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News & Analysis as of

Employers: Limit FMLA Liability by Making Them Pick Only One From the Menu

A recent federal appellate court decision illustrates how employees may limit their rights by affirmatively choosing to designate time-off as vacation time rather than as leave protected by the Family and Medical Leave Act...more

Fourth Circuit Lets Consumers Orally Dispute Validity of Debts

In a per curiam decision which vacated the lower court’s dismissal of a consumer class action under the federal Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Fourth Circuit, in a case of first...more

Using Biometrics In The Workplace

In the past, employees rarely objected to having their picture taken for the company’s identification badge. But in this age of technology allowing for facial recognition, photo “tagging,” finger or palm prints, and other...more

With The New Year Comes New Annual Notice Obligation For New York Employers

Between January 1 and February 1, 2014, all private employers must provide each of their New York employees a written notice containing detailed information regarding the terms and conditions of their employment....more

The Road Map to HIPAA Compliance: What Your Nonprofit Needs to Know

In this presentation: - Overview of HIPAA - Privacy Rule - Notice of Breach - Security Rule - Business Associates & Business Associate Agreements - Notice of Privacy...more

Supreme Court Allows Future Conditions to Be Used as the Baseline Under Limited Circumstances

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”). What is the baseline against which environmental impacts are measured? There has been...more

Several Lessons For Louisiana Royalty Owners

Ross et al v. Enervest Operating, L.L.C. et al has several teachable moments for Louisiana royalty owners. ...more

CEQA Challenge To Residential Development Project Was Time-Barred Because It Was Subject To 30-Day Statute Of Limitations

A challenge to a city’s approval of a residential development project was filed more than 30 days after the city approved the project. The trial court held that the California Environmental Quality Act (“CEQA”) challenge was...more

Legal Alert: OFCCP Removes CSAL Notice From Website

After briefly posting notices of the Corporate Scheduling Announcement Letters (CSAL) on its website on July 18, the Office of Federal Contract Compliance Programs (OFCCP) has now removed the posting....more

Expanded Exemption for Religious Employers Regarding Women's Contraceptive Services

The Patient Protection and Affordable Care Act requires non-grandfathered group health plans to cover preventive services at no cost. For women this includes all FDA-approved contraceptive methods, sterilization procedures,...more

Employers’ Affordable Care Act Notice Requirement Delayed

On January 24, 2013, the United States Departments of Labor, Health and Human Services, and the Treasury published a new installment of their “Frequently Asked Questions about Affordable Care Act Implementation” series. This...more

Borrower Can Sue After Three Years to Rescind Mortgage Loan, 3rd Circuit Rules

A borrower can bring a lawsuit seeking rescission more than three years after loan consummation as long as the borrower has sent a written notice of rescission within the three-year period, the U.S. Court of Appeals for the...more

Navigating Health Care Reform: Agencies Give Employers Additional Time to Send Health Benefit Exchange Notices

As reported in our November 12, 2012 End of Year Plan Sponsor “To Do” Lists, the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (collectively, the “Affordable Care...more

PPACA Update: Employers' Deadline To Provide Notice Of Health Care Exchanges Postponed

Late last week, the Departments of Labor, Treasury, and Health and Human Services issued a new Frequently Asked Question (“FAQ”) page addressing implementation questions under the Patient Protection and Affordable Care Act...more

Attention New York Employers: Pay Rate Notices Due by February 1, 2013

The New York State Wage Theft Prevention Act ("the Act") requires all New York employers to provide all employees by February 1, 2013, a written notice containing specific information about the employee's wages. The required...more

Reminder: New York State Wage Theft Prevention Act Notice Requirements

The New York State Wage Theft Prevention Act (“WTPA”) is still in effect, which means that the February 1, 2013 deadline to provide written notice to employees is fast approaching. Pursuant to the WTPA, New York employers...more

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