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Labor Law Lawyering National Origin OSHA Race Discrimination Religious Discrimination Restrictive Covenants Sex Discrimination Sexual Harrassment Title VII Verdicts WARN
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Age Discrimination Class Actions COBRA Disability Discrimination Discussion Forums Employee Benefits FLSA & Wage & Hour FMLA Government Agencies Human Resources Immigration   The Risk of Automatically Terminating Employees After Leave Expires.Young Conaway Stargatt & Taylor, LLP - February 09, 2010 The EEOC published a press release a few days ago about the distribution of a $6.2 million settlement it had reached with Sears, Roebuck & Co. The lawsuit had been filed in November 2004 in federal court in Chicago. The consent decree was entered and publicized on September 29, 2009 as the largest ADA settlement in a single case in EEOC history. EMPLOYEE BENEFITS New Notice Requirement of Group Health Plan Sponsor CHIPRA Premium Assistance.Jackson Lewis LLP - February 09, 2010 The Children’s Health Insurance Program Reauthorization Act of 2009 (“CHIPRA”) imposes certain notice requirements on employers maintaining group health plans. Under CHIPRA, beginning in April 2009, employers sponsoring group health plans must provide notice of the new special enrollment rights CHIPRA affords. IMMIGRATION H-1B Filing Season to Open April 1, 2010.Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2010 The filing season for the Fiscal Year 2011 H-1B quota is at hand. Despite the sluggish economy, analysts are predicting positive growth in employment during the course of the year. Thousands of new H-1B cases will be filed on April 1, 2010. Employers need to project their labor needs for the coming year and position themselves to take advantage of the new H-1B quota. FLSA and WAGE & HOUR New Guidance Regarding Penalties for Child Labor Violation.Ford & Harrison LLP - February 09, 2010 The Department of Labor Wage and Hour Division has issued a Field Assistance Bulletin that provides guidance that employers can use to determine when they can expect to be subject to child labor civil money penalties under the Fair Labor Standards Act (FLSA) and how much they can expect to pay. The Bulletin also addresses the Child Labor Enhanced Penalty Program (CLEPP) created by the Wage and Hour division to incorporate changes made by the Genetic Information Nondiscrimination Act (GINA) to the FLSA's child labor penalty provisions. EMPLOYEE BENEFITS DOL Publishes Model CHIP Notices for Eligibility for Premium Assistance Under Medicaid or the Children's Health Insurance Program.Ford & Harrison LLP - February 09, 2010 As previously discussed in our February 17, 2009 Legal Alert, President Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Among other things, CHIPRA requires that employers inform each employee of potential opportunities currently available in the State in which the employee resides for group health plan premium assistance under Medicaid and the Children's Health Insurance Program (CHIP). These notices are referred to as Employer CHIP Notices. FLSA and WAGE & HOUR Sales rep falls within FLSA's "administrative" exemption because of independent strategic planning responsibilities.Ogletree Deakins - February 08, 2010 Under the Fair Labor Standards Act (FLSA), employees who work more than 40 hours a week are entitled to overtime pay unless they fall under one of the Act’s enumerated exemptions. The 3d U.S. Circuit Court of Appeal found that a Johnson & Johnson sales representative fell within the “administrative” exemption, based upon that person’s high level of planning and foresight, along with her “exercise of discretion and independent judgment with respect to matters of significance” and, therefore, was not entitled to overtime pay. Smith v. Johnson & Johnson, 3d Cir., No. 09-1223, February 2, 2010. HUMAN RESOURCES GINA’s Application to Caregiver Scenarios.Young Conaway Stargatt & Taylor, LLP - February 08, 2010 In Part I of this series, I discussed the Genetic Information Nondiscrimination Act in the employment-law context. In this post, I'll cover how GINA applies in the caregiver context. In Part III, I'll address how GINA may mean trouble for employers who search out information about employees and applicants online. HUMAN RESOURCES Employers Need To Brace For More Changes In 2010.Fisher & Phillips, LLP - February 08, 2010 Although more than 40 different labor and employment law bills were proposed in 2009, Congress acted on very few of them. In 2010, the story could be quite different - especially if Congress can pass health care reform legislation early in the year. At least seven areas of labor and employment law have great potential to be "hot" this year. LABOR LAW EFCA by Fiat? What a Becker Confirmation to the NLRB Could Mean for Employers.Ford & Harrison LLP - February 08, 2010 On February 4, 2010, the Senate Health, Education, Labor and Pensions Committee voted 13-10 to approve the nomination of Craig Becker to be a member of the National Labor Relations Board. It was a party line vote, with all 10 Republicans on the committee voting against Becker's nomination. Becker must next be confirmed by the entire Senate. With Senator Scott Brown already sworn in as the 41st Republican, there is a real possibility that Becker's confirmation could be blocked by a filibuster. If that were to happen, Senate Majority Leader Harry Reid said the Obama Administration may use a recess appointment to get Becker on the NLRB, which would not require Senate approval. SEX DISCRIMINATION Discrimination Law Update: Hotel Chain Guilty of Sex Discrimination For Firing Homely Clerk.Barker Olmsted & Barnier - February 05, 2010 Are ugly people protected by law? They might be, if an employment decision is made based on sex stereotypes. While reasonable grooming and dress standards may be appropriate, standards that are dependent on stereotypical views of sexual attraction, or unduly burden one gender more than the other, may violate state and federal anti-discrimination laws. In an Eighth Circuit federal case titled Lewis v. Heartland Inns of America, the court examined this issue.
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Employment Law Seminars
2010 Brings Many Important Changes to Workplace Laws – California Locations
Long Beach
February 9, 2010 Fisher & PhillipsSex Offenders, Terrorists and Video Resumes: How Far Can You Go to Get Information on Prospective and Current EmployeesPhiladelphia
February 9, 2010 LittlerSocial Media & HR (Delaware SHRM)Wilmington
February 9, 2010 Young ConawayCombatting Quickie ElectionsWebinar
February 9, 2010 Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage RequirementsWebinar
February 10, 2010 ConstangyThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 10, 2010 LittlerHR AcademyAtlanta
February 10 & 11, 2010 Fisher & Phillips2nd Annual Employment & Labor LawWashington
February 11-12, 2010 Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California LocationsLa Jolla
February 11, 2010 Fisher & PhillipsThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 11, 2010 Littler |
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