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  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. NEW JERSEY Good News and Bad News: New Jersey Supreme Court Limits Scope of Continuing Violations Doctrine but Expands Post-Employment Retaliation Claims.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. PENNSYLVANIA Pennsylvania Issues Proposed Guidance On Employer Practice of Excluding Applicants from Employment Based on Criminal Convictions.Littler Mendelson, P.C. - January 29, 2010 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. NEW YORK Complying with NYSDOL's New Hire Wage Notices – The Saga Continues.Jackson Lewis LLP - January 29, 2010 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. CALIFORNIA California Supreme Court Rejects Attorney's Fee Award as Disproportionate in Limited Damages Case.Jackson Lewis LLP - January 28, 2010 In a unanimous decision, the California Supreme Court has held that a trial court may deny attorney’s fees in cases under the California Fair Employment and Housing Act (“FEHA”) where the compensatory damages award could have been recovered in a “limited civil case.” Chavez v. City of Los Angeles et al., No. S162313 (Cal. Jan. 14, 2009). ILLINOIS New Illinois Law Places Additional Obligations on Employers Using E-Verify.Vedder Price - January 25, 2010 Effective January 1, 2010, the Illinois Right to Privacy
in the Workplace Act (the “Act”) places new obligations
on employers using E-Verify. E-Verify is an electronic
employment eligibility verifi cation system operated
by the U.S. Department of Homeland Security (DHS).
E-Verify allows employers to electronically confi rm the
biographical and immigration data of their employees
utilizing DHS and Social Security Administration (SSA)
databases. Under this new law, Illinois employers must
complete additional attestations at the time of enrollment
in E-Verify and confi rm certain information on the Illinois
Department of Labor’s (IDOL) “E-Verify Employer
Attestation Form” (copy attached). Those employers
who have already enrolled in E-Verify must complete
the attestation form before January 30, 2010. CALIFORNIA PREGNANT PAUSE.Shaw Valenza LLP - January 20, 2010 Employees disabled by pregnancy are entitled to certain protections and benefits. The law in this area is not a model of clarity. To celebrate my law partner Jennifer Shaw's new baby, let us review California employment laws regarding pregnancy disability leave. (True, as a partner rather than an employee, Jennifer is entitled to virtually none of those rights. But as a fantastic rainmaker, lawyer, and person, she will probably be ok.)
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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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