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Employment Law Blog

Category: Employment Law

Friday, December 21, 2007

Week In Review (December 21, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=12084”>IRS Expands Medical Expense Deductions</A>
The IRS recently issued Revenue Ruling 2007-72 expanding Internal Revenue Code Section 213(a) to allow a medical expense deduction for certain diagnostic procedures. Section 213(a) of the Code allows individuals to deduct medical care expenses which are not covered by insurance as long as the expenses exceed 7.5% of the individuals adjusted gross income. Group health plans and health flexible spending account plans often reference Section 213(a) to describe the type of benefits that may be covered by a plan.
Located On: Littler Mendelson, P.C.

Most Popular State Law Article

<a >Important Change to California’s Pay Statement Requirements, Effective January 1, 2008.</A>
As the New Year approaches, California employers should be mindful of an important change that will take effect on January 1, 2008, relating to information that can be listed on employee pay statements. Under California Labor Code section 226, employers must include certain itemized information on each employee’s pay statement. (This information must be provided separately for each pay period when the wages are paid by personal check or cash.)
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]What not to do in ‘The Office’[/url]
MSNBC - December 18, 2007

Posted by Patrick Della Valle on 12/21 at 10:49 AM
Employment Law
Friday, November 09, 2007

Week In Review (November 9, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=11717”>Provisions of an Effective Employee Handbook (Part II) (pdf).</A>
The following is the second of a two-part series.
Located On: Jones Walker

Most Popular State Law Article

<a >Ohio Civil Rights Commission Says Maternity Leave Must Be Twelve Weeks.</A>
The Ohio Civil Rights Commission recently announced dramatic amendments to the state’s pregnancy discrimination regulations. (Ohio Adm. Code 4112-5-05). Until now, employers only had to allow a “reasonable period of time” for pregnancy leave. “Reasonable period of time” has been interpreted in many different ways and the period of leave granted varied from employer to employer. Under the new amendments, a minimum of twelve weeks of unpaid leave must be provided for “pregnancy, childbirth, and related medical conditions.” In addition, at the end of the leave the employee must be reinstated to ““her original position or to a position of like status and pay, without loss of service credits or other benefits.”
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]10 ways to avoid age-bias landmines during the interview process[/url]
TechRepublic - November 06, 2007

Posted by Patrick Della Valle on 11/09 at 10:38 AM
Employment Law
Friday, September 28, 2007

Week In Review (September 28, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=11299”>Benefits Alert - Less Than 100 Days - That’s How Long Your Company Has to Comply with Section 409A in Operation.</A>
With open enrollment only weeks away, your new online system is still being tested. It’s not going well. The latest merger, the largest yet, is closing at year-end, meaning thousands of new and wary employees must assimilate into your benefit programs. Your daughter wants to be who for Halloween? And isn’t it your turn to host your spouse’s family (all of them) for Thanksgiving?
Located On: Ogletree Deakins

Most Popular State Law Article

<a >California Supreme Court Issues Two Big Decisions.</A>
The California Supreme Court ended the summer with a bang by announcing two major decisions which could have far-reaching effects. Here is a brief overview of the implications of each case to California employers.
Located On: Fisher & Phillips, LLP

Most Popular Headlines

<a TARGET=“_blank”]Seven deadly workplace sins[/url]
CNN.com - September 21, 2007

Posted by Patrick Della Valle on 09/28 at 04:52 PM
Employment Law
Friday, September 21, 2007

Week In Review (September 21, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=11256”>New EEO-1 Rules.</A>
Employers with 100 or more employees (and covered government contractors/subcontractors with 50 or more employees) must annually file an EEO-1 Report with the EEOC. However, the EEO-1 form due by September 30, 2007, will differ from the old form in two respects: (1) the “Officials and Managers” category will be split into two separate categories; and (2) the existing five racial classifications have been expanded to seven.
Located On: Littler Mendelson, P.C.

Most Popular State Law Article

<a >Court Rules for Employer in Emotional Distress Case (pdf).</A>
Summary judgment standards for emotional distress claims clarified.
Located On: Nexsen Pruet

Most Popular Headlines

<a TARGET=“_blank”]7-Eleven sued for job reference disclosure[/url]
Pacific Business News - September 18, 2007

Posted by Patrick Della Valle on 09/21 at 12:55 PM
Employment Law
Friday, September 14, 2007

Week In Review (September 14, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=11188”>Ten Steps to Avoid a Discrimination Lawsuit (pdf).</A>
As a management side employment attorney, I am often called upon to provide advice to clients who wish to terminate an employee. Here is a sample of the typical conversation that often occurs late on a Friday afternoon.
Located On: Buchanan Ingersoll & Rooney

Most Popular State Law Article

<a >California Supreme Court Employment Law Decisions 2006-2007.</A>
The California Supreme Court decided several significant employment law cases since our last summary in August 2006. The Court’s opinions address a number of topics, from employment at will to class actions. The Court also has accepted review of several decisions that could be blockbusters in the months to come. We summarize below the recently decided cases and those that remain pending.
Located On: Shaw Valenza LLP

Most Popular Headlines

<a TARGET=“_blank”]Gen Y shows why loyalty is waning[/url]
Kansas City Star - September 10, 2007

Posted by Patrick Della Valle on 09/14 at 09:50 AM
Employment Law
Friday, June 29, 2007

Week in Review (June 29, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10504”>One More Reason To Stay Union-Free.</A>
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

<a >San Francisco’s paid sick leave law: New rules you should know about.</A>
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

<a TARGET=“_blank”]List of irritants in the workplace is getting longer.[/url]
Daily Record - June 25, 2007

Posted by Patrick Della Valle on 06/29 at 07:06 AM
Employment Law
Friday, June 15, 2007

Week in Review (June 15, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10379”>May a Fiduciary Accept Gifts and Gratuities From Service Providers? (pdf).</A>
May a Fiduciary Accept Gifts and Gratuities From Service Providers?
Located On: Vedder Price

Most Popular State Law Article

<a >Two New Minnesota Laws Impose Additional Employer Requirements Regarding Employee Social Security Numbers and Review of Personnel Records.</A>
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

<a TARGET=“_blank”]Are You Courting A Discrimination Suit?[/url]
Forbes - June 11, 2007

Posted by Patrick Della Valle on 06/15 at 08:45 AM
Employment Law
Friday, June 01, 2007

Week in Review (June 1, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10260”>Employee Benefits and Executive Compensation Advisory: Section 409A—Action Steps Required in 2007.</A>
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

<a >California Employment Law Protects Employees Unauthorized to Work.</A>
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

<a TARGET=“_blank”]Justices Limit Discrimination Suits[/url]
New York Times (Registration Required) - May 29, 2007

Posted by Patrick Della Valle on 06/01 at 11:20 AM
Employment Law
Tuesday, May 29, 2007

U.S. Supreme Court Clarifies Title VII Statute of Limitations

Here is my post on the Supreme Court’s decision in Ledbetter v. The Goodyear Tire & Rubber Co., Inc. 

Greg Valenza

Posted by Patrick Della Valle on 05/29 at 02:20 PM
Employment Law
Thursday, May 24, 2007

DOT Issues Guidance - Am I covered by DOT Drug Testing Requirments?

The U.S. Department of Transportation has issued guidance in the form of a web-based “decision” tree, called “Am I covered.”  In question and answer format, the employer or employee can determine whether DOT drug testing rules apply.

DGV

Posted by Patrick Della Valle on 05/24 at 12:27 PM
Employment Law
Friday, May 11, 2007

Week in Review (May 11, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=10029”>Fourth Circuit Recognizes Different Decision Maker in Title VII Sex Discrimination Case (pdf).</A>
A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 (4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >Are Your Independent Contractors Really “Independent”? (pdf).</A>
Contractors, subcontractors and other companies engaged in construction work and related transportation activities in Illinois should prepare themselves for the impact that House Bill 1795 (Osterman, D-Chicago) may have on their operations. Now pending before the Illinois General Assembly, HB 1795 proposes a new state law, the Employee Classifi cation Act. As of this writing, the bill is expected to pass and be signed by the governor, with an effective date of January 1, 2008. If enacted, the bill will dramatically change how many companies utilize independent contractors in Illinois.
Located On: Vedder Price

Most Popular Headlines

<a TARGET=“_blank”]In employment interviews, to answer or not to answer – that is the question[/url]
North Jersey.com - May 07, 2007

Posted by Patrick Della Valle on 05/11 at 07:37 AM
Employment Law
Friday, May 04, 2007

Week In Review (May 4, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9964”>Wage & Hour Questions of the Month (April 2007).</A>
I would like to treat one of my employees as an exempt professional. However, we do not pay him the required minimum salary of $455 per week because he is part-time.
Located On: Michael Best & Friedrich LLP

Most Popular State Law Article

<a >California Supreme Court increases stakes for violations of meal and rest period rules.</A>
The California Supreme Court has issued an important decision, the practical effect of which is likely to triple the monetary exposure of employers who are found to have violated California rules governing employee meal and rest periods.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]Who says 9 to 5 is normal? Local companies redefine the workplace[/url]
The Seattle Times - April 30, 2007

Posted by Patrick Della Valle on 05/04 at 09:01 AM
Employment Law
Friday, April 27, 2007

Week In Review (April 27, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9910”>Who’s There? What to Do When the Government Is Knocking on Your Door - An Employer’s Guide to Handling Government Visits and Information Requests.</A>
32 page report on what to do when Government agencies are looking for information, from OSHA to the FBI.
Located On: Littler Mendelson, P.C.

Most Popular State Law Article

<a >Missed Meal & Rest Periods Will Cost Employers More Following California Supreme Court Decision.</A>
Everything you need to know about how the Kenneth Cole decision will cost you. 
Located On: Littler Mendelson, P.C.

Most Popular Headlines

<a TARGET=“_blank”]Pride, envy and other workplace sins[/url]
North Jersey - April 24, 2007

Posted by Patrick Della Valle on 04/27 at 08:18 AM
Employment Law
Friday, April 20, 2007

Week In Review (April 20, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9831”>EEOC Wins Appeal of $3.4 Million in Pre-employment Strength Testing of Females (pdf).</A>
As many employers know, pre-employment strength testing of physical strength is quite common, particularly in jobs requiring physical strength as part of an essential job function.
Located On: Phelps Dunbar LLP

Most Popular State Law Article

<a >California Supreme Court Rules in Favor of Employees in Long-Awaited Meal and Rest Break Case.</A>
The California Supreme Court has finally decided the meal and rest break issue.
Located On: Hogan & Hartson LLP

Most Popular Headlines

<a TARGET=“_blank”]Court: Employees must be paid for lunch breaks[/url]
Silicon Valley Business Journal - April 17, 2007

Posted by Patrick Della Valle on 04/20 at 08:22 AM
Employment Law
Friday, April 06, 2007

Week In Review (April 6, 2007)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=9685”>New H-1Bs May Be Filed On Friday, March 30, 2007 - Cap May Be Hit In One Day.</A>
The annual H-1B quota was likely met yesterday.
Located On: Ogletree Deakins

Most Popular State Law Article

<a >N.J. Supreme Court Rules that a Retaliation Case Requires Underlying Complaint Be Made “Reasonably and in Good Faith”</A>
It’s hard to imagine that it took this long, but plaintiff’s are now required to establish that a retaliation claim under the NJLAD was reasonably filed and done in good faith.
Located On: Littler Mendelson, P.C.

Most Popular Headlines

<a TARGET=“_blank”]Bosses can fire for almost any reason[/url]
The Desert Sun - April 02, 2007

Posted by Patrick Della Valle on 04/06 at 11:20 AM
Employment Law
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