Labor & Employment Law

DOL Releases Exchange Notice Guidance and Model Notices

by Dennis R. Bonessa, John D. Martini, Rachel Cutler Shim, Allison Warden Sizemore | Reed Smith on 5/17/2013

On May 8, the Department of Labor ("DOL") issued guidance regarding the requirement that employers provide notice to employees describing the coverage options available under Health Insurance Marketplaces (formerly known as...more

Don't Forget About GINA

by Miller & Martin PLLC on 5/17/2013

In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of other federal and state laws, the EEOC's simultaneous filing and settlement...more

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health...

by Jessica Kracl, Sheva J. Sanders | Leonard, Street and Deinard on 5/17/2013

On May 8, 2013, the U.S. Department of Health and Human Services Office of the Inspector General (OIG) issued an updated Special Advisory Bulletin on the effect of exclusion from participating in federal health care programs....more

California Courts Issue Multiple Decisions for Employers in Class Cases

by Greg Mersol | BakerHostetler on 5/17/2013

Just two years ago, a California case declining certification of an action would have been cause for comment. But since then, in 2011 the United States Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541...more

New OSHA Hazard Communication Standard Requires Re-labeling Employee Training and Other Steps

by Reed Smith on 5/17/2013

Chemical manufacturers, distributors and employers of all types need to take note of new Occupational Safety and Health Administration (OSHA) requirements contained in OSHA’s recently modified hazard communication standard...more

Model Notices Issued To Meet Affordable Care Act Requirements – Notices Must Be Issued By October 1, 2013

by Andrew E. Graw | Lowenstein Sandler LLP on 5/17/2013

On May 8, 2013, the U.S. Department of Labor (DOL) issued guidance and model forms to assist employers in fulfilling their obligations under the Affordable Care Act (ACA) to notify employees of the availability of health care...more

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

by R. Scott Adams | Spilman Thomas & Battle, PLLC on 5/17/2013

Last month, the United States Supreme Court (Supreme Court) provided an unexpected gift to entities facing collective actions under the Fair Labor Standards Act (FLSA) by holding that defendants may moot such a case by making...more

6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD...

by Gabriel Baker, Steve Jensen, D. Michael Reilly | Lane Powell PC - ERISA Law on 5/17/2013

In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME...more

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

by Doug Hass, Christopher A. Johlie | Franczek Radelet P.C. on 5/17/2013

In late January, the D.C. Circuit ruled in Noel Canning that President Barack Obama’s January 2012 recess appointments of Members Richard Griffin, Terrence Flynn (who has since resigned), and Sharon Block to the National...more

Electronic I-94s Are Here: Key Information for Travelers and Employers

by Duane Morris LLP on 5/17/2013

On April 30, 2013, U.S. Customs and Border Protection (CBP) began rolling out its new electronic I-94 system. By the end of May, paper I-94s will be eliminated for all foreign national travelers, except those entering at land...more

Finale

by Brian J. Kurtz | FordHarrison on 5/17/2013

Litigation Value: Bless your heart if you’re still keeping track at this point. This blog has always focused on bad behavior. We tease out employment law issues by writing about the characters who do things in the...more

Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions [Video]

by LXBN on 5/17/2013

Not too long ago, Yahoo! CEO Marissa Meyer came under scrutiny for her less-than-progressive policy banning working remotely. Oh, how things have changed as just recently she and the company have received praise for their new...more

IRS, Treasury Department Issue Proposed Rules Governing Minimum Value, Affordability, and Wellness Programs

by Alden J. Bianchi | Mintz Levin - Employment, Labor & Benefits on 5/17/2013

A key policy goal of the Patient Protection and Affordable Care Act (the “Act”) is the expansion of health insurance coverage to all Americans. The concepts of “minimum value” and its correlate “actuarial value” speak to the...more

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

by Adam S. Forman, David G. King | Miller Canfield on 5/17/2013

“Likes,” “tweets,” “hashtags,” and “wall posts” are all words that have quickly entered our lexicon through the continuing explosion of growth that is social media....more

Egg Giant National Food to Pay $650,000 To Settle EEOC Sexual Harassment Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Employer Failed to Stop Supervisor's Sexual Demands, Retaliated Against Workers Who Spoke Out, Federal Agency Charged - SEATTLE - National Food Corporation, a major supplier of eggs to the Pacific Northwestern and...more

Your Immigration Action Newsletter: May 17th, 2013

by Cozen O'Connor on 5/17/2013

Now that the bipartisan Senate Gang of Eight’s bill (S. 744) has been introduced we are monitoring the legislative process very closely. As you know, next week, the Senate Judiciary Committee will continue to introduce and...more

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

by Christopher M. Trebilcock | Miller Canfield on 5/17/2013

A record-high 7,064 Fair Labor Standards Act (FLSA) suits were filed in federal court during the year-long period ending March 31, 2012, according to figures from the Federal Judicial Center. This follows the decade-long...more

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/17/2013

As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws. The contractors were ordered to pay over...more

No Surprises in Senate Committee Hearing on NLRB Nominees

by Ronald Meisburg | Proskauer - Labor Relations on 5/17/2013

There were no real surprises at today’s Senate HELP Committee’s hearing on President Obama’s five NLRB member nominees. The Senate Committee members agreed that the nominees were well qualified for the jobs, and thanked them...more

Michigan Becomes the 24th “Right-To-Work” State

by Douglas Callander, Charles Oxender | Miller Canfield on 5/17/2013

On March 27, 2013, the “right-to-work” bills, SB 116, now known as Public Act 348 of 2012 and HB 4003, now known as Public Act 349 of 2012, became effective. Also called Michigan’s “Freedom-To-Work” laws, the statutes make it...more

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

by Matthew J. Kelley | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

Today, in a 102-page decision, the Third Circuit Court of Appeals dealt the National Labor Relations Board (NLRB) a significant blow and gave employers another victory in their attempts to have President Obama’s recess...more

EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

by Melissa A. Silver | XpertHR - Partnered with LexisNexis on 5/17/2013

The Equal Employment Opportunity Commission (EEOC) has reached a settlement in its first lawsuit filed alleging that an employer violated the Genetic Information Nondiscrimination Act (GINA), the federal law that prohibits...more

Investment Management Legal + Regulatory Update -- May 2013

by Luke T. Bagley, Jay G. Baris, Thomas M. Devaney, Kelley A. Howes, Robert E. Putney, III, Isabelle Sajous | Morrison & Foerster LLP on 5/17/2013

In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in...more

Can I Report My Company For Failure to Carry Workers Comp Insurance?

by Hoffman DiMuzio on 5/17/2013

You have discovered that your employer is not living up to its legal obligation to carry workers’ compensation insurance. Can you report them? Are there penalties they will face? Can you report your company anonymously?...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

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Labor & Employment Law Updates

DOL Releases Exchange Notice Guidance and Model Notices

Don't Forget About GINA

Health Law Alert: OIG Issues Updated Special Advisory Bulletin On The Effect Of Exclusion From Participation In Federal Health...

California Courts Issue Multiple Decisions for Employers in Class Cases

New OSHA Hazard Communication Standard Requires Re-labeling Employee Training and Other Steps

Model Notices Issued To Meet Affordable Care Act Requirements – Notices Must Be Issued By October 1, 2013

Pick Off the Plaintiff? Rule 68 Offers of Judgment Gain Significant Importance Following New Supreme Court Decision

6th Circuit: Plan Administrators are NOT Necessarily Required to Obtain Vocational Evidence or an IME Before Making their LTD...

Third Circuit Invalidates President Obama’s Appointment Of Former NLRB Member Becker; Becomes Second Appellate Court To Rule NLRB...

Electronic I-94s Are Here: Key Information for Travelers and Employers

Finale

Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions [Video]

IRS, Treasury Department Issue Proposed Rules Governing Minimum Value, Affordability, and Wellness Programs

Hey Employers: Employee Social Media Passwords are (Mostly) None of Your Business (Not that You’ve Been Inquiring)

Egg Giant National Food to Pay $650,000 To Settle EEOC Sexual Harassment Lawsuit

Your Immigration Action Newsletter: May 17th, 2013

Three Critical Steps Employers Can Take to Reduce Wage-and-Hour Liability

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

No Surprises in Senate Committee Hearing on NLRB Nominees

Michigan Becomes the 24th “Right-To-Work” State

Third Circuit Sides With D.C. Circuit’s Determination That Recess Appointments Are Unconstitutional

EEOC Is Making Good On Its Promise To Persecute Genetic Discrimination

Investment Management Legal + Regulatory Update -- May 2013

Can I Report My Company For Failure to Carry Workers Comp Insurance?

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions [Video]

Expand Your Reach