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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. Employer's Return-to-Work Evaluation Found Unlawful "Medical Exam" under ADA, Ninth Circuit Rules.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 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 While a contractor’s responsibility for wage and hour violations can vary depending on the statute(s) involved and the factual circumstances, the FLSA and other statutes help make it clear that a general contractor has some incentive to monitor and try to prevent some of these wage and hour violations. Remember: for liability under the FLSA, you can be liable if you have shown “reckless disregard” for the law. In general, you may first protect yourself by knowing the law. Second, you can prevent some problems through your contract. Third, a general contractor needs to preserve the distinction between its operations and the operations of its subcontractors. Fourth, it is wise for general contractors to make reasonable efforts to have their subcontractors obey applicable wage and hour laws. Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
November 11, 2009 Congress Expands Family Military Leave. Ogletree Deakins
November 10, 2009 Almost every workplace has one - the disgruntled employee who frequently complains to supervisors and co-workers. Fisher & Phillips, LLP
November 19, 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 Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page. Young Conaway Stargatt & Taylor, LLP
November 20, 2009 In order to weather the dire state of the economy, many employers have been forced to eliminate and/or consolidate positions in an effort to reduce costs. Inevitably, when positions are eliminated and employees are laid off, questions arise regarding the legality of the employment decisions. In this regard, far too often, employers’ efforts to defend lay off decisions are complicated by incomplete, inaccurate performance reviews. Elarbee, Thompson, Sapp & Wilson, LLP.
November 17, 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 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. Phelps Dunbar LLP
November 06, 2009 |
1. New York DOL Issues Forms to Use When Notifying Employees of Rates of Pay.New York Labor Law Section 195 became effective on October 26, 2009. (See our September 3, 2009, "NY Employers Must Now Advise New Hires in Writing Rate of Pay" advisory.) Pursuant to Section 195, New York employers must provide new employees with written notice of: (1) pay dates; (2) regular hourly pay rates; and (3) overtime rates of pay for all employees eligible to receive overtime compensation. Section 195 requires employers to provide this information before an employee starts working, to obtain written acknowledgements from employees confirming that they received the required notification, and to keep the signed statements for six years. Buchanan Ingersoll & Rooney PC
November 10, 2009 Governor Schwarzenegger just signed into law AB 485 - "Civil Air Patrol: California Wing: Employment Leave". Ballard Rosenberg Golper & Savitt
November 16, 2009 In March 2009, New York State Department of Labor Commissioner M. Patricia Smith convened a Wage Board to examine the Wage Orders currently applicable to New York State restaurant and hotel employers. In late September, the Wage Board proposed significant changes to the Wage Orders and provided the Commissioner with proposed language for a Wage Order combining the current restaurant and hotel industry wage orders. (See our article, New York State Wage Board Approves Revised Hospitality Industry Wage Order.) On November 5, 2009, Commissioner Smith issued an Order accepting many of the Wage Board’s recommendations, while rejecting the Wage Board’s proposed Wage Order. Jackson Lewis LLP
November 12, 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 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 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 A California Chamber of Commerce-supported bill that protects businesses from meritless lawsuits was signed by Governor Arnold Schwarzenegger last week. Ballard Rosenberg Golper & Savitt
November 16, 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 New Jersey Prohibits Sex Offenders from Working for Youth Organizations; Proposed Amendment Redefines “Misconduct” for Unemployment Benefit Disqualification Purposes; NYS DOL Issues Required Notice and Acknowledgement Form that New York Employers Must Use When Hiring New Employees; “Nurse Coverage Plans” Mandatory for Involuntary Overtime in New York; Release Valid Under OWBPA Where Plaintiff Was Given Appropriate Time to Consider It, Notwithstanding He Signed It Immediately Due to His Own Poor Financial Condition; New Jersey Supreme Court Holds Defendants Cannot Recover Fees in CEPA and LAD Cases under Offer of Judgment Rule; ADEA Claim Fails Where Employer Had Numerous Reasons to Fire Employee; Age Clearly Not the “But For” Factor in Termination. Ogletree Deakins
November 12, 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 |
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Employment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009
Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 1, 2009
Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)
Webinar
December 1, 2009
LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to Comply
San Francisco
December 1, 2009
Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"
Tampa
December 2, 2009
ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to Comply
Ontario
December 2, 2009
Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With Dementia
Audio Conference
December 2, 2009
Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web Cast
Webinar
December 4, 2009
Ford & HarrisonTaking Executive Compensation Hostage; What To Do
Webinar
December 8, 2009
Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)
Sacramento
December 9, 2009
Shaw Valenza
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