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Age Discrimination Class Actions COBRA Disability Discrimination Discussion Forums Employee Benefits FLSA & Wage & Hour FMLA Government Agencies Human Resources Immigration   Auto Dealership Update: Round Up The Usual Suspects.Fisher & Phillips, LLP - November 06, 2009 Over the last year, dealers have devoted most if not all of their attention to keeping their dealerships afloat. They've spent time cutting staff, combining job duties and slashing costs as they watched extraordinary events unfold in the automobile industry. That has not left much time to study what else is going on around them. HUMAN RESOURCES How Often Should Employees Check E-Mail After Hours?Young Conaway Stargatt & Taylor, LLP - November 06, 2009 If you’re an associate at the law firm Quinn Emanuel, the answer is “very, very often.” GOVERNMENT AGENCIES New EEO Poster Required by November 21.Phelps Dunbar LLP - November 06, 2009 A new federal posting requirement becomes effective November 21. The Equal Employment Opportunity Commission has revised its "Equal Employment Opportunity is the Law" poster. This new version reflects current federal employment discrimination law, including the Americans with Disabilities Act Amendments Act of 2008. The poster also was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which also is effective November 21, 2009. The revised poster also includes updates from the Department of Labor. FMLA Obama Expands Recently Enacted Exigency and Caregiver Leave Provisions for Military Families under the FMLA.Phelps Dunbar LLP - November 06, 2009 On October 28, 2009, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). Among other things, the new law includes an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA). The legislation does not include an effective date, suggesting that it took effect immediately upon the President's signature. DISABILITY DISCRIMINATION Employer's Return-to-Work Evaluation Found Unlawful "Medical Exam" under ADA, Ninth Circuit Rules.Jackson Lewis LLP - November 06, 2009 Relying heavily on Equal Employment Opportunity Commission enforcement guidance, a federal appeals court in San Francisco has held that a physical capacity examination administered to an employee who had been on a medical leave of absence was an impermissible “medical examination” under the Americans with Disabilities Act. Indergard v. Georgia-Pacific Corp., No. 08-35278 (9th Cir. Sept. 28, 2009). The Court reversed summary judgment in favor of the employer. The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. HUMAN RESOURCES Temporary Paid Sick Leave Legislation Introduced to Deal with H1N1, Other Illnesses.Jackson Lewis LLP - November 06, 2009 As concern over H1N1 and influenza-related illnesses continues to spread, legislation that would require employers to provide up to five days of paid sick leave per year to workers afflicted with influenza or other, similar contagious illness has been introduced in the U.S. House of Representatives. The bill applies to employers with 15 or more employees where workers comply with the employer’s directive to go home or stay home from work because of a contagious illness. The proposed legislation, titled the Emergency Influenza Containment Act (H.R. 3991), was introduced by House Education and Labor Committee leader Rep. George Miller (D-Cal.) and Workforce Protections Subcommittee leader Rep. Lynn Woolsey (D-Cal.). IMMIGRATION USCIS Commences H-1B Audit Program.Ford & Harrison LLP - November 06, 2009 The U.S. Citizenship and Immigration Service (USCIS) Office of Fraud Detection and National Security (FDNS) has initiated an H-1B audit program to assess employer compliance with H-1B requirements. FDNS will make unannounced Administrative Site Visits to H-1B employers and their clients, whereby the investigator will collect information regarding the legitimacy of an employer's business and the accuracy of the representations made in filed H-1B petitions. The purpose of this audit program and the associated site visits is to detect, deter, and combat immigration benefit fraud. USCIS has already sent tens of thousands of cases to FDNS, so it is important for H-1B employers to know what to expect and how to respond if FDNS comes knocking. EMPLOYEE BENEFITS It's Plan Amendment Time Again.Ford & Harrison LLP - November 06, 2009 Plan sponsors should be aware of upcoming deadlines for adoption of amendments to their qualified retirement plans. Certain amendments are required by the end of the 2009 plan year (December 31, 2009 for calendar year plans), while others are required by the plan sponsor's 2009 tax-filing deadline. In some cases, there may also be amendments required to be adopted by January 31, 2010. HUMAN RESOURCES LAYOFFS: HOW TO AVOID DISASTER.Ballard Rosenberg Golper & Savitt - November 06, 2009 If you're like other employers, you feel pressure to cut costs while you wait out the economic recovery. But, if you see layoffs as an option in responding to that pressure, you must be careful. A single misstep can subject you to potentially ruinous claims from departing employees. HUMAN RESOURCES GINA Becomes Effective In November; EEOC Publishes New Poster.Barker Olmsted & Barnier - November 05, 2009 The Genetic Information Nondiscrimination Act (“GINA”) becomes effective this month, on November 21, 2009. Generally, this federal law prohibits employers from acquiring or using genetic information about its employees, with certain exceptions.
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Employment Law Seminars
Top Tips to Protect Your Workplace From Violence
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November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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