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Employment Law Blog

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, December 01, 2006

Week In Review (December 1, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8592”>UNITE HERE Hits Home Runs.</A>
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

<a >Florida Employers Must Display Minimum Wage Poster Effective January 1, 2007.</A>
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

<a TARGET=“_blank”]Don’t sit up straight![/url]
Chicago Tribune (Registration Required) - November 28, 2006

Posted by Patrick Della Valle on 12/01 at 11:14 AM
Employment Law
Friday, November 17, 2006

Week In Review (November 17, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8489”>Employers Beware as Retaliation Claims Increase.</A>
Companies faced with a Title VII lawsuit often think that if they can successfully defend against the underlying charge of discrimination or harassment, they are out of the woods. However, as the employer in Stone-Clark v. Blackhawk, Inc. (D.D.C., No. 04-0373, 11/1/06) recently learned, this is not always the case, especially when the lawsuit includes an allegation of retaliation.
Located On: Helms Mulliss & Wicker

Most Popular State Law Article

<a >San Francisco Requires Employers to Offer Paid Sick Days.</A>
San Francisco employers must provide paid sick leave to employees—including part-time employees, temporary workers and participants in Welfare-to-Work Programs—who are employed within the geographical limits of the City and County of San Francisco under an ordinance approved by the City’s voters on November 7, 2006.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]‘What’s your greatest weakness?’ 3 smart replies[/url]
CNN Money - November 14, 2006

Posted by Patrick Della Valle on 11/17 at 09:28 AM
Employment Law
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
Friday, November 03, 2006

Week In Review (November 3, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8386”>The Changing Picture On Minimum Wage.</A>
Employers consistently read advisories and bulletins alerting them to proposed legislation that would amend the federal or state minimum wage. Discussions and worries about increased payroll costs traditionally heat up during the summer months and then fizzle out as the legislation stalls in Congress and state legislatures.
Located On: Fisher & Phillips, LLP

Most Popular State Law Article

<a >Must A Complaint Be “Official” To Count?</A>
The Massachusetts Supreme Judicial Court recently ruled that restaurant servers who complained to management that a new tip policy violated state wage laws could pursue their claims for retaliatory discharge. Three waiters at a famous Boston restaurant were fired after complaining to management that a new tip policy violated state wage laws.
Located On: Fisher & Phillips, LLP

Most Popular Headlines

<a TARGET=“_blank”]Bully can’t be stopped apparently[/url]
Orlando Sentinel - November 01, 2006

Posted by Patrick Della Valle on 11/03 at 10:06 AM
Employment Law
Friday, October 27, 2006

Week In Review (October 27, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8339”>Immigration—What is an employer to do? (pdf).</A>
This article relates to immigration issues which have been dominating the news both locally and nationally.
Located On: Vedder Price

Most Popular State Law Article

<a >Texas Supreme Court Enforces Covenant Not to Compete (pdf).</A>
Texas Supreme Court Enforces Covenant Not to Compete.
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]Work clothes send signals[/url]
Baltimore Sun - October 25, 2006

 

Posted by Patrick Della Valle on 10/27 at 09:55 AM
Week in Review
Friday, October 20, 2006

Week In Review (October 20, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8275”>How to Deal With Identity Theft: A Creeping Threat to Employers.</A>
It is no longer just a problem for financial institutions, credit entities and other companies whose business it is to store personal data about thousands or millions of people; employers, too, now face the risk of liability when the personal data of their employees falls into the wrong hands.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >New legislation in New York state requires certain employers to address and prevent workplace violence.</A>
In light of recent concerns about escalating violence in the workplace, New York joins states requiring some employers to assess their workplaces and take steps to prevent violence from occurring.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]Parental intrusion in the workplace[/url]
Kansas City Star - October 17, 2006

 

Posted by Patrick Della Valle on 10/20 at 10:09 AM
Week in Review
Friday, October 13, 2006

Week In Review (October 13, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8196”>New IRS Independent Contractor Test.</A>
Historically, the IRS used what has become known as the “Twenty Factor” test to determine whether a worker is an independent contractor or an employee. In January, 2006, in response to comments by Congress and representatives of labor and business, the IRS attempted to simplify and refine the test. The revised test is founding the 2006 Edition of IRS Publication 15-A. It consolidated the 20 factors into 11 main tests, and organized them into three main groups: behavioral control; financial control; and the type of relationship between the two parties.
Located On: Pepper Hamilton LLP

Most Popular State Law Article

<a >Amendments to Fair Employment and Wage Payment Laws Provide Common Sense Guidance for Employers.</A>
Amendments to the California Fair Employment and Housing Act have made certain requirements regarding the mandatory harassment prevention training and the payment of overtime wages more “employer friendly.” On September 29, 2006, Governor Schwarzenegger signed into law Assembly Bill 2095, which clarifies California’s existing harassment training requirements so they apply only to those supervisors in California. The law also eliminates confusion regarding the timing for payment of overtime wages by allowing both the overtime pay and a corrected itemization of overtime pay to appear on the pay stub issued for the next regular pay period.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Limits to at-will employment[/url]
Monterey Herald - October 06, 2006

 

Posted by Patrick Della Valle on 10/13 at 10:19 AM
Week in Review
Friday, October 06, 2006

Week In Review (October 6, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8140”>Disclosure of Employee Personal Data: What are an Employer’s Legal Obligations?</A>
The story is now well known. A data analyst for the US Department of Veteran’s Affairs took home a laptop and disks containing the names, social security numbers, dates of birth and disability ratings of nearly all active duty military personnel and virtually every person discharged from the United States military since 1975. When the employee’s home was later burglarized in early May, the electronic data was among the items stolen. A Department policy prohibiting employees from removing such data did not deter the employee from taking the data home and, as a result, the personal information of approximately 26.5 million persons may have been compromised. 
Located On: Faegre & Benson

Most Popular State Law Article

<a >“At Will” Language Preserved Employer’s Right To Terminate Without Cause (pdf).</A>
Brook Dore, who was employed as a management supervisor, countersigned an employment agreement (in the form of a letter) that characterized his employment as “at-will,” which was defined as the right of either party to terminate the employment “at any time.”
Located On: Proskauer Rose LLP

Most Popular Headlines

<a TARGET=“_blank”]Employees feel forced to work without pay[/url]
Asbury Park Press - October 02, 2006

Posted by Patrick Della Valle on 10/06 at 10:15 AM
Employment Law
Friday, September 29, 2006

Week In Review (September 29, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8088”>The Fourth Circuit Decision in Howard v. Winter Should Serve as a Warning to Take All Complaints of Harassment Seriously.</A>
“Be quick in action, but cautious in speech,” says the Chinese proverb. Nothing could be truer for a prudent human resources professional or supervisor. Indeed, the Fourth Circuit’s recent decision in Howard v. Winter, 446 F.3d 559 (May 4, 2006), should serve as a cautionary tale of what is to be expected when one fails to be quick in action in responding to a complaint about harassment, and worse, incautious in speaking with the employee who is complaining.
Located On: Helms Mulliss & Wicker

Most Popular State Law Article

<a >Arrest and Conviction Records: So Why Aren’t the Felons Jellin?</A>
Recently, there has been significant media attention with regard to prior arrest and conviction records for public employees. For example, in the Village of Greendale, Wisconsin, a candidate was approved by the Police & Fire Commission to be on the eligibility list as a patrol officer. While the Village Fire & Police Commission later removed the candidate from the eligibility list, the case generated significant controversy.
Located On: Michael Best & Friedrich LLP

Most Popular Headlines

<a TARGET=“_blank”]EEOC sues Land O’Lakes for severance language[/url]
Twin Cities Pioneer Press - September 26, 2006

Posted by Patrick Della Valle on 09/29 at 09:23 AM
Week in Review
Friday, September 22, 2006

Week In Review (September 22, 2006)

This week’s most popular articles:

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=8042”>General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker (pdf).</A>
Conversation put employer on notice.
Located On: Nexsen Pruet

Most Popular State Law Article

<a >California Adopts Highest Minimum Wage.</A>
California Governor Arnold Schwarzenegger has signed into law a $1.25 increase in the state minimum wage. The increase will take place in two parts. The first increase will raise the minimum wage from the current $6.75 per hour to $7.50 on January 1, 2007. The second increase of $0.50 will raise the minimum wage to $8.00 per hour on January 1, 2008. It is estimated that these increases will directly affect approximately 1.4 million California workers. The $8.00 per hour minimum wage as of January 2008 will, along with Massachusetts, be the highest in the country.
Located On: Jackson Lewis LLP

Most Popular Headlines

<a TARGET=“_blank”]Workplace theft: Where do employees get these ideas?[/url]
USA Today - September 20, 2006

 

Posted by Patrick Della Valle on 09/22 at 08:20 AM
Week in Review
Friday, September 15, 2006

Week In Review (September 15, 2006)

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7973”>United States Supreme Court Delivers Double-Whammy for Employers: Retaliation and Discrimination Just Got Easier To Prove (pdf).</A>
Retaliation and Discrimination Just Got Easier To Prove.
Located On: Jones Walker

Most Popular State Law Article

<a >Employee handbook does not constitute an employment contract</A>
Court finds disciplinary procedures did not alter employee’s at will employment status.
Located On: Ogletree Deakins

Most Popular Headlines

<a TARGET=“_blank”]10 crimes of work fashion[/url]
CNN - September 11, 2006

 

Posted by Patrick Della Valle on 09/15 at 09:53 AM
Week in Review
Friday, September 08, 2006

Week In Review (September 8, 2006)

Ford & Harrison and Fisher & Phillips capture this week’s honors!

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7896”>Things Don’t Always Go Better With Coke! (pdf).</A>
On August 31, 2006, the Second Circuit Court of Appeals in New York stunned the home care industry once again, by affirming its 2004 decision in Coke v. Long Island Care at Home. The court’s earlier decision had been vacated by the Supreme Court and remanded for further review in light of a Department of Labor (“DOL”) Memorandum on the companionship exemption’s coverage of agency-employed home care workers under the Fair Labor Standards Act (“FLSA”).
Located On: Ford & Harrison LLP

Most Popular State Law Article

<a >“That’s Not Harassment—We Just Have A ‘Sexually Charged’ Atmosphere”.</A>
The California Supreme Court recently unanimously held that sexual antics and sexual language by the writers for the television show “Friends” was not severe or pervasive enough to create a hostile work environment in violation of California State law.
Located On: Fisher & Phillips, LLP

Most Popular Headlines

<a TARGET=“_blank”]Help staff be winners, not whiners[/url]
Maine Today - September 01, 2006

Posted by Patrick Della Valle on 09/08 at 10:07 AM
Employment Law
Friday, September 01, 2006

Week In Review (September 1, 2006)

Congrats to Nixon Peabody for this weeks most popular Federal and State article!

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7851”>Denying Light-Duty Assignments to Pregnant Employees (pdf).</A>
Swift Transportation Co., a Phoenix-based trucking company, provided light-duty assignments only to employees out on workers’ compensation leaves; i.e., those who had sustained on-the-job injuries. Employees with offduty injuries or disabling conditions, including pregnant employees, were denied light-duty jobs. Amanda Reeves, a pregnant over-the road truck driver, sued Swift under the Pregnancy Discrimination Act when Swift refused her request to be assigned to an available light-duty position. Swift then fired her two weeks after she announced she was pregnant and after she refused to return to her regular driving job.
Located On: Nixon Peabody LLP.

Most Popular State Law Article

<a >New Proof-of-Age Requirement for New York Employers When a Worker Claims to Be between 18 and 25 years old (pdf).</A>
A little-noticed amendment to New York’s Labor Law imposes a new record-keeping requirement on New York employers. We are all familiar with the requirement that, for most types of employment, minors under age 18 must provide employers with employment certificates, commonly known as “working papers,” to lawfully hold jobs. Employers must keep the employment certificate on file during the minor’s employment and produce it to the New York Department of Labor (DOL) on demand. Employers are subject to penalties and fines if they hire a minor without obtaining an employment certificate.
Located On: Nixon Peabody LLP.

Most Popular Headlines

<a TARGET=“_blank”]6 rules for prospering in the workplace[/url]
Delaware Online - August 27, 2006

 

Posted by Patrick Della Valle on 09/01 at 09:30 AM
Employment Law
Friday, August 25, 2006

Week In Review (August 25, 2006)

Congrats to Jones Walker and Sedgwick for this week’s honors:

Most Popular Federal Law Article

[url=“http://www.elinfonet.com/headcount.php?ID=7797”>Cross Your T’s and Dot Your I-9 Compliance (pdf).</A>
The “I-9” is what people use to describe the Employment Eligibility Verification Forms I-9 and is one of the tools used by the government to try to ensure that employers are hiring only those individuals eligible to work in the United States.
Located On: Jones Walker

Most Popular State Law Article

<a >Huge Job Creation, Destruction Require Adaptation by Employment Lawyers.</A>
The structure of employment in California shifts rapidly. The traditional employer-employee relation continues to be impacted by the dramatic job creation and destruction and job turnover that is occurring in our state’s economy. This relation also is being altered by the expansion of contingent staffing arrangements and temporary staffing agencies, by the rise of professional employer organizations and by the impacts of globalization and offshoring.
Located On: Sedgwick, Detert, Moran & Arnold LLP

Most Popular Headlines

<a TARGET=“_blank”]Court ruling puts ‘screamers’ on notice[/url]
Las Vegas Business Press - August 18, 2006

 

Posted by Patrick Della Valle on 08/25 at 06:20 AM
Employment Law
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