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Employment Law Blog

Category: Week in Review

Friday, June 22, 2007

Week in Review (June 22, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10452”>Investigations Not To Be “Micro-Managed”.</A>
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

<a >N.J. Supreme Court Clarifies Employer’s Obligation to Offer Light Duty as a Reasonable Accommodation.</A>
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

<a TARGET=“_blank”]Women in the workplace see enemy: Other women[/url]
Orlando Sentinel - June 17, 2007

Posted by Patrick Della Valle on 06/22 at 07:35 AM
Week in Review
Friday, May 25, 2007

Week in Review (May 25, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10213”>EEOC Issues New Guidance on Work/Family Balance in the Workplace.</A>
In a new Enforcement Guidance issued by the EEOC, employers are made aware of the various ways in which Title VII or the ADA may be violated by actions (and reactions) toward employees and applicants seeking to balance work and family obligations. In addition, the EEOC advocates flexible workplace policies and practices, designed to make it easier for employees to strike this balance.
Located On: Buchanan Ingersoll & Rooney

Most Popular State Law Article

<a >California Supreme Court to Hear Three Employment-Related Cases.</A>
California’s highest court is expected to hear, in the next few weeks, oral argument in three cases with far-ranging implications for employers. Here is a brief overview of the cases and what the outcomes could mean to employers.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]EEOC to look at discrimination based on family responsibilities[/url]
Pittsburgh Post-Gazette - May 22, 2007

Posted by Patrick Della Valle on 05/25 at 10:57 AM
Week in Review
Friday, May 18, 2007

Week in Review (May 18, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10093”>New Regs Require Action By Year-End (pdf).</A>
On April 17, 2007, the Treasury Department released final regulations interpreting the nonqualified deferred compensation requirements of Section 409A of the Internal Revenue Code. Nonqualified deferred compensation that fails to satisfy the requirements of Section 409A is subject to punitive tax treatment and penalties.
Located On: Fisher & Phillips, LLP

Most Popular State Law Article

<a >Washington Enacts Paid Family Leave Law.</A>
Making Washington the second state to mandate paid family leave, Governor Christine Gregoire has signed a bill directing an as yet undesignated state agency to establish and administer the family leave insurance program slated to begin on October 1, 2009. Under the new law, approved on May 8, 2007, employees in the state are entitled to up to five weeks’ paid family leave “because of the birth of a child of the employee and in order to care for the child,” or “because of the placement of a child with the employee for adoption.” The law also provides certain employees with re-employment after taking leave.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]How to deal with a toxic ‘Frankenboss’[/url]
Daily Herald - May 14, 2007

Posted by Patrick Della Valle on 05/18 at 08:00 AM
Week in Review
Friday, April 13, 2007

Week In Review (April 13, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9733”>Employers Must Use New EEO-1 Form for 2007.</A>
September may seem like a long way off, but employers must be ready to file the new EEO-1 form.
Located On: Ford & Harrison LLP

Most Popular State Law Article

<a >Defamation in the securities industry: Important decision for financial institutions.</A>
Disclosures made on the Form U-5 are protected by absolute immunity and not a qualified privilege.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]Employer cannot question claimants about the accuracy of their SSNs[/url]
CCH - April 06, 2007

Posted by Patrick Della Valle on 04/13 at 07:53 AM
Week in Review
Friday, March 30, 2007

Week In Review (March 30, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9617”>Beware: Your Employee Handbook May Be Hazardous Under the NLRA.</A>
Non-Union employees are also protected by the NLRA and employers must ensure that, even in non-union workplaces, their employee handbook isn’t violating the National Labor Relations Act.
Located On: Nixon Peabody LLP.

Most Popular State Law Article

<a >“Exempt” Status Under California Law: Avoid the Pitfalls.</A>
It’s been difficult for California employers to determine who is and who isn’t exempt from overtime and minimum wage requirements; this article helps you sort it all out.
Located On: Shaw Valenza LLP

Most Popular Headlines

<a TARGET=“_blank”]Secretary shouldbe paid for her OT[/url]
The Post and Courier - March 26, 2007

Posted by Patrick Della Valle on 03/30 at 08:17 AM
Week in Review
Friday, March 16, 2007

Week In Review (March 16, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9513”>Latest Developments in I-9 Compliance: What Every Employer Needs to Know.</A>
What Obligations Do Employers Have Relating to Verifying the Employment Eligibility of All Employees?
Located On: Buchanan Ingersoll & Rooney

Most Popular State Law Article

<a >The Risks of Hiring Someone Bound by a Noncompetition Agreement.</A>
You are about to hire a new employee when you learn that she signed a noncompetition agreement with her current employer. “No problem,” you think, “courts never enforce those things. Besides, even if a court does enforce the noncompetition agreement, it will not affect me as the new employer because I did not sign the agreement.”
Located On: Fredrikson & Byron, P.A.

Most Popular Headlines

<a TARGET=“_blank”]Former ‘American Idol’ employee sues for sexual harassment[/url]
Orlando Sentinel - March 13, 2007

Posted by Patrick Della Valle on 03/16 at 07:19 AM
Week in Review
Friday, March 02, 2007

Week In Review (March 2, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9388”>A Checklist For Preventing Human Resources Problems.</A>
Management concerned with employment law liability should be focused on prevention: preventing lawsuits, preventing employee morale problems, and preventing the day-to-day hassles personnel issues can create. The road to success in this area is not paved with good intentions, however. Employers must understand basic human resources principles to avoid the employment law pitfalls that await.
Located On: Shaw Valenza LLP

Most Popular State Law Article

<a >U.S. Data Protection Laws, With a Focus on California.</A>
In the U.S., no comprehensive national law yet exists, which generally requires notification of security breaches involving personal information. California passed the first data breach notification statute in 20032 and over 30 states have since enacted similar laws. The California law, commonly referred to as “SB 1386”, requires owners, licensors, or custodians of personal information to notify data subjects whose information was (or is reasonably believed to have been) acquired in an unauthorized fashion. California laws also include proactive obligations related to data destruction and maintaining reasonable security measures.
Located On: Cooley Godward Kronish LLP.

Most Popular Headlines

<a TARGET=“_blank”]Job separation agreements don’t eliminate right to sue[/url]
Charleston Post & Courier - February 27, 2007

Posted by Patrick Della Valle on 03/02 at 09:21 AM
Week in Review
Friday, February 23, 2007

Week In Review (February 23, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9329”>The Employee Free Choice Act: It’s More than Just a Misleading Name.</A>
The Employee Free Choice Act (EFCA), introduced into the U.S. House of Representatives on February 5, 2007, would amend the National Labor Relations Act (NLRA) to change dramatically the world of both union organizing and bargaining over first time labor agreements. The proposed law, which also will soon be introduced into the U.S. Senate, would constitute the most significant change to the NLRA in its over 70-year history.
Located On: Littler Mendelson, P.C.

Most Popular State Law Article

<a >Competition from Former Employees: Ohio Appellate Court Clarifies Application of the “Inevitable Disclosure” Doctrine.</A>
A recent court decision in Ohio provides an important new interpretation of the rights, and limitations, that employers may face when key employees leave and begin to compete. The decision also highlights several critical steps that employers should take if and when an employee leaves to compete, and when company trade secrets, other confidential information, and customers are at risk. In particular, employers must move quickly to protect against threats to their trade secrets and customer relationships, and they must take steps to carefully identify – and maintain the confidentiality of – their trade secrets and other sensitive business information.
Located On: Littler Mendelson, P.C.

Most Popular Headlines

<a TARGET=“_blank”]Opinion: Workplace sex always carries consequences[/url]
News Leader - February 19, 2007

Posted by Patrick Della Valle on 02/23 at 10:33 AM
Week in Review
Friday, February 09, 2007

Week In Review (February 9, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9204”>Finally: Relief from the 3 big FMLA headaches (pdf).</A>
Breathe a sigh of relief regarding the FMLA: The Department of Labor finally recognizes HR’s pain and is doing something about it.
Located On: Michael Best & Friedrich LLP

Most Popular State Law Article

<a >Incentive Pay Plan Violated Payment of Wages Act; Employer Ordered to Pay Treble Damages, Attorneys Fees, And Costs (pdf).</A>
In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer’s incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.
Located On: Nexsen Pruet

Most Popular Headlines

<a TARGET=“_blank”]Women flirt their way to top: survey[/url]
CNN-IBN - February 06, 2007

Posted by Patrick Della Valle on 02/09 at 08:45 AM
Week in Review
Friday, January 26, 2007

Week In Review (January 26, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9046”>Religious Discrimination and Religious Accommodation in the Workplace.</A>
Sensitivity to religious issues in the workplace is growing. Consider the following scenarios.
Located On: Faegre & Benson

Most Popular State Law Article

<a >San Francisco Sick Leave Ordinance - City Officials Take Time to Address Ill Effects of Unwieldy New Law.</A>
Workers in San Francisco will begin accruing paid sick leave on February 5, 2007 despite numerous uncertainties raised by the San Francisco Sick Leave Ordinance. Donna Levitt, Division Manager of the Office of Labor Standards Enforcement (OLSE), the administrative agency in charge of enforcing the Ordinance, took time last week to meet with concerned business owners at two public hearings and addressed some of the outstanding issues.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Resume lies you can’t get away with[/url]
CNN.com - January 19, 2007

Posted by Patrick Della Valle on 01/26 at 10:44 AM
Week in Review
Friday, January 05, 2007

Week In Review (January 5, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8891”>More than Job Demands or Personality, Lack of Organizational Respect Fuels Employee Burnout</A>
When Lakshmi Ramarajan worked for a non-profit organization several years ago, she noticed a high turnover rate among the employees. It wasn’t because of the work itself, but because of the organization’s management. “Employees were passionate about their jobs, but felt disrespected by their managers,” says Ramarajan. “The employees were belittled and patronized, and often publicly chastised for challenging the status-quo.” Complaints about the negative work environment “were met with inertia or rejected out of hand. Eventually a lot of employees left.”
Located On: Knowledge@Wharton (Reg Required)

Most Popular State Law Article

<a >Commission Agreements Held Enforceable</A>
The California Court of Appeal recently confirmed the enforceability of written commission agreements for employees paid by commission.
Located On: Proskauer Rose LLP

Most Popular Headlines

<a TARGET=“_blank”]Biggest workplace stories of 2006[/url]
Oregon Live - December 29, 2006

Posted by Patrick Della Valle on 01/05 at 11:02 AM
Week in Review
Friday, December 29, 2006

Week In Review (December 29, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8861”>Calculating Eligibility for FMLA Leave: When Does 7 Equal 12?</A>
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

<a >Attorneys Hired By Employers in New Jersey To Investigate Complaints Of Workplace Harassment May Be Sued By Complainant.</A>
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

<a TARGET=“_blank”]Gossip about medical conditions can mean legal trouble for employers[/url]
Asbury Park Press - December 26, 2006

Posted by Patrick Della Valle on 12/29 at 10:07 AM
Week in Review
Friday, December 15, 2006

Week In Review (December 15, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8764”>Managing the Holidays: Make a List and Check It Twice (pdf).</A>
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

<a >Pennsylvania Minimum Wages Have Increased.</A>
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

<a TARGET=“_blank”]Q&A: How to cope with jerks at work[/url]
Computer World - December 13, 2006

Posted by Patrick Della Valle on 12/15 at 11:22 AM
Week in Review
Friday, December 08, 2006

Week In Review (December 8, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8642”>Can An Employer Exclude Certain Classes of Employees From Health Plan Coverage? (pdf).</A>
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

<a >Destruction of Evidence Proves Costly for Employee (pdf).</A>
Court dismisses wrongful termination suit and imposes monetary sanctions.
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]What Not to Do at Work[/url]
ABC News - December 04, 2006

Posted by Patrick Della Valle on 12/08 at 10:27 AM
Week in Review
Friday, November 10, 2006

Week In Review (November 10, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8432”>Religious Discrimination and Religious Accommodation in the Workplace.</A>
Sensitivity to religious issues in the workplace is growing. Consider the following scenarios.
Located On: Faegre & Benson

Most Popular State Law Article

<a >Motherhood with Small Children Gender Discrimination Claim is Sanctioned by Massachusetts Court (pdf).</A>
Gender discrimination, in theory, should be easy to spot. There are only two genders. Treating either gender differently from the other would seem to be the hallmark of any viable gender discrimination claim. However, courts cannot agree with that simple proposition.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]What happened to courtesy in workplace?[/url]
Daily Record - November 06, 2006

Posted by Patrick Della Valle on 11/10 at 10:42 AM
Week in Review
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