Military Law, Labor & Employment Law, Civil Rights

DOL Issues Final Regulations Implementing the 2009 FMLA Amendments

by Lavon Ammori, Megan Norris | Miller Canfield on 5/17/2013

The Family and Medical Leave Act (FMLA) regulations issued by the Department of Labor (DOL) in 2009 addressed the new military leave requirements established in the National Defense Authorization Act for Fiscal Year 2008 (FY...more

Legislation Roundup: Maryland General Assembly Mandates that Employers Provide "Light Duty" to Pregnant Disabled Women, Leave for...

by Joseph Harkins, Steven E. Kaplan | Littler on 5/17/2013

In May 2013, Governor Martin O'Malley signed three noteworthy statutes that will affect virtually every Maryland employer. Effective October 1, 2013, Maryland employers with 15 or more employees must provide their pregnant...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

11th Circuit Grounds U.S. Air Force Reservist’s USERRA Claim

by Michael Mattingly | Dinsmore & Shohl LLP on 4/26/2013

On April 5, 2013 the U.S. Court of Appeals for the 11th Circuit issued its opinion in Landolfi v. Melbourne1, holding that although an employee’s military service motivated the employer’s promotion decisions, his Uniformed...more

Be Aware of More Aggressive Enforcement of Equal Pay

by Renee Inomata | Burns & Levinson LLP on 3/1/2013

The Director of the Office of Federal Contract Compliance Programs (OFCCP), Patricia A. Shiu, just announced that prior voluntary guidelines and compliance standards for federal contractors and subcontractors to comply with...more

DOL Offers Guidance on FMLA Rights for Adult Children

by Anne Yuengert | Bradley Arant Boult Cummings LLP on 1/28/2013

All covered employers know that the FMLA entitles an eligible employee to take up to 12 weeks of unpaid, job-protected leave during a 12-month period to care for a “son or daughter” with a serious health condition. While most...more

Legal Alert: Department Of Labor Issues New Guidance Clarifying FMLA Qualifying Leave

by R. Michelle Tatum | FordHarrison on 1/25/2013

The Department of Labor (DOL) has clarified the definition of "son or daughter" to now permit an eligible employee to take leave under the Family and Medical Leave Act (FMLA) to care for an adult child who is incapable of...more

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

by Charlie Plumb | McAfee & Taft on 1/24/2013

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

Minnesota Approves Preferential Hiring of Veterans

by Dorraine Larison | Gray Plant Mooty on 1/23/2013

Here at The Modern Workplace, we have often cautioned employers to be very careful when hiring to avoid claims of discrimination. In particular, we have cautioned employers about using an employee’s class (such as gender,...more

The Department of Labor Provides Clarification as to When Employees Can Use FMLA Leave to Care for Adult Children

by Stacie L. Caraway | Miller & Martin PLLC on 1/22/2013

Regarding situation (1) above, the DOL states that although the 26 weeks of “injured service member care leave” can only be used once per service member for the same illness or injury, employees also would be eligible to use...more

Labor and Employment Observer 2012/2013

by David Barron, Jessica Corbett, Keenya Harrold, Kimya Johnson, Emily Miller, Olufeyikemi Obafemi, Jeffrey Pasek, Carrie Rosen, Michael Schmidt, Marcy Stras, George Voegele | Cozen O'Connor on 1/1/2013

In This Issue: - Message from the Chair - A Second Obama Administration’s Impact on Labor and Employment Issues - Will There be Comprehensive Immigration Legislation After the 2012 Presidential...more

Eighth Circuit Rules that Termination of Employment Can Be a Proper Reinstatement Under the Uniformed Services Employment and...

by George R. Wood | Littler on 12/12/2012

In Milhauser v. Minco Products, 2012 U.S. App. LEXIS 24938 (8th Cir. Dec. 5, 2012), the U.S. Court of Appeals for the Eighth Circuit ruled that reinstatement under the Uniformed Services Employment and Reemployment Rights Act...more

Employers of Veterans Have Until October 31, 2012 to File VETS-100 and VETS-100A Reports; Filing Deadline for EEO-1 Report Remains...

by XpertHR - Partnered with LexisNexis on 9/28/2012

Federal contractors that employ veterans have until October 31, 2012 to file the VETS-100 or VETS-100A report, thanks to a recent extension provided by the Veteran's Employment and Training Service (VETS) of the US Department...more

VETS-100/VETS-100A Report Filing Deadline Extended

by FordHarrison on 9/27/2012

Executive Summary: The Department of Labor's Veteran's Employment and Training Services (VETS) has announced that it is extending the deadline for the submission of VETS-100/VETS-100A reports from September 30 to October 31,...more

SuperVision Today - 3rd Quarter 2012

by Spilman Thomas & Battle, PLLC on 9/2/2012

In This Issue: - Notes from the Chair & Executive Editor - The Pessimist's Guide to Employment Litigation - USERRA: Employer Responsibilities to those Returning from Active Military Service - Expanding Waistlines,...more

USERRA: Employer Responsibilities to those Returning from Active Military Service

by Spilman Thomas & Battle, PLLC on 8/30/2012

As the U.S. involvement in conflicts around the world continues to draw down, hundreds of thousands of veterans are returning to the civilian work force. In fact, more than 100,000 troops are estimated to return to the...more

New Initiatives for Veterans Present Opportunities, Challenges for Employers

by FordHarrison on 6/21/2012

Executive Summary: The Obama Administration's recently issued policy directives and the issuance of new guidance documents by the Equal Employment Opportunity Commission (EEOC) suggest increased scrutiny on the part of the...more

New Guidance on Hiring and Managing Disabled Veterans

by Bradley Arant Boult Cummings LLP on 5/29/2012

With the troop drawdown and the long-anticipated end of American operations in Iraq and Afghanistan, employers will have a new labor pool: returning veterans, many of whom may be disabled. To assist employers and veterans...more

The Uniformed Services Employment and Re-employment Rights Act

by Dinsmore & Shohl LLP on 5/25/2012

The Uniformed Services Employment and Reemployment Rights (“USERRA"), 38 U.S.C. §4301 et seq., sets forth the rights and obligations of employees and employers with respect to military service leave. The Department of Defense...more

How Will You Welcome Home Our Veterans?

by Sands Anderson PC on 5/18/2012

On May 1, 2012, President Barack Obama made an unannounced visit to Afghanistan during which he and Afghan President Hamid Karzai signed the Strategic Partnership Agreement. The Agreement spells out the plan for the...more

Recent Guidelines for Employers of Active Duty & Veteran Service Members

by Nexsen Pruet, PLLC on 5/17/2012

With the recent drawdown of troops serving in Iraq and Afghanistan, many veterans will be leaving active military duty and returning to the U.S. workforce. The Equal Employment Opportunity Commission (EEOC) has issued timely...more

Department of Labor's OFCCP Postpones TRICARE Network Provider Compliance Reviews

by Bracewell & Giuliani LLP on 5/16/2012

The U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), the federal agency tasked with enforcing the affirmative action requirements of Executive Order 11246 and related federal statutes, is...more

Labor & Employment Law Update - May 2012

by Polsinelli on 5/14/2012

In This Issue: - EEOC Issues New Enforcement Guidance on the Use of Arrest and Conviction Records in Employment Decisions - Proposed Rule Amending the Family Medical Leave Act Regulations Would Provide Expanded...more

EEOC Issues ADA Guidance for Employers on the Rights of Veterans with Disabilities

by Katten Muchin Rosenman LLP on 3/14/2012

Each year, veterans leave the armed services and enter or re-enter the job market. The U.S. Equal Employment Opportunity Commission (the EEOC) estimates that 25% of veterans returning from the Middle East conflicts will have...more

EEOC Issues New Guidance Concerning Employing Disabled Veterans

by Proskauer Rose LLP on 3/13/2012

In light of the many veterans returning from service and seeking work in the private sector, the U.S. Equal Employment Opportunity Commission (EEOC) issued two new guidance documents focusing on employment rights of disabled...more

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Military Law › Labor & Employment Law › Civil Rights