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Listed below are the five most current articles added to our Federal and State databases.
  The Risk of Automatically Terminating Employees After Leave Expires.Young Conaway Stargatt & Taylor, LLP - February 09, 2010 The EEOC published a press release a few days ago about the distribution of a $6.2 million settlement it had reached with Sears, Roebuck & Co. The lawsuit had been filed in November 2004 in federal court in Chicago. The consent decree was entered and publicized on September 29, 2009 as the largest ADA settlement in a single case in EEOC history. EMPLOYEE BENEFITS New Notice Requirement of Group Health Plan Sponsor CHIPRA Premium Assistance.Jackson Lewis LLP - February 09, 2010 The Children’s Health Insurance Program Reauthorization Act of 2009 (“CHIPRA”) imposes certain notice requirements on employers maintaining group health plans. Under CHIPRA, beginning in April 2009, employers sponsoring group health plans must provide notice of the new special enrollment rights CHIPRA affords. IMMIGRATION H-1B Filing Season to Open April 1, 2010.Elarbee, Thompson, Sapp & Wilson, LLP. - February 09, 2010 The filing season for the Fiscal Year 2011 H-1B quota is at hand. Despite the sluggish economy, analysts are predicting positive growth in employment during the course of the year. Thousands of new H-1B cases will be filed on April 1, 2010. Employers need to project their labor needs for the coming year and position themselves to take advantage of the new H-1B quota. FLSA and WAGE & HOUR New Guidance Regarding Penalties for Child Labor Violation.Ford & Harrison LLP - February 09, 2010 The Department of Labor Wage and Hour Division has issued a Field Assistance Bulletin that provides guidance that employers can use to determine when they can expect to be subject to child labor civil money penalties under the Fair Labor Standards Act (FLSA) and how much they can expect to pay. The Bulletin also addresses the Child Labor Enhanced Penalty Program (CLEPP) created by the Wage and Hour division to incorporate changes made by the Genetic Information Nondiscrimination Act (GINA) to the FLSA's child labor penalty provisions. EMPLOYEE BENEFITS DOL Publishes Model CHIP Notices for Eligibility for Premium Assistance Under Medicaid or the Children's Health Insurance Program.Ford & Harrison LLP - February 09, 2010 As previously discussed in our February 17, 2009 Legal Alert, President Obama signed into law the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA). Among other things, CHIPRA requires that employers inform each employee of potential opportunities currently available in the State in which the employee resides for group health plan premium assistance under Medicaid and the Children's Health Insurance Program (CHIP). These notices are referred to as Employer CHIP Notices.  Federal Court Adopts Broad Scope for Claims under New York State and City Human Rights Laws.Jackson Lewis LLP - February 09, 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. CALIFORNIA California Employers Required to Provide Another Protected Leave of Absence.Jackson Lewis LLP - February 08, 2010 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. CALIFORNIA Wrongful Termination Update Employee Protected From Termination After Making False Overtime Claim.Barker Olmsted & Barnier - February 05, 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. NEW YORK Responding to the Expanding City and State Human Rights Laws.Littler Mendelson, P.C. - February 04, 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. NEW JERSEY New Jersey eAuthority (February 2010).Ogletree Deakins - February 02, 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.
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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 EmployeesPhiladelphia
February 9, 2010 LittlerSocial Media & HR (Delaware SHRM)Wilmington
February 9, 2010 Young ConawayCombatting Quickie ElectionsWebinar
February 9, 2010 Ford & HarrisonThe Davis-Bacon Act: Federal Construction Prevailing Wage RequirementsWebinar
February 10, 2010 ConstangyThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 10, 2010 LittlerHR AcademyAtlanta
February 10 & 11, 2010 Fisher & Phillips2nd Annual Employment & Labor LawWashington
February 11-12, 2010 Marcus Evans2010 Brings Many Important Changes to Workplace Laws – California LocationsLa Jolla
February 11, 2010 Fisher & PhillipsThe 2009-10 Legislative & Case Law UpdateDiamond Bar
February 11, 2010 Littler |
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