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Listed below are the five most current articles added to our Federal and State databases.
  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.  New York Employers Must Provide New Hires Prescribed State Labor Department Wage Notification Form.Jackson Lewis LLP - November 06, 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. CALIFORNIA Grocer Liable After Uninformed Supervisor Fails To Provide Accommodation To Disabled Employee.Barker Olmsted & Barnier - November 05, 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. CALIFORNIA California Labor And Employment Legislation Fizzles In 2009.Barker Olmsted & Barnier - November 05, 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. NEVADA Nevada Rejects Wrongful Discharge Action by Employee Seeking to Unionize Workers.Jackson Lewis LLP - October 30, 2009 Affirming summary judgment in favor of the employer, the Nevada Supreme Court has declined to recognize a cause of action for wrongful discharge asserted by an employee seeking to organize his fellow workers. Ozawa v. Vision Airlines Inc., Nos. 49435 & 49660 (Nev. Oct. 1, 2009). Because the employee had an alternate remedy under the federal Railway Labor Act (“RLA”), the Court declined to recognize a new exception to Nevada’s at-will employment rule. OHIO Ohio Supreme Court Avoids Deciding Whether Women Must be Given Lactation Breaks.Jackson Lewis LLP - October 29, 2009 Deciding that an employer terminated an employee for unauthorized breaks, and therefore upholding summary judgment for the employer, the Supreme Court of Ohio has avoided answering the question whether Ohio’s fair employment practice law prohibits an employer from discriminating against a female employee because of or on the basis of lactation.
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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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