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Age Discrimination Class Actions COBRA Disability Discrimination Discussion Forums Employee Benefits FLSA & Wage & Hour FMLA Government Agencies Human Resources Immigration   Reminder: Federal Minimum Wage Increase.Phelps Dunbar LLP - July 02, 2009 As a reminder, pursuant to the 2007 amendments to the Fair Labor Standards Act, the federal minimum wage is set to increase from $6.55 per hour to $7.25 per hour effective Friday, July 24, 2009. TITLE VII Ruling in New Haven Firefighters Case Resolves Potential Conflicts Between Disparate Treatment and Disparate Impact Claims and Presents New Challenges for Employers.Baker Hostetler LLP - July 02, 2009 On June 29, 2009, the Supreme Court issued its long-awaited decision in Ricci, et al. v. Destefano, et al., also known as the New Haven firefighters “reverse” discrimination case. The case is significant because it establishes that an employer may not manipulate the results of legitimate, job-related promotional examinations to obtain a more diverse workforce absent a showing that there is a strong basis in evidence to believe the employer will be subject to disparate impact liability if it fails to take the race conscious discriminatory action. The case breaks new ground by resolving potential conflicts between disparate treatment and disparate impact claims, and presents new challenges for employers faced with potential litigation arising from testing requirements or other facially-neutral employment practices. RACE DISCRIMINATION Out of the Frying Pan and into the Fire: Supreme Court Issues Favorable Ruling forWhite Firefighters in Reverse Discrimination Case.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 01, 2009 Query: May an employer make a race-based employment decision when it discovers that one of its employment tests or policies has the unintended effect of creating an adverse impact on another racial classification? IMMIGRATION USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - July 01, 2009 On June 29, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of June 26, 2009, it has received only 44,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received, since not all petitions can be approved. Once the relevant H-1B cap has been met, USCIS will issue an update and announce the final receipt date. H-1B petitions will no longer be accepted after the final receipt date. USCIS will hold a lottery for the petitions received on the last day that filings are accepted. RACE DISCRIMINATION Supreme Court Rules for White Firefighters in Bias Claim.Jackson Lewis LLP - July 01, 2009 In a much-awaited decision issued on its last day in session, the U.S. Supreme Court has ruled that the City of New Haven improperly discriminated on the basis of race when it refused to certify the results of a promotional test on which white and Hispanic firefighters outperformed their black colleagues. Ricci v. DeStefano, Nos. 07-1428 & 08-328 (June 29, 2009). A 5-4 majority of the Court rejected the City’s argument that it disregarded the test results to avoid violating Title VII’s disparate-impact provisions. HUMAN RESOURCES The Pink Prescription: Facing Tomorrow's Challenges Calls for Right-brain Thinking.Knowledge@Wharton (Reg Required) - July 01, 2009 Change may be the only constant, but it's also a constant challenge for educators trying to prepare students for the future. If the world is always in flux, what should teachers be teaching? What should schools be doing to develop the next generation for the dramatic shifts taking place in the way the world works and lives? Does the current curriculum make the grade? LABOR LAW Executive Labor Summary.Constangy, Brooks & Smith, LLP - July 01, 2009 EFCA update; Two-member rulings continue; Arbitration of statutory discrimination claims? Not so fast! Read the entire contract! Union win rate rises in 2008; Raynor finally outta HERE; “Am I here or at Dad’s this weekend?”; Wedding plans? AGE DISCRIMINATION ADEA Disparate-Treatment Plaintiffs Must Prove Age Was the But-For Cause of the Challenged Employment Action.Buchanan Ingersoll & Rooney PC - July 01, 2009 In a surprising decision, the Supreme Court held, 5-to-4, that federal age discrimination claimants must prove that their age was the "but for" cause of the challenged employment decision (such as failure to promote, demotion or termination). Gross v. FBL Financial Services, Inc., 129 S. Ct. 2343 (June 18, 2009). This means that ADEA plaintiffs bringing disparate treatment claims generally will have a more difficult burden of proof as compared to Title VII plaintiffs. FLSA and WAGE & HOUR Overtime Issue for Home Care Workers is Alive as Senators Press to Have US DOL Regulations Altered or Reinterpreted.Ford & Harrison LLP - July 01, 2009 What Happened Two Years Ago... In Long Island Care at Home, Ltd. v. Coke, 549 U.S. 1105 (June 11, 2007), the Supreme Court deferred to the U.S. Department of Labor's interpretation of its own regulations and unanimously held that home care workers employed by third party employers or agencies were exempt from overtime under the "companionship exemption" to the Fair Labor Standards Act. Coupled with the overtime exemption available to non-profit agencies in New York (where Medicaid funded home care can be 24/7) who had timely filed a Statement of Non-Profitmaking Institutions with the NYS Department of Labor, this fully exempted those agencies, in particular, from overtime pay to home care workers. IMMIGRATION USCIS Still Accepting H-1B Cases Subject to the H-1B Cap.Ford & Harrison LLP - July 01, 2009 On June 30, 2009, U.S. Citizenship and Immigration Services (USCIS) provided an update stating that it continues to accept H-1B petitions subject to the Fiscal Year 2010 H-1B Cap.
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July 8, 2009 Fisher & PhillipsImmigration Law Issues in the Hospitality Industry: Unique Visa Options & Compliance ChallengesOnline
July 8, 2009 Fisher & PhillipsWEBINAR—Healthcare: Preparing for the Impact of the Employee Free Choice ActWebinar
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