Ten Most Recent Federal Articles
Requiring Employees to Explain Health-Related Absences May Be Unlawful
In E.E.O.C. v. Dillard’s, Inc., a federal district court in California ruled that a retail chain’s attendance policy, which required employees to provide a doctor’s note identifying the nature of a health-related absence for such absences to be excused, violated the Americans with Disabilities Act.
New Guidance on Lifetime Income Options in Retirement Plans 02/21/2012
On February 2, 2012, in a stated effort to encourage retirement savings and manage longevity risks, the Department of Treasury, the Internal Revenue Service (IRS) and the White House released a package of guidance and commentary.
House, Senate Approve Payroll Tax Cut, Unemployment Insurance Extension
As expected, both chambers of Congress approved the conference report to the Middle Class Tax Relief and Job Creation Act of 2012 (H.R. 3630) before adjourning for the Presidents’ Day recess. The measure extends the 2% payroll tax cut and emergency unemployment insurance benefits through December 2012, and delays the planned cut of Medicare reimbursement rates to doctors, commonly known as the “doc fix” provision.
EEOC Extends Recordkeeping Requirements to Include Genetic Information Nondiscrimination Act – Much Ado About Nothing
Keeping up-to-date record retention policies is a must for any employer. The Equal Employment Opportunity Commission (EEOC) recently passed a final rule mandating that all employers subject to its recordkeeping requirements under Title VII and the Americans with Disabilities Act (ADA) keep the same recordkeeping requirements with respect to the Genetic Information Nondiscrimination Act (GINA).
Smarter Firing Leads to Fewer Unemployment Payouts
How much your organization pays for unemployment in surance is based, in part, on how many of your former employees have successfully filed claims against you. Under
—not from the head of HR, who probably heard about it secondhand.
standing who is eligible for unemployment benefits and who isn’t can go a long way toward keeping insurance rates low.
5 Keys to Mediating Non-Compete and Trade Secret Disputes
Mediating a non-compete and trade secrets dispute is different than mediating general commercial disputes. This is particularly true early on in litigation. Non-compete cases are front loaded by nature and get expensive very quickly. The associated expenses are often beyond a party's control. Here are five things to keep in mind as you consider whether and when to mediate a non-compete and trade secrets case:
Social Security Tax Break Being Extended to Year-End
On February 18, 2012, the Senate passed a bill that extends the tax break on the employee portion of the Social Security Old-Age, Survivor and Disability Insurance tax (OASDI) through the end of 2012. The House of Representatives had passed the bill earlier in the week, and it is now awaiting signature by President Obama.
Hospitality Industry Legal Alert: The Trouble with Tips Continues: Two Recent Court Actions Illustrate Ongoing Challenges Facing Hospitality Employers
The United States Supreme Court recently denied review of an Eighth Circuit decision holding that employers must pay the federal minimum wage to tipped employees during those times when the employees performed related non-tipped "preparation and maintenance work," as long as the time spent performing related non-tipped work exceeded 20% of their workday. The Supreme Court's decision to decline certiorari could have a significant impact on the hospitality industry.
EEOC Publishes Guidance on Whether High School Diploma Requirement Violates ADA
Executive Summary: The Equal Employment Opportunity Commission (EEOC) has published additional guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high school diploma for a job. The guidance was issued in response to an earlier informal discussion letter in which the EEOC stated that such a requirement may violate the ADA if it screens out individuals who cannot obtain a diploma because of a learning disability, unless the employer can demonstrate that the requirement is job related and consistent with business necessity.
Issue: Employee’s inability to work overtime is not a per se disability under the ADA.
The 4th U.S. Court of Appeals has dismissed an employee’s lawsuit, holding that the individual’s inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the Americans with Disabilities Act (ADA). Boitnott v. Corning Incorporated, 4th Cir., No. 10-1769, February 10, 2012.
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