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Listed below are the ten most popular links contained in our federal and state law databases (determined by the number of clicks) for this month.
1. Top 100 Employment Law Blogs . . . plus 10.The Top 100 Employment Law Blogs is back and updated for 2009. Ok, so it’s the Top 110 this year. Young Conaway Stargatt & Taylor, LLP
November 04, 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. Jackson Lewis LLP
November 06, 2009 On October 28, 2009, the President signed the 2010 National Defense Authorization Act (NDAA) that included provisions expanding Family and Medical Leave Act military family leave benefits. The 2010 NDAA extends FMLA exigency leave coverage to family members of active duty members of the Armed Forces. It also expands the potential period during which FMLA caregiver leave might be provided. Now, eligible employees may take FMLA caregiver leave for up to five years after the veteran ends active duty. The expanded FMLA rights are effective immediately. Employers should amend their FMLA policies to reflect these expanded military family leave rights. Jackson Lewis LLP
November 02, 2009 The Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster. The new poster reflects the requirements of the Genetic Information Nondiscrimination Act ("GINA"), which take effect on November 21, 2009, and prohibit employers from discriminating against applicants and employees based on genetic information for employment purposes and health insurance. The new poster will also reflect the changes made by the Americans with Disabilities Act Amendments Act of 2008, which took effect on January 1, 2009. Cooley Godward Kronish LLP.
November 05, 2009 A federal appellate court recently rejected a lawsuit brought by a worker who was fired after his employer discovered that his password was used to access pornographic websites from a shared workplace computer. Finding that the trial judge correctly determined that the worker had failed to establish a genuine issue of material fact that would call into question his employer's legitimate, nondiscriminatory reason for the discharge, the Fifth Circuit Court of Appeals rejected the worker's age discrimination claim. Ogletree Deakins
November 03, 2009 We all know that union membership has been on the decline for decades. But with a new administration in the White House, and Democrat majorities in the House and Senate, employers should expect significant labor law reforms and dramatically different enforcement strategies that will make it easier for labor unions to organize employees. In fact, hopeful labor leaders proclaim that the expected changes could add up to 1.5 million new members per year for the next 15 years. Fisher & Phillips, LLP
November 02, 2009 Performance evaluations and performance improvement forms, such as warnings, receive more scrutiny during employment litigation than during employment. When the employment relationship has decayed to the point that a lawsuit occurs, employment lawyers scour annual reviews, disciplinary records, and contemporaneous supervisors’ notes for evidence. Shaw Valenza LLP
November 04, 2009 When it comes to resumes, I’m not the only one who believes that looks really do matter. Admittedly, I am more particular than most when it comes to the appearance of documents. But typeface is one aesthetic upon which I do not stand alone. Young Conaway Stargatt & Taylor, LLP
November 03, 2009 On October 28, 2009, President Obama signed the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84) (NDAA). The NDAA includes provisions that expand the two types of military-related leave that became available under the Family and Medical Leave Act (FMLA) in January 2008: "qualifying exigency" leave and military caregiver leave. Although this portion of the NDAA does not have an effective date, according to the staff of the Subcommittee on Military Personnel of the House Armed Services Committee, the NDAA took effect when President Obama signed it. Littler Mendelson, P.C.
November 02, 2009 If you’re an associate at the law firm Quinn Emanuel, the answer is “very, very often.” Young Conaway Stargatt & Taylor, LLP
November 06, 2009 |
1. Grocer Liable After Uninformed Supervisor Fails To Provide Accommodation To Disabled Employee.When an employer grants a reasonable accommodation to a disabled employee, what happens if an uninformed supervisor later fails to provide that accommodation? In a recent California case titled A.M. v. Albertsons LLC, that very thing happened, and the employer was held liable for failing to provide an accommodation. The case offers important lessons for employers who offer accommodations to disabled employees. Barker Olmsted & Barnier
November 05, 2009 Effective October 26, 2009, New York employers are required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. The enactment indicated that the Department of Labor would provide guidelines to assist employer compliance. Jackson Lewis LLP
November 06, 2009 The California legislature proposed a number of new labor and employment laws in 2009. However, as the politicians battled through a major budget meltdown, the bills either stalled in committee or were vetoed by the governor. Below is a summary of the more significant ones. Barker Olmsted & Barnier
November 05, 2009 Recently, the New Jersey Department of Labor and Workforce Development (NJ DOL) issued regulations interpreting New Jersey's newly implemented paid family leave law, formally known as the "Family Leave Insurance Law." The new regulations provide guidance on important aspects of family leave insurance ("FLI") benefits. Littler Mendelson, P.C.
March 18, 2009 New York recently amended its Labor Law § 195 to require employers to advise all new hires in writing of their rate of pay and regular pay day. For non-exempt, overtime-eligible employees, the notice must include the regular hourly rate as well as the overtime rate. Employers also must obtain from each new hire a written acknowledgment of the required notice. Before this amendment, the labor law required only that new hires be advised of the rate of pay and regular pay day. No written notice, written acknowledgment of that notice, or statement of the overtime rate was previously required. Buchanan Ingersoll & Rooney PC
September 03, 2009 As part of California’s annual budget ordeal, rather than enacting new taxes, the legislature enacted (and the Governor signed) various income shifting and tax acceleration provisions. Under ABX4-17, as of November 1, 2009, employers will be using a new state income tax withholding table to increase by 10% the amount of income taxes withheld based on existing claimed exemptions. This law also increases the rate on withholdings for supplemental wages as well as other types of payments such as exercised stock options and bonuses. Under a companion bill, ABX4-18X, as of January 1, 2010, California imposes 7% backup withholding for certain payments to non-employees (i.e. independent contractors) where back-up withholding is otherwise generally required under the Internal Revenue Code. In combination, these laws create new obligations on both payroll and accounts payable operations. Littler Mendelson, P.C.
September 21, 2009 As most employers are aware, the federal minimum wage rate will increase to $7.25 per hour on July 24, 2009. Currently, the state minimum wage rate in Florida is $7.21 per hour. However, because federal law requires that businesses comply with the higher of state or federal minimum wage rates, on July 24, Florida employers will be required to comply with the higher federal rate of $7.25 per hour. Ford & Harrison LLP
July 21, 2009 North Carolina Bans Texting While Driving; Increased Penalties for Child Labor Violations; Unemployment Benefits; Personal Protective Equipment; At-Will Employment: Court Strengthens Limits on Contracts that Modify At-Will Employment; Wage and Hour: North Carolina’s Wage and Hour Act Does Not Apply to Non-Residents Working Primarily Out of State; Benefits: A Non-ERISA Short-Term Disability Plan Gives Employer Reasonable Discretion to Determine Benefits Eligibility; Unemployment Compensation: North Carolina Supreme Court Finds that Employee Who Accepts Voluntary Retirement Package is Ineligible for Unemployment Benefits; Harassment: Federal Courts Require More from Employer Harassment Investigations; Fair Labor Standards Act (FLSA): Fourth Circuit Clarifies Analysis for Administrative Exemptions. Ogletree Deakins
October 26, 2009 The New Jersey Department of Labor and Workforce Development (NJDOL) continues to provide employers with additional information regarding the new Paid Family Leave Law. Both English and Spanish language version posters are now available on the NJDOL’s website. Also, a detailed new Question and Answer sheet is available, which provides important payroll information (including how to report employee contributions on Form NJ927 and W-2s). Ogletree Deakins
December 16, 2008 In an unpublished opinion, a federal district court in New Jersey has upheld a jury verdict in which a company was found liable for violating the federal Stored Communications Act (SCA). The violation occurred when the company’s managers intentionally accessed a “chat group” on an employee’s MySpace account without having received authorization from the MySpace member to join the group. Further, the court upheld the jury’s finding of malicious conduct, which supported an award of punitive damages. Ogletree Deakins
October 15, 2009 |
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Employment Law Seminars
Top Tips to Protect Your Workplace From Violence
Webinar
November 10, 2009
HR Learning Center LLCWorkplace Change in the Obama Era
Columbus
November 10, 2009
Littler2009 Employment Practices Conference
Universal City
November 10, 2009
Ballard RosenbergFall Employment Law Mini-Series
Tysons Corner
November 10, 2009
LittlerBusiness Continuity During the H1N1 Outbreak
Webinar
November 10, 2009
Littler"Action Steps for Upcoming Open Enrollment" Free E-Briefing
Webinar
November 10, 2009
Ford & HarrisonLabor and Employment Law Seminar
Los Angeles
November 11, 2009
OgletreeHR Network 2009 | Reston
Reston
November 12, 2009
CooleyThe Labor & Employment Compliance Costs of Federal Contracting
Webinar
November 12, 2009
LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to Comply
La Jolla
November 12, 2009
Fisher & Phillips
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