Federal Employment Law Articles

Better Safe than Sorry: 5 Commonsense Considerations for Employers in the Face of the H1N1 Outbreak.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

Panic or pandemic? Right now, nobody can say for certain what course the H1N1 virus will take in the upcoming months. It may end up like the Bird Flu scare, having little discernible impact. Or, our worst fears may be realized with a widespread pandemic and disruption to our daily lives. One thing is certain, we are already feeling the effects with mass school closings, long lines for flu shots, and chaos in many pediatricians� offices.

Comment Period Open for Proposed Regs to the ADA Amendments Act of 2008.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

The U.S. Equal Employment Opportunity Commission (�EEOC�) and the U.S. Department of Justice (�DOJ�) will be hosting a town hall meeting in Chicago to invite comments on the proposed regulations to the ADA Amendments Act of 2008 found at www.eeoc.gov. The agencies are encouraging input on the regulations from the perspectives of both the business and disability advocacy communities.

Congress Expands FMLA - Again.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

For the second time in the last two years, Congress has expanded the scope of the Family and Medical Leave Act (�FMLA�). On October 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (the �Act�).

Defamation Lawsuits Remain a Concern for Employers.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

Although many employers today are warily watching the legislative horizon for laws creating new protected classes (sexual orientation, whistleblowers) and expanding limitations periods (Ledbetter), they would do well to remember that increasing numbers of employees are turning to defamation claims to redress damage allegedly done to their reputation by discipline and discharge decisions. Because these claims are often fi led in state court, where the judges are often more hesitant to grant summary judgment, the juries typically more generous, and the damages uncapped, there is signifi cant risk for employers.

Expanded Whistleblower Protections under the Amended FCA.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

With examples of corporate malfeasance dominating the news, blowing the whistle is more popular than ever. Retaliatory discharge lawsuits brought by whistleblowers, however, are nothing new. Such claims have an understandable jury appeal; nobody seems surprised that a company, or a rogue manager, strikes back after accusations of wrongdoing. Sound policies and conscientious compliance departments can go a long way towards minimizing liability for whistleblower claims.

Opening Pandora's Box: Employers and Social Networking Sites.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

As the law struggles to keep pace with the frenetic world of online networking, employers must be mindful of the risks they face by allowing employees to access social networking sites such as Facebook, Twitter and LinkedIn. Using these social networking sites to �check up� on an employee, identify or assess potential employees, or simply �friend� or link up with a subordinate entails risks.

Supreme Court to Hear Five Labor and Employment Cases.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

The United States Supreme Court began its latest term on October 5, with fi ve cases on its docket that will directly impact employers. Two of the cases deal with labor arbitration; a third deals with the degree of deference due an ERISA plan administrator; a fourth addresses the amount of time a plaintiff has to fi le a discrimination charge; and the fi nal one involves allegations of whistle-blowing and the attorney-client privilege.

The Independent Contractor Conundrum.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

As the recession lingers on, employers continue to search for ways to manage operating costs. One common (but increasingly risky) cost-cutting measure is the use of independent contractors in positions that are normally fi lled by employees.

Update on the Employee Free Choice Act.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

Although the contentious health care debate remains front and center�both in Congress and in the media�signifi cant labor law changes appear close at hand as well. Do not let the lack of headlines fool you�the Employee Free Choice Act (�EFCA�) remains a priority for the Obama administration and the Democratic-controlled Congress. Informed observers expect that EFCA will be the next hot-button issue taken up by Congress.

MORE CHANGES TO THE FMLA AND OTHER LEGISLATIVE DEVELOPMENTS.

elin@elinfonet.com (Employment Law Information Network) — Mon, 09 Nov 2009 00:00:00 EST

Just when employers were starting to get familiar with all of the recent changes to the Family and Medical Leave Act ("FMLA), last week President Obama signed into law yet another expansion of the FMLA military leave provisions. These changes are found in the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). The new law, which is effective immediately, expands the so-called "qualifying exigency" and "military caregiver" leave provisions under the FMLA.