The Equal Employment Opportunity Commission has issued
regulations implementing the Americans with Disabilities Act Amendments Act
(referred to as the ADAAA or the Amendments Act), providing further
interpretive guidance for the statutory amendments...
The New Jersey Law Against Discrimination, N.J.S.A. §§
10:5-1 - 10:5-30 (the "NJLAD"), bars all public and private employers from
paying unequal wages on the discriminatory basis of, among other protected
characteristics, age or...
On March 29, 2011, the Sixth Circuit decided Hoffman
v. Solis , Case No. 08-4128, a retaliation case brought after a pilot was
allegedly denied a promotion in response to his safety complaints. Mark Hoffman
claimed NetJets Aviation, Inc. violated the...
Days after Wisconsin Gov. Scott Walker (R) signed the
bill that had cast Madison into a state of chaos for weeks, the battle over
public employee union power shifted to the state's courts. And the workers won
the first skirmish, when Dane County...
Wisconsin's lead, Ohio's Republican-controlled Legislature passed a bill last
week curbing the power of public employee unions. The Ohio measure - SB 5 -
actually goes further than the one in Wisconsin by not exempting police
With a new General Counsel's Memorandum, the NLRB has
increased the autonomy of Regional Offices to seek remedies against Employers
in "first contract" charges. On February 18, 2011, Acting General Counsel Lafe
E. Solomon issued memorandum...
Editor: Heath H. Galloway
Facebook is everywhere, and its implications for
employers can be maddening. It is one thing to prevent your employees from
using Facebook while they are at work, but what control do you have over what
your employees say on...
by Arthur Silbergeld and Jessica Boar of Bingham McCutchen
Counsel for Plaintiffs' time before the Supreme Court during
oral argument on Tuesday morning probably felt more like years than an
hour. The Court pounded Plaintiffs'
In this Emerging Issue
Analysis, labor law expert N. Peter Lareau traces the history of the
development of the Board's deferral policy before analyzing the changes to be
wrought under the Acting General Counsel's new litigation policy. The EIA...
The final regulations and
accompanying interpretive guidance implementing the Americans with Disabilities
Act Amendments Act (ADAAA) were issued today by the Equal Employment
by the EEOC , the ADAAA:
Much has been written (including by me) on the topic of
how to distinguish an independent contractor from an employee. I have also
written about the importance of "work for hire" or "freelancer" agreements when
working with independent...
WASHINGTON, D.C. - (Mealey's) The Fair Labor
Standards Act's anti-retaliation provision applies to complaints that are filed
orally and written, the U.S. Supreme Court majority ruled Mar. 22 ( Kevin
Kasten v. Saint-Gobain Performance Plastics...
An amendment to the Fair Labor Standards Act included in
the recent Health Care reform law imposes a new requirement on the workplace.
Employers must now provide "reasonable" unpaid breaks to nursing mothers in the
first year after birth...
On this edition, Darrell R. VanDeusen of Kollman & Saucier, P.A. in Timonium, Md. discusses legal restrictions on electronic communications and social media in the employment arena, recent caselaw, and what is different about the private sector. He...
On March 1, 2011, the Supreme Court ruled in Federal
Communications Commission v. AT&T Inc., Case No. 09-1279, that corporations
do not have "personal privacy" under Exemption 7(C) to the Freedom of
Information Act ("FOIA"). Exemption...
Twelve states have laws granting collective bargaining
rights only to certain groups of workers, such as teachers or firefighters,
according to a 2002 U.S. GAO report. Twelve others have no laws guaranteeing
collective bargaining rights for any public...
Republican lawmakers in two of the states at the center
of the conflict over union rights conceded a bit of ground a couple of weeks
ago. But the high-stakes battle in those states and elsewhere is far from over.
On Feb. 23, Republicans in the Ohio...
The Supreme Court ruled in Staub v. Proctor Hospital that
an employer may be liable for the discriminatory animus of a supervisor who did
not participate in an adverse employment decision if the supervisor's animus is
a proximate cause of the adverse...
New Jersey's entire controversy doctrine generally
requires that a defendant assert in the same lawsuit any claims arising out of
the same transaction or occurrence that is the subject of an adversary's
lawsuit. If a defendant fails to assert...
A. Martin and Krista N.
You may recall that last November we told you about the
Connecticut employer who faced NLRB charges for firing an employee who posted
derogatory comments about the company on Facebook ( http://www.bullivant...
H. Salgado , Kyle D.
As the world economy expands with increasing global connections,
we find that more and more of our clients operate in foreign locations or hire
foreign workers. There are a number of statutes and rules to be...
WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment...
by Dawn Lurie and Kevin Lashus
Attorneys from Greenberg
Traurig's Business Immigration & Compliance practice group have written a
piece on what the costs are of using E-Verify to check whether employees are
permitted to work in this country...
The anti-retaliation provision of Title VII of The Civil
Rights Act of 1964, as amended ("Title VII") prohibits an employer from
"discriminat[ing] against any of his employees . . . because he has made a
charge" under Title VII...
by Mark Smith, Dan
Buchner, and Jamey Medlin
The U.S. Department of Labor (DOL) recently issued three
advisory opinions considering fiduciary or prohibited transaction issues
arising in the management of ERISA plans.