|
|
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. Fourth Circuit Recognizes Different Decision Maker in Title VII Sex Discrimination Case (pdf).A plaintiff must ordinarily demonstrate replacement by someone outside his or her protected class to establish a prima facie case of employment discrimination. In Lettieri v. Equant, Inc., 478 F.3d 640 (4th Cir. 2007), however, the Fourth Circuit Court of Appeals recently recognized an exception to this requirement when the termination and replacement decisions were made by different people. Nexsen Pruet
May 07, 2007 On Friday , May 25, President Bush signed new minimum-wage
legislation which Congress passed a day earlier. The federal
minimum wage (currently $5.15 per hour) will rise in three
steps as follows: Fisher & Phillips, LLP
May 30, 2007 On April 17, 2007, the Treasury Department released final
regulations interpreting the nonqualified deferred compensation
requirements of Section 409A of the Internal Revenue Code.
Nonqualified deferred compensation that fails to satisfy the requirements
of Section 409A is subject to punitive tax treatment and penalties. Fisher & Phillips, LLP
May 16, 2007 Violations of the wage and hour provisions of the Fair Labor Standards Act (FLSA) and analogous state statutes are the single largest liability exposure for employers. Since 1997, wage and hour litigation has tripled while most other employment litigation has stabilized or declined. More wage and hour collective/class actions have been filed in recent years than all other types of employment class actions combined. Hope is not lost, however. Employers can take steps to avoid – or at least mitigate – wage and hour violations and resulting litigation. Fredrikson & Byron, P.A.
May 04, 2007 An employee’s Internet usage, whether at home or
at work, has the potential to expose the employer to
legal claims, including sexual harassment, hostile work
environment and defamation. Vedder Price
May 02, 2007 Earlier this week, the U.S. Supreme Court declined to disturb a ruling by the Third Circuit Court of Appeals in the interesting Americans With Disabilities Act (ADA) case of Taylor v. USF-Red Star Express, Inc. Helms Mulliss & Wicker
May 18, 2007 Do you worry that your company may be violating one or more employment laws simply because you are unaware of a legal requirement? Or, are you concerned that you have not properly implemented one of the many employment law requirements? In either case, you are not alone. Fredrikson & Byron, P.A.
May 04, 2007 In a new Enforcement Guidance issued by the EEOC, employers are made aware of the various ways in which Title VII or the ADA may be violated by actions (and reactions) toward employees and applicants seeking to balance work and family obligations. In addition, the EEOC advocates flexible workplace policies and practices, designed to make it easier for employees to strike this balance. Buchanan Ingersoll & Rooney PC
May 24, 2007 In reductions in force (RIFs), most employers offer terminating employees extra pay in return for agreements releasing legal claims. The extra pay helps workers transition to new employment; the releases enable the employer to move forward without the risk of costly and distracting RIF-related litigation. In recent cases, however, RIF-ed employees have convinced federal courts to invalidate their release agreements. Fisher & Phillips, LLP
May 29, 2007 Does a charge nurse’s seizure disorder compromise patient safety? Can a nurse with a two-pound lifting restriction perform the essential duties of her job? These questions and others like them often arise in the healthcare industry and the wrong answer could trigger liability not only under the Americans with Disabilities Act (ADA), but also under the Family and Medical Leave Act (FMLA). Fisher & Phillips, LLP
May 04, 2007 |
1. Employers Must Comply With State Laws on Meal Breaks, Rest PeriodsCalifornia employers must furnish employees with both rest periods, which are paid, and meal periods, which are not paid. These requirements first appeared in the Industrial Welfare Commission's Wage Orders in 1916. But in 2000, the Legislature imposed on employers significant financial consequences for failure to comply with rest and meal period laws. Shaw Valenza LLP
May 08, 2007 Making Washington the second state to mandate paid family leave, Governor Christine Gregoire has signed a bill directing an as yet undesignated state agency to establish and administer the family leave insurance program slated to begin on October 1, 2009. Under the new law, approved on May 8, 2007, employees in the state are entitled to up to five weeks' paid family leave "because of the birth of a child of the employee and in order to care for the child," or "because of the placement of a child with the employee for adoption." The law also provides certain employees with re-employment after taking leave. Jackson Lewis LLP
May 16, 2007 Contractors, subcontractors and other companies engaged in construction work and related transportation activities in Illinois should prepare themselves for the impact that House Bill 1795 (Osterman, D-Chicago) may have on their operations. Now pending before the Illinois General Assembly, HB 1795 proposes a new state law, the Employee Classifi cation Act. As of this writing, the bill is expected to pass and be signed by the governor, with an effective date of January 1, 2008. If enacted, the bill will dramatically change how many companies utilize independent contractors in Illinois. Vedder Price
May 08, 2007 A new act broadly redefining "disability" under Washington state law will have the likely effect of requiring employers to treat nearly all medical conditions as a disability. Jackson Lewis LLP
May 17, 2007 California's highest court is expected to hear, in the next few weeks, oral argument in three cases with far-ranging implications for employers. Here is a brief overview of the cases and what the outcomes could mean to employers. Jackson Lewis LLP
May 24, 2007 Competitors are generally free to pursue the at-will employees of other companies, provided they avoid the misappropriation of trade secrets or other unlawful conduct. Littler Mendelson, P.C.
May 08, 2007 Recent legislation in Oregon and Washington will have a major
impact on all Northwest employers, and there are likely more
changes on the immediate horizon. This Legal Alert will point
out the most significant changes to the law in both states. Fisher & Phillips, LLP
May 25, 2007 A recent decision by a California Court of Appeal demonstrates the importance of ensuring that employee leave requests are handled by one central manager who is well trained on the laws (both federal and state) governing such requests. In Faust v. California Portland Cement Company (5/10/07), the Court of Appeal reversed summary judgment in favor of the employer and reinstated the employee’s claims, based on the employer’s failure to provide the employee with notice of his rights under the California Family Rights Act (CFRA). Ford & Harrison LLP
May 22, 2007 Is Washington State setting a new nationwide trend for tightening the reigns on employers' use of credit information in making employment decisions? Jackson Lewis LLP
May 04, 2007 As anyone paying attention to the news is aware, immigration is a politically charged and volatile issue. Employers as a result must sort through a morass of laws and regulations. There are specific laws and procedures applicable to the employment of non-citizens. It is illegal to employ and retain aliens who are unauthorized to work. Shaw Valenza LLP
May 29, 2007 |
|
Employment Law Seminars
|
Federal Article Feeds 
Lawyers for Employers