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Labor & Employment Law Updates

Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 23, 2013

Baker & McKenzie Australia

New Employer Sanctions Framework - Immigration: Baker & McKenzie

by Rita Chowdhury, Samantha Healey | Baker & McKenzie Australia on 5/23/2013

Effective 14 March 2013, the Australian Government has introduced several changes to the existing employer sanctions framework in response to what was termed as an ineffective regime with very little enforceability....more

Gilbert LLP

A Recent Development in “Wage and Hour” Insurance

by Rachel Kronowitz, Jason Rubinstein | Gilbert LLP on 5/23/2013

In our August 1, 2012 blog entry titled “Insurance Coverage for Wage and Hour Litigation Claims,” we discussed the recent surge in wage and hour litigation and the potential for insurance coverage related to wage and hour...more

Miller & Martin PLLC

A Wolf at the Door: Could a Labor Union Encourage Your Employees to Ask OSHA to Inspect Your Non-Union Facilities – Then...

by Michael Mallen, William G. Trumpeter | Miller & Martin PLLC on 5/23/2013

Under the National Labor Relations Act (NLRA), absent a few highly unusual situations, a non-employee union representative can be denied access to an employer’s property at any time. Workplace inspections conducted by OSHA...more

Proskauer - ERISA Practice Center

Sixth Circuit: Plan Fiduciary Reasonably Relied On Benefit Calculations In Communicating To Participant

by Jacklina Len | Proskauer - ERISA Practice Center on 5/23/2013

The Sixth Circuit recently rejected a participant’s claim that a benefit estimate should override the specific benefit promised under the terms of the plan. In Stark v. Mars Inc., No. 12-3956, 2013 WL 1908889 (6th Cir. May 9,...more

LXBN

Failed Unpaid Intern Class Action Hints at Impact of Comcast v. Behrend [Video]

by LXBN on 5/23/2013

It seems like have year has its definining Supreme Court class action suit—and this year it is Comcast Corp. v. Behrend. The ruling, which came down just a few weeks ago, makes it considerably more difficult for to certify...more

McDermott Will & Emery

Employers With Share Option Schemes Take Note…

by Richard Cook, James Ross | McDermott Will & Emery on 5/23/2013

A recent decision of the United Kingdom’s First Tier (Tax) Tribunal has provided a timely reminder of the importance for employers of notifying their employees of the requirement to promptly reimburse the employer for income...more

Manatt, Phelps & Phillips, LLP

Employment Law -- May 22, 2013

by Manatt, Phelps & Phillips, LLP on 5/23/2013

Welcome to the first installment of our bi-monthly employment newsletter. Every two weeks we will highlight recent court decisions and upcoming legislation that impact California employers. We hope you will find the content...more

Proskauer Rose LLP

Washington State Joins Trend of New Social Media Laws

by Katharine Parker, Daniel Saperstein | Proskauer Rose LLP on 5/23/2013

On May 21, 2013, Washington's governor signed SB 5211 into law, making Washington the latest state to prohibit employers from requiring or requesting that prospective and current employees disclose their username and password...more

FordHarrison

Legal Alert: Minnesota Court Upholds Principle That Married Employees May Lawfully Sleep With The Enemy

by Adam Klarfeld | FordHarrison on 5/23/2013

Your friends may refuse to hang out with you because of your spouse, but in Minnesota, your employer generally cannot....more

Franczek Radelet P.C.

Illinois Department Of Labor Issues Guidance On Applicability Of Prevailing Wage Act To Landscaping Work

by Scott R. Metcalf | Franczek Radelet P.C. on 5/23/2013

Determining whether the Prevailing Wage Act applies to certain components of a public works project often requires a fact-specific analysis. ...more

Orrick - Global Employment Law Group

Do as I Say, Not as I Do: Differences in Duties Means No Commonality, No Class Certification for Unpaid Interns

by Brooke Arena, Rachel Muoio, Julie Totten | Orrick - Global Employment Law Group on 5/23/2013

As employers welcome a new group of eager interns to their offices this summer, employers may be thinking about the recent wave of class action lawsuits alleging that unpaid internships violate minimum wage and overtime laws....more

Proskauer - Government Contractor Compliance...

Goodwill Industries and OFCCP Settle Reverse Sex Discrimination Findings

by Matt Nusbaum | Proskauer - Government Contractor Compliance... on 5/23/2013

The Department of Labor announced that Goodwill Industries, best known for their donation centers and retail stores, has agreed to settle allegations of systemic discrimination stemming from Goodwill’s selection practices....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Worker Classification Audits—Risks And Relief Options

by Vicki M. Nielsen | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/23/2013

The battle between the Internal Revenue Service (IRS) and taxpayers continues over independent contractor treatment. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Settles Sex Harassment and Retaliation Suit Against Grace Church and Episcopal Diocese of L.I.

by U.S. Equal Employment Opportunity Commission... on 5/23/2013

Suit Charged That Interim Rector Subjected Women to Groping and Sexual Remarks - NEW YORK - Grace Episcopal Church of Whitestone, Inc., a parish of the Episcopal Diocese of Long Island, will pay $192,500 to settle a...more

Leonard, Street and Deinard - Employee...

Labor Proposes Required Lifetime Income Estimates On 401(k) Benefit Statements

by Jeffrey P. Cairns | Leonard, Street and Deinard - Employee... on 5/23/2013

Congressional hearings on the status of the Social Security system and studies on workers’ retirement readiness have sparked interest in lifetime income solutions from defined contribution plans. ...more

Hopkins & Carley

Employment Law Advisory for May 22, 2013: What Does it Mean to Pay an Exempt Employee on a “Salary Basis”?

by Hopkins & Carley on 5/23/2013

Most California employers understand that only certain employees are “exempt” from overtime pay requirements. However, most employers are not fully aware of how their pay practices may inadvertently destroy an employee’s...more

Epstein Becker & Green, P.C.

OIG's Special Advisory Bulletin on the Effect of Exclusion—Continuing the Focus on Individual Accountability

by George Breen, Jonah Retzinger, Carrie Valiant | Epstein Becker & Green, P.C. on 5/23/2013

On May 8, 2013, the U.S. Department of Health and Human Services' Office of Inspector General ("OIG") released an Updated Special Advisory Bulletin on the Effect of Exclusion from the Participation in Federal Health Care...more

Thomas Fox

Getting Employees To Care About A Compliance Policy

by Thomas Fox on 5/23/2013

Putting a compliance policy into practice is not something that most companies do very well. How do you get buy-in for a new or amended compliance policy? ...more

XpertHR - Partnered with LexisNexis

Minnesota Legalizes Same-Sex Marriage

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 5/23/2013

On May 14, 2013 Minnesota became the 12th state to legalize same-sex marriage. +2013 Bill Text MN H.B. 1054....more

Michael Volkov

Conducting Audits: Financial And Compliance Teams

by Michael Volkov on 5/23/2013

Companies with existing compliance programs are starting to focus on the importance of monitoring, auditing and improving their compliance programs....more

U.S. Equal Employment Opportunity Commission...

EEOC's Birmingham Office and Mexican Consulate Sign Historic Outreach Agreement

by U.S. Equal Employment Opportunity Commission... on 5/23/2013

Agreement Establishes Ongoing Collaborative Relationship to Combat Discrimination - JACKSON, Miss. - The Birmingham District of the U.S. Equal Employment Opportunity Commission (EEOC) will sign a Memorandum of...more

Bloomberg Law

Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail [Video]

by Bloomberg Law on 5/23/2013

May 23 (Bloomberg Law) -- While failed law firms make for notoriously difficult bankrupty cases, Dewey & LeBoeuf's time in bankruptcy court was quicker and easier than other notable law firms. Joe Samet, head of restructuring...more

Skadden, Arps, Slate, Meagher & Flom LLP

"HMRC Turns Up the Pressure on UK LLPs"

by James Anderson, Chris Hutley-Hurst | Skadden, Arps, Slate, Meagher & Flom LLP on 5/22/2013

Following the announcement in Budget 2013, HM Revenue & Customs (HMRC) issued a consultation document on May 20, 2013 that focuses on two areas of partnership taxation where HMRC perceive “unintended inconsistencies”...more

Proskauer - Whistleblowing & Retaliation

Law360 Quotes Lloyd Chinn on the U.S. Supreme Court’s Granting of Certiorari in Lawson

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/22/2013

In a Law360 article (subscription required) today, Lloyd Chinn, Co-head of Proskauer’s Whistleblower & Retaliation Group, commented on the U.S. Supreme Court’s decision to hear its first-ever whistleblower case under the...more

Morgan Lewis

Texas Enacts Uniform Trade Secrets Act

by Erin Leu, Ronald Manthey, Paulo McKeeby | Morgan Lewis on 5/22/2013

New statute aims to promote favorable business climate and may provide broader protection of information under Texas law. On May 2, Texas Governor Rick Perry signed the Texas Uniform Trade Secrets Act (Texas UTSA) into...more

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