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Texas Court Puts a Halt on DOL Enforcement of the New FMLA Rule Extending Leave Rights to Same-Sex Couples

A federal judge in Texas granted an injunction on Thursday that (for the time being) has stopped enforcement of the DOL’s final rule regarding the definition of spouse. Under the new rule, which was scheduled to take effect...more

Tennessee General Assembly Settles Debate Over Guns-in-Parking-Lots Law

We’ve previously written about the well-publicized guns-in-parking-lots law and the confusion over whether the law impacts the employer-employee relationship. The law was passed in 2013 to allow employees with handgun carry...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

Tennessee Legislature Approves New Employment Protections for Handgun Owners

On March 23, 2015, members in both houses of the Tennessee General Assembly voted overwhelmingly to pass new employment protections for handgun owners. The bill creates a private right of action for any employee who is...more

24 Months Through the Crystal Ball: Emerging Trends in State and Local Taxation (Part I)

For businesses operating across state lines, state taxation bears a resemblance to standing with one foot on each of two logs in a flowing river: even during calm periods, staying above water is a challenge. And these are not...more

What You Didn’t Say Can Be Used Against You in a Court of Law: Perceived Speech is Not Protected Speech

What some might charitably consider a loophole in First Amendment protections of public employees received deferential treatment recently by the Third Circuit. ...more

The Affordable Care Act Part Three – Upcoming Requirements & the Impact Recent Judicial Decisions Have on the ACA

This is the last of our three part series on the Affordable Care Act (“ACA” or “Act”), commonly known as “ObamaCare.” This post discusses upcoming requirements under the ACA and judicial decisions that have impacted or may...more

2015 Check-In — Have you updated your policies and documents?

Earlier this year, we posted a checklist outlining key issues and action items for compliance in 2015. With the first quarter coming to a close, we want to remind you of a few important items from that checklist that required...more

Crying Over (Virtual) Spilled Milk: ACLU Sues School District For Firing Employee Who Posted Vegan Beliefs Online

A recent lawsuit out of Ohio brings a local flare to what has otherwise become a relatively common story. We’ve all heard of teachers being disciplined or dismissed for posting something thoughtless online that led to...more

March 23, 2015 Marks the 5th Anniversary of the Affordable Care Act

On Tuesday, March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act into law. We want to take this opportunity to share with you some highlights of the past five years, and also to thank you for...more

Reed Smith's Government Contracts Weekly Rundown

1. COMMERCIAL CONTRACTING RULES APPLY TO FEDERAL SUPPLY SCHEDULES - On Tuesday, March 10, 2015, the Court of Appeals for the Federal Circuit reversed and remanded a decision by the Court of Federal Claims, which...more

Eighth Circuit Finds Former Employees Lack Standing To Challenge Employer’s New Arbitration Policy

What’s one way to derail a potentially large collective action about Fair Labor Standards Act violations? To implement a new arbitration policy within days, thereby ensuring that your current employees cannot join the court...more

Fifth Circuit: Hospital Enjoys Standing to Seek ERISA Benefits

The Fifth Circuit ruled that an out-of-network medical provider that was assigned a patient’s rights to health insurance benefits has standing to sue a health plan that underpays its portion of the benefits due even if the...more

FMLA Leave Extended to Legally Married Same-Sex Spouses

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expands coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

FMLA Rights Extend to Same Sex Spouses

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March...more

Redefining the Term "Spouse" Under the FMLA

For employers that operate in states that do not recognize same-sex marriage and for those that operate in multiple states, the Family Medical Leave Act's (FMLA) application to same-sex partners of employees has been a...more

Not following instructions will still get you fired, even when you engage in protected activity

In Meyers v. Eastern Oklahoma County Technology Center, the Tenth Circuit Court of Appeals upheld judgment for the employer even though the plaintiff had engaged in legally protected activity because she disregarded her...more

FMLA To Cover Legally Married Same-Sex Spouses Beginning Next Week: What This Means For Employers

Effective March 27, 2015, the U.S. Department of Labor’s regulations interpreting the Family and Medical Leave Act (“FMLA”) expand coverage to legally married same-sex spouses, even if the employee lives in a state that does...more

Attorney General Madigan and Labor Unions Defend Fair Share Fees

Over the past several weeks, Illinois’ largest labor unions and Attorney General Lisa Madigan took steps to defend “fair share” fees against Governor Rauner’s Executive Order suspending the collection of those fees, and his...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Supreme Court Update: Perez V. Mortgage Bankers ASS'n (13-1041), Dep't Of Transportation V. ASS'n Of American Railroads (13-1080)...

It's been a great week for admin-law junkies; maybe not so much for the D.C. Circuit, which suffered two unanimous reversals in Perez v. Mortgage Bankers Ass'n (13-1041) and Dep't of Transportation v. Ass'n of American...more

Federal FMLA in Flux: “Spouse” Revised and “Expired” Forms Revived

The U.S. Department of Labor’s (DOL) Wage and Hour Division announced a Final Rule revising the regulatory definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA). Effective March 27, 2015, the federal...more

Illinois Supreme Court Likely Poised to Strike Down Pension Reform Act

9684675705_4dda20b9d4_zThis afternoon, the Illinois Supreme Court heard oral argument on the biggest case on its civil docket, In re Pension Reform Litigation. In re Pension Reform Litigation involves the question of whether...more

New Rule Defining Spouse Under the FMLA - Becomes Effective March 27, 2015

The Department of Labor has enacted a final rule updating the regulatory definition of “spouse” under the FMLA. This rule will provide the same benefits to any employee in a legal same sex marriage, if the marriage was legal...more

New FMLA Regulations Will Affect Texas Employers

Texas does not recognize same sex marriage, so the natural thought would be to deny a request for an employee to take FMLA leave to care for his or her same sex “spouse” from a marriage in another state. ...more

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