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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. Acceptable Phrases When Discussing Disabilities.Employers and employees alike often struggle with how to communicate with or assist employees with disabilities. Ballard Rosenberg Golper & Savitt
February 03, 2010 Less than one-third of U.S. employers have a social-media policy, according to Manpower in its recent study, Social Networks vs. Management? Harness the Power of Social Media. Not that this is a surprise. Frankly, I’m more surprised when an employer actually does have a social-media policy in place. The recently published regulations of the FTC regarding employee endorsements and social-media sites may prompt some employers to get working on that policy. And, if that’s the case or if you’re considering a social-media policy for any other reason, here are some tips to help you on your way. Young Conaway Stargatt & Taylor, LLP
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. Barker Olmsted & Barnier
February 05, 2010 President Obama’s Chief of Staff has caused quite a stir. Reportedly, in a fit of frustration, Rahm Emanuel called participants in a White House meeting “ f---ing retarded.” Sarah Palin, who has a son with Down’s Syndrome, quickly spoke out about the inappropriate nature of the comment on Facebook. The statement drew additional attention because this is the second time that a member of the Obama Administration has had to apologize for making an insensitive comment regarding the mentally disabled. Young Conaway Stargatt & Taylor, LLP
February 03, 2010 What are the legal reasons that an employer needs a social-media policy? That’s a question that I get a lot when discussing social media with clients and others. And, maybe more often, “Are there any reasons that I need a social-media policy?” This is a complicated question, really. And there are lots of possible answers. But there’s at least one new legal reason for employers to stop procrastinating, get the idea out of committee, and get to work on such a policy. Young Conaway Stargatt & Taylor, LLP
February 01, 2010 Over the past year, federal and state governmental agencies have signaled their intent to more seriously investigate the misclassification of employees as independent contractors. For various reasons, employers often find it desirable to classify certain workers as independent contractors, but state and federal agencies often look at classification decisions very closely. Fisher & Phillips, LLP
February 01, 2010 The Louisiana Army National Guard’s 3,000-member 256th Infantry Brigade Combat Team is preparing for a 12-month deployment to Iraq. On January 6, 2010, the Louisiana National Guard held a deployment ceremony in White Castle, Louisiana, for its 256th Brigade Special Troops Battalion. The ceremony was reportedly attended by hundreds of family members and friends—and those family members were likely eligible for leave under the Family and Medical Leave Act’s new military leave provisions for their attendance at the deployment ceremony. The Battalion will train in Mississippi for six to eight weeks, after which they will have four days of leave to return home before flying to Iraq. Their family members may also be entitled to FMLA leave for that four-day leave period. In light of the increased troop deployments to Afghanistan and Iraq, it is critical for employers to understand the new military leave provisions of the FMLA. Jones Walker
February 04, 2010 The U.S. District Court for the Middle District of Pennsylvania recently re-visited a case on remand from the Third Circuit, and allowed an insurance company employee’s claims of FMLA interference and retaliation to go forward. Erdman v. Nationwide Insurance Co., M.D. Pa., No. 1:05-cv-0944, 1/15/10. The case is noteworthy on more than one point: first, the 3d Circuit remanded the case on a finding that the employee’s hours worked at home might be counted toward the 1250 minimum hours needed to be eligible for FMLA leave; second, that evidence of ongoing “antagonism” between the company and the employee might form the basis of FMLA retaliation; and finally, that a request for FMLA leave may be viewed as a “protected activity” under Pennsylvania’s Human Relations Act. Ogletree Deakins
February 01, 2010 Class and collective action lawsuits asserting wage and hour claims continue to outpace all other types of employment litigation in the federal courts. The volume of such cases increases year after year, and there is nothing to suggest that the trend will reverse itself anytime soon. The plaintiffs' bar that specializes in this area of employment law continues to grow, and with each passing year gets more expert, creative and aggressive in pursuing class and collective action lawsuits under federal and state wage and hour laws. Constangy, Brooks & Smith, LLP
February 04, 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. Fisher & Phillips, LLP
February 08, 2010 |
1. California Employers Required to Provide Another Protected Leave of Absence.The Civil Air Patrol Employment Protection Act now requires California employers with 15 or more employees to permit employees who have been employed 90 or more days to take a leave of absence to respond to an emergency operational mission of the California Wing of the Civil Air Patrol. An eligible employee may take up to 10 days per year. Leave is limited to three days on any one occasion, but can be extended if authorized by the government entity that called for the mission and the employer agrees. Jackson Lewis LLP
February 08, 2010 An employee claims that he worked overtime, but an investigation reveals that his claim is false. The employee claims he made a mistake, but the company concludes otherwise. He should be terminated, right? Not so fast. California law might offer protection to such an employee. In a case titled Barbosa v. Impco Technologies, a California appellate court found that complaining about missing overtime can be a protected activity, and that firing the complainer may be a wrongful termination. Barker Olmsted & Barnier
February 05, 2010 This article, co-authored by A. Michael Weber and Bruce R. Millman of Littler's New York office, provides details on three decisions affecting the New York state and city human rights laws. In addition, the authors suggest steps that employers can take to ensure compliance with the new requirements. Littler Mendelson, P.C.
February 04, 2010 New Law Allows License Suspension and Revocation for Repeat Violations of Wage, Benefits, and Tax Laws; Creates New Notice Requirements;
Medical Marijuana Law Passes; Employers’ Accommodation Obligations Unclear;
Employment Protection for Volunteer Emergency Responders;
Annual Adjustments in Family Leave Insurance Contribution Rates;
Autism Now Expressly Protected Under the NJLAD;
Prevailing Wage – Expansion of the Scope of “Maintenance-Related Projects”;
Construction Contracts Must Now Include Equal Employment Opportunity and Affirmative Action Language to Receive American Recovery and Reinvestment Funds;
Governor Announces New Labor Commissioner Nominee;
“Continuing Violation Theory” Cannot Be Used to “Sweep In” an Otherwise Time-Barred Discrete Retaliatory Act Under the NJLAD;
Single “Politically Incorrect” Comment Insufficient to Establish Age Discrimination;
NJLAD’s “Refusal To Do Business” Provision Prohibits Conditioning Business on Submission to Sexual Advances;
No Bar on Public Interest Attorneys Simultaneously Negotiating Settlement on Merits and Attorneys’ Fees in NJLAD and CEPA Matters;
Sexual Harassment Settlement with Public Employer Cannot Be Kept Secret. Ogletree Deakins
February 02, 2010 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 Since October 26, 2009, New York employers have been 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. Shortly after the law’s effective date, the New York State Department of Labor issued a model form applicable to hourly employees and mandated that such form be used by all employers. Jackson Lewis LLP
January 29, 2010 The New York State and New York City Human Rights laws provide for significant remedies for prevailing plaintiffs. Unlimited compensatory damages are available under State law and unlimited compensatory damages, unlimited punitive damages and attorneys’ fees are available under City law. Further, the New York City Council has legislated that the City law is to be interpreted expansively in order to provide greater protections for employees than exist under federal or state law. Jackson Lewis LLP
February 09, 2010 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 The Pennsylvania Human Relations Commission (PHRC) recently proposed Policy Guidance that would apply a rebuttable presumption of disparate impact discrimination when an employer rejects African American and Hispanic applicants from employment pursuant to a policy regarding prior criminal convictions. Littler Mendelson, P.C.
January 29, 2010 On January 14, 2010, in a significant and rare pro-employer decision, the New Jersey Supreme Court in Fernando Roa and Liliana Roa v. LAFE and Marino Roa limited the continuing violations doctrine, which had been used by plaintiffs to expand the statute of limitations period under the New Jersey Law Against Discrimination (NJLAD). In Roa, the court made clear that under the NJLAD, the statute of limitations begins to run for a discrete retaliatory act, such as a discharge, on the date the act takes place. Rejecting a tactic often employed by plaintiffs, the court held that a timely claim for post-discharge retaliation does not revive an untimely retaliation claim based on a discrete act of which the employee knew or should have known. However, the court went on to hold that discrete post-discharge retaliatory conduct, in this case the cancellation of health insurance, is independently actionable even if it does not relate to an employee's present or future employment. Littler Mendelson, P.C.
January 29, 2010 |
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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 Employees
Philadelphia
February 9, 2010
LittlerSocial Media & HR (Delaware SHRM)
Wilmington
February 9, 2010
Young ConawayCombatting Quickie Elections
Webinar
February 9, 2010
Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage Requirements
Webinar
February 10, 2010
ConstangyThe 2009-10 Legislative & Case Law Update
Diamond Bar
February 10, 2010
LittlerHR Academy
Atlanta
February 10 & 11, 2010
Fisher & Phillips2nd Annual Employment & Labor Law
Washington
February 11-12, 2010
Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California Locations
La Jolla
February 11, 2010
Fisher & PhillipsThe 2009-10 Legislative & Case Law Update
Diamond Bar
February 11, 2010
Littler
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