Arbitration Act (FAA) and Southland Corp. v. Keating, the U.S. Supreme Court has ruled that the contractual agreement to arbitrate disputes preempts contrary state law frameworks. Writing for the Court in Preston v. Ferrer, decided on February 20, 2008, Justice Ginsberg held that the FAA overrides state laws that would lodge primary jurisdiction in another forum beside arbitration, regardless of whether that forum is judicial or administrative.
Located On: Ford & Harrison LLP

Most Popular State Law Article

<a >Employers May Fire Employees for Marijuana Use Despite California’s Compassionate Use Act.</A>
A recent ruling by the California Supreme Court in Ross v. RagingWire Telecommunications, Inc. makes clear that California’s Compassionate Use Act of 1996, a passed voter initiative which provides a person using marijuana for medicinal purposes with a defense to certain state criminal charges, does not prohibit an employer from firing an employee for marijuana use.
Located On: Cooley Godward Kronish LLP.

Most Popular Headlines

<a TARGET=“_blank”]Dealing with workplace conflict[/url]
CNet News Blog - February 25, 2008

Posted by Patrick Della Valle on 02/29 at 10:16 AM
Week in Review
Friday, February 22, 2008

Week In Review (February 22, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12622”>Expansion of FMLA Leave for Families of Service Members.</A>
President Bush has signed the first amendment of the FMLA since Congress passed the original law in 1993. As initially drafted, the FMLA requires employers of more than 50 employees to approve unpaid leave for employees. The terms of FMLA leave include up to 12 weeks of time off for eligible employees to care for themselves or a family member’s serious health condition.
Located On: Shaw Valenza LLP

Most Popular State Law Article

<a >California Court of Appeal Expands the Administrative Exemption Under the New Wage Orders.</A>
In a victory for California employers, a California Court of Appeal recently rejected the traditional administrative/production dichotomy test for an administrative exempt employee for certain business models. In Combs v. Skyriver Communications, Inc. (2/7/08), the Court of Appeal affirmed the trial court’s decision dismissing the employee’s claims for overtime, unpaid meal period penalties and unpaid rest period penalties because the employee was properly classified as an administrative exempt employee. Importantly, the Court of Appeal relied heavily upon the recent changes to the Industrial Welfare Commission’s Wage Order No. 4-2001 in determining that the employee was an administrative exempt employee and, therefore, not entitled to overtime, meal periods or rest periods.
Located On: Ford & Harrison LLP

Most Popular Headlines

<a TARGET=“_blank”]The big discrimination case before the Supreme Court.[/url]
Slate - February 18, 2008

Posted by Patrick Della Valle on 02/22 at 10:01 AM
Week in Review
Friday, February 15, 2008

Week In Review (February 15, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12562”>Appeals Court Says Company Policy Restricting Overtime Does Not Trump Compensation Obligations.</A>
A federal appeals court in New York has ruled that the Fair Labor Standards Act (“FLSA”) requires employers to pay one-and-a-half times the regular rate of pay as compensation to employees who perform overtime work even though the work was not authorized and was in violation of company policy. The case, Chao v. Gotham Registry, Inc., No. 06-2432-cv (2d Cir. Jan. 24, 2008), dates back to 1992 when the Secretary of Labor sued Gotham Registry, Inc. (“Gotham”), a staffing agency, for not paying overtime wages to the nurses it employed.
Located On: Jackson Lewis LLP

Most Popular State Law Article

<a >California Employers Not Required To Accommodate Medical Marijuana Users.</A>
The California Supreme Court recently rejected a lawsuit brought by an employee who was terminated shortly after his employer learned that he had tested positive for marijuana. According to the court, employers have the right to conduct preemployment drug tests and to fire, or refuse to hire, individuals who test positive for illegal drugs – even if they are used for medicinal purposes. Ross v. RagingWire Telecommunications, Inc., No. S138130, California Supreme Court (January 24, 2008).
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]Handling tricky questions in a job interview[/url]
Baltimore Sun - February 11, 2008

Posted by Patrick Della Valle on 02/15 at 10:01 AM
Week in Review
Friday, January 25, 2008

Week In Review (January 25, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12348”>Immigration Update.</A>
This update discusses recent developments in immigration law from the U.S. Departments of Homeland Security and State.
Located On: Hogan & Hartson LLP

Most Popular State Law Article

<a >California Wage & Hour: Understanding The “Tool Rate”.</A>
California employers are increasingly being challenged on whether they properly compensate and reimburse employees for usage of the employee’s money or property in the course and scope of the employee’s employment. Courts continuously acknowledge the California Legislature’s intent that employers should not pass the cost of doing business onto employees such that the employees bear losses or incur expenses in conjunction with their employment.
Located On: Fisher & Phillips, LLP

Most Popular Headlines

<a TARGET=“_blank”]Dangerous workplace phrases[/url]
Boston Now - January 22, 2008

Posted by Patrick Della Valle on 01/25 at 10:32 AM
Week in Review
Friday, January 18, 2008

Week In Review (January 18, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12265”>WARN Act Implications of Transactions Affecting Multiple Facilities or Mobile Workers.</A>
Corporate transactions involving multiple locations and/or employees who regularly travel or regularly work outside of a fixed office can present complicated issues under the Worker Adjustment and Retraining Notification Act (WARN Act). A recent decision by the Court of Appeals for the Fourth Circuit, Meson v. GATX Technology Services Corp., No. 06-1942 (November 16, 2007), highlights this problem.
Located On: Buchanan Ingersoll & Rooney

Most Popular State Law Article

<a >Employer’s Lawsuit Against Employee Filing Discrimination Claim Not Retaliatory Per Se Under Ohio Law.</A>
Employers’ lawsuits against employees who have engaged in protected activity are not necessarily unlawfully retaliatory, the Supreme Court of Ohio held in Greer-Burger v. Temesi, Slip Op. No. 2007-Ohio-6442 (2007).
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]How to Create a Culture of Respect in Your Workplace[/url]
The Street - January 11, 2008

Posted by Patrick Della Valle on 01/18 at 10:30 AM
Week in Review
Friday, January 11, 2008

Week In Review (January 11, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12215”>Calculating Overtime Pay Under the FLSA (pdf).</A>
Here are the core rules for determining whether non-exempt employees have in fact worked overtime and, if so, how much overtime pay they are due.
Located On: Fredrikson & Byron, P.A.

Most Popular State Law Article

<a >Federal Court Enjoins Employer Funding Provisions of San Francisco Health Care Security Ordinance.</A>
In a widely anticipated ruling, a United States District Court Judge sitting in San Francisco granted summary judgment on December 26, 2007, in favor of a local restaurant association that had challenged the employer funding provisions of the San Francisco Health Care Security Ordinance. While recognizing that providing health care coverage to the citizens of San Francisco is a laudable goal, the court nonetheless found the employer funding provisions of the Ordinance to be preempted by ERISA (Employee Retirement Income Security Act) since the Ordinance’s provisions have an impermissible connection with employee benefit plans and make unlawful reference to employee benefit plans.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]New generation doesn’t play by old rules[/url]
Arizona Republic - January 06, 2008

Posted by Patrick Della Valle on 01/11 at 08:24 AM
Week in Review
Friday, January 04, 2008

Week In Review (January 4, 2008)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12176”>Board Decision Finds Employer’s E-Mail Policy Valid But Discriminatory Enforcement Issues Remain Unclear.</A>
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

<a >Illinois Delays Enforcement of State Law Prohibiting E-Verify Participation.</A>
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

<a TARGET=“_blank”]Six tips to managing workplace conflict[/url]
CNN - January 02, 2008

Posted by Patrick Della Valle on 01/04 at 10:07 AM
Week in Review
Friday, December 28, 2007

Week In Review (December 28, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12142”>Updated Employee Policies for 2008.</A>
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

<a >Tennessee High Court Finds Anti-Harassment Policy May Have Been Unreasonable.</A>
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

<a TARGET=“_blank”]Top 10 weirdest workplace events[/url]
Courier News - December 27, 2007

Posted by Patrick Della Valle on 12/28 at 08:29 AM
Week in Review
Friday, December 07, 2007

Week In Review (December 7, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=11946”>Top Ten Ways To Hold A Company Party—Without Getting Sued.</A>
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

<a >Breaking The “Culture of Silence”.</A>
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

<a TARGET=“_blank”]EEOC Spells Out Good & Bad on Employee Screening[/url]
Occupational Health & Safety - December 05, 2007

Posted by Patrick Della Valle on 12/07 at 10:17 AM
Week in Review
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

Posted by Patrick Della Valle on 11/30 at 10:11 AM
Week in Review
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