Mon, 06 May 2013 13:23:14 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US e21bda42-b3da-4653-8642-1b4d362f5503 Mon, 06 May 2013 13:23:14 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Form-I-9-Employment-Eligibility-Verification-Form-Required-as-of-May-7-2013 f3627eaa-a0ec-41c1-a0a0-796fbace2672 Fri, 26 Apr 2013 16:23:20 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Supreme-Court-Holds-that-FLSA-Collective-Action-Must-be-Dismissed-Because-Named-Plaintiffs-Claims-Became-Moot-After-Her-Rejection-of-Offer-of-Judgment 30b15575-82fc-44a0-b940-dab0f3e994a4 Wed, 10 Apr 2013 13:42:54 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Rules-Hospitals-Contracting-with-FEHBP-HMO-are-Subcontractors-Subject-to-Federal-Affirmative-Action-Requirements 2a35c8ff-86ca-4a8d-8371-b279f99e5307 Tue, 02 Apr 2013 10:52:12 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-City-Employers-Beware-New-Law-Prohibiting-Unemployment-Discrimination-to-Take-Effect-in-June b48eacfe-2aab-4bb5-a9c9-a5fa9d1330c1 Fri, 29 Mar 2013 15:09:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/401k-Plan-Investment-Selection-Triggers-ERISA-Violation 8173eb08-bbc7-495e-8bea-782324ebba4f Tue, 26 Mar 2013 12:20:07 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Third-Circuit-Upholds-Reduced-Pleading-Requirements-for-SOX-Whistleblowers 5bf17a9e-478b-49bc-aa60-8cfa6577b5ac Fri, 22 Mar 2013 11:24:48 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Good-News-for-Goldman-Second-Circuit-Requires-Individual-Arbitration-of-Title-VII-Claim 369d6638-a6fd-4d5f-9bea-957942485aa5 Thu, 21 Mar 2013 12:41:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/DOL-Issues-Guidance-on-Additional-Annual-Funding-Notice-Disclosures-for-Single-Employer-Defined-Benefit-Plans a4976f1c-f154-4e1b-9489-efe04cc4a9b5 Mon, 11 Mar 2013 12:35:36 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-OFCCP-Compensation-Guidance-Offers-Little-to-Guide-Contractors 9c230bf1-e843-4828-affd-2045dfd781f0 Tue, 05 Mar 2013 15:45:27 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Employees-Entitlement-to-Leave-for-Pregnancy-Disability-not-Limited-to-Four-Months 20bcd3f7-e140-4110-a940-c8be7bfaea6e Wed, 20 Feb 2013 13:25:26 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/US-Department-of-Labor-Publishes-New-FMLA-Regulations-that-Significantly-Expand-Military-Leave-Provisions-and-Modify-Eligibility-Rules-for-Airline-Flight-Crews 8b560c56-d920-4702-b5fa-503363a1e597 Thu, 14 Feb 2013 10:31:12 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/No-Feasible-Trial-Plan-No-Class-Action 8c28e4b3-e65a-437f-abcd-d22b074b211b Tue, 12 Feb 2013 17:02:42 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Supreme-Court-Approves-Partial-Mixed-Motive-Defense-Under-FEHA e340fdba-3bdc-4efb-97d8-308165bc0431 Wed, 06 Feb 2013 16:52:13 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Employee-Accused-of-Discrimination-Barred-from-Proceeding-With-Own-Discrimination-and-Defamation-Claims e85811f5-961f-47d6-9d26-17adf2830d55 Tue, 05 Feb 2013 10:16:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/In-the-Wake-of-Canning-Turmoil-at-the-NLRB-Because-of-Recess-Appointments a49efeae-4b05-460c-a435-8d3ad54248c7 Thu, 07 Feb 2013 12:01:21 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Employment-Law-Developments-for-2013 8a1acb24-5ace-4519-bea0-6dc846bdf6b1 Fri, 28 Dec 2012 14:13:07 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Brinker-Warrants-Certification-of-Meal-and-Rest-Break-Class-Claims-in-Two-Recent-California-Decisions a11be899-768d-43a7-8dd1-794e9df8e2ea Fri, 21 Dec 2012 17:16:11 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Overturns-50-Year-Precedent-on-Dues-Checkoff ccf26dd1-9a0b-4cb8-b9af-64d34dffd74e Thu, 29 Nov 2012 14:27:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Family-Leave-Employers-Honest-Belief-That-Employee-Took-Leave-For-Improper-Reason-Not-Enough-to-Justify-Discharge a37b65c3-07a7-4f5f-9f3a-5db14bea6eaa Tue, 20 Nov 2012 16:25:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Lead-Plaintiffs-Failure-to-Report-Alleged-Unpaid-Work-Time-Under-The-Employers-Reporting-Policies-Dooms-FLSA-Collective-Action 29f9e04c-f3f7-4f47-82af-075b474b7fa0 Mon, 12 Nov 2012 15:51:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Participants-in-TRICARE-Program-Celebrate-the-Administrative-Review-Boards-Florida-Hospital-Decision-Should-Other-Companies-Care e4b25d86-6136-48bc-b356-96956d6b0235 Wed, 07 Nov 2012 15:34:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Appellate-Court-Approves-Finally-of-Neutral-Time-Rounding 38fa0e35-b31d-4ca5-9f27-c378914582c9 Mon, 15 Oct 2012 12:46:21 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Says-Yes-You-Can-Be-Fired-for-Something-You-Post-Online 44e866e7-69e9-4d51-85ad-0ccd93d99b4d Mon, 24 Sep 2012 13:59:18 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Issues-its-First-Social-Media-Policy-Decision c1478e1d-d9c2-468b-9623-ed836e1e25fe Fri, 21 Sep 2012 09:48:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Enacts-Legislation-that-Substantially-Broadens-Employers-Obligations-to-Provide-Religious-Accommodations a4ba1b73-8bb0-4fbc-9495-318d3f9371ee Tue, 14 Aug 2012 10:10:52 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Rules-Against-Routine-Requests-for-Confidentiality-in-Ongoing-Employer-Investigations fdea9683-bc4b-42da-a363-1ab9440a3b65 Wed, 01 Aug 2012 16:21:08 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/DOL-Issues-WARN-Act-Guidance-to-Federal-Contractors-in-Light-of-Sequestration 4ba7922a-c777-407f-abe4-8cf489220d91 Tue, 08 May 2012 11:26:20 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/The-NLRBs-Acting-General-Counsel-Asserts-an-Unprecedented-Challenge-to-Employee-Handbook-Receipt-Provisions 842add40-330a-4b10-9628-d9c2d6f7730a Thu, 03 May 2012 16:24:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Seventh-Circuit-Authorizes-An-Issue-Class-Action-in-Response-to-Dukes 6037fd79-54b9-4242-b0c8-800ad18056d8 Wed, 02 May 2012 17:09:27 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-High-Court-Rejects-Fee-Request-For-Rest-Break-Claims 6d4acbfe-9813-4667-8bc0-8a5d6878195d Wed, 18 Apr 2012 14:45:48 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Notice-Posting-Rule-Delayed 23df10d4-a929-4488-b7bd-3463d63b9618 Tue, 17 Apr 2012 13:12:56 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Brinker-Was-It-Worth-The-Wait-For-Employers c3411298-6a3b-4e5f-954b-80cbdd16b8c0 Mon, 16 Apr 2012 14:30:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Preparing-For-May-Day-And-Beyond-At-The-NLRB 5d1702e9-6b84-45c3-bf29-19070fd3d704 Fri, 13 Apr 2012 11:21:57 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Maryland-Takes-the-Lead-on-Social-Media-Access-Legislation 46fcd327-f266-470a-b88f-5bc5b3b68f94 Fri, 23 Mar 2012 10:16:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Transgender-Employees-Protected-By-Federal-Law-Against-Discrimination 804913fd-7e26-4c2b-bb8c-d28fee2d09ca Thu, 23 Feb 2012 14:41:52 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Imposes-Broad-Preservation-Obligation-Regarding-Potential-Class-Members-in-FLSA-Action aec0921a-6765-4130-97bd-431ae83b89b4 Thu, 16 Feb 2012 14:59:17 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-and-the-USDOL-Stake-Out-Common-Ground-in-Focusing-on-Alleged-Misclassification-of-Employees-as-Independent-Contractors 4a117d58-b28f-4f1c-b648-f07c7d0121b4 Tue, 14 Feb 2012 15:33:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Department-of-Labor-Proposes-FMLA-Rule-on-Leave-for-Caregivers-to-Servicemembers-and-Airline-Flight-Crew-Employees 777c6dd8-d8cc-40ac-ac02-49d40c6bd8af Fri, 15 Jun 2012 11:13:39 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Second-Circuit-Weighs-in-Again-on-Class-Action-Waivers-in-Arbitration-Agreements 2957f031-36fa-4e20-aef8-8ced2448976b Fri, 09 Mar 2012 11:18:36 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Clarifies-Its-Position-Regarding-Employees-Social-Media-Usage d15621d6-548c-41c0-ba22-6d986f099208 Thu, 26 Jan 2012 16:19:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Collyer-Lite-NLRB-Announces-Limitation-on-Collyer-Deferral 0226c407-618f-4421-8121-4968f76f3d0a Wed, 25 Jan 2012 16:36:31 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/FMLA-Protections-from-Interference-and-Retaliation-Extended-to-Pre-Eligible-Employees 745a7c87-272c-4a61-bbf7-0790a041acad Thu, 12 Jan 2012 18:05:07 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-and-FINRA-Signal-Federal-Push-To-Create-A-Right-for-Employees-To-Pursue-Collective-Litigation-Regardless-of-Arbitration-Agreements d1eade4b-d84c-48cc-8f3d-6da9a2470fbb Thu, 05 Jan 2012 10:29:28 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-DOT-Regulations-Require-Commercial-Truckers-to-Hit-the-Breaks ddc518bf-bda0-47e2-8d0e-0256d899bf78 Thu, 22 Dec 2011 16:02:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Issues-Final-Rule-On-Quickie-Elections 7b5fc171-ba47-405c-b4bc-467703d4306f Wed, 14 Dec 2011 15:13:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Sea-Change-in-OFCCP-Disability-Regulations-Would-Mean-Increased-Turbulence-for-Contractors d69b4c05-6e9d-4eec-988f-49abde694ec5 Tue, 06 Dec 2011 15:50:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Scales-Back-But-Not-By-Much-The-New-Quickie-Election-Rules-it-Proposed-on-June-22-2011 6466479c-6c46-4448-a1a8-40dbced68c34 Mon, 21 Nov 2011 16:06:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Upholds-OFCCP-Demand-For-Data 21e3c520-6f47-450a-95b4-5ecfe5edde73 Wed, 09 Nov 2011 14:11:39 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OSHA-Revises-Its-Sarbanes-Oxley-Whistleblower-Rules-Impacting-Public-Companies-and-Their-Affiliates-and-Subsidiaries 69fcdb97-6c7f-41fd-8bb2-29fbdbe3cc31 Fri, 21 Oct 2011 13:13:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Seating-Lawsuits-Meeting-Resistance-But-Employers-Shouldnt-Sit-Idly-By f4556644-a891-4560-b044-1421cec5af78 Wed, 12 Oct 2011 13:26:26 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Enacts-Legislation-Limiting-Employers-Use-of-Consumer-Credit-Reports-for-Employment-Purposes 4021273c-b5de-40f6-bb19-9369d80b26cd Fri, 07 Oct 2011 10:21:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Postpones-Implementation-of-Its-New-Employee-Rights-Posting-Requirement a9c1fd7c-6740-4456-9a87-4c03bbecea40 Thu, 29 Sep 2011 09:43:22 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Seattle-Enacts-Ordinance-Requiring-Paid-Sick-Leave-and-Paid-Safe-Time 1a18aa0a-7851-4b2e-9584-13f23f5e1c84 Thu, 15 Sep 2011 14:08:05 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Makes-Employee-Rights-Poster-Available-on-its-Website-Shortly-After-Commencement-of-a-Lawsuit-Challenging-its-Posting-Rule b2f451fe-d581-4956-94a4-ba35a03799e9 Mon, 12 Sep 2011 08:48:46 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/National-Labor-Relations-Board-Alters-Landscape-for-Determining-the-Scope-of-Petitioned-For-Bargaining-Units 16a755a0-990a-452f-bd34-ec364f5d7578 Mon, 12 Sep 2011 10:22:35 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/The-NLRB-Overrules-Prior-Decisions-to-Reinstate-Recognition-Bar-Protection-for-Unions-Voluntarily-Recognized-and-Successor-Bar-Protection-for-Incumbent-Unions a7b11e4a-bd32-4f97-9f47-8cd6d4b27b5d Tue, 06 Sep 2011 14:51:42 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Imposes-New-Employee-Rights-Posting-Requirement-on-Covered-Employers 6578e69a-fab9-42cf-9b5e-7f6a6343b0b4 Tue, 16 Aug 2011 13:48:18 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OFCCP-Seeks-Input-on-Development-of-New-Compensation-Reporting-Tool be510e58-4d5f-4b23-b028-57d81edb0cfc Fri, 01 Jul 2011 16:22:47 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OFCCP-Drumbeat-Continues-Agency-Announces-New-FAAP-Procedures 6b08280f-e57a-4d61-9b8b-5e12e3c77717 Thu, 30 Jun 2011 08:17:05 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/The-NLRB-and-USDOL-Issue-Controversial-Proposed-Regulations-To-Aid-Union-Organizing 1f73dada-d00a-4d62-b2c2-ff091d3d743c Tue, 28 Jun 2011 17:22:16 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Supreme-Court-Changes-The-Class-Action-Landscape-In-Dukes-v-Wal-Mart 72c01e0b-c09e-40a5-ae52-103b9a2cdf3e Wed, 21 Sep 2011 18:14:51 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Trade-Secret-Misappropriation-and-Non-Competes-Across-California-State-Lines-What-Law-Governs 8574b377-b12c-4548-bc0a-17acfb1905fd Thu, 09 Jun 2011 16:17:41 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Connecticut-to-Become-First-State-to-Mandate-Guaranteed-Paid-Sick-Leave-Time-for-Employees 8755611e-02b6-451c-b4de-0e5f36bb5fad Wed, 08 Jun 2011 15:44:06 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/EEOC-Proposes-to-Extend-Title-VII-and-ADA-Recordkeeping-Requirements-to-Include-Entities-Covered-by-GINA adb603c4-f53f-4cff-8dce-284625b5031b Tue, 31 May 2011 10:32:15 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Fifth-Circuit-Applies-Recent-Supreme-Court-Decision-to-Revive-Sons-Title-VII-Retaliation-Claim-Based-on-Fathers-Protected-Activity f61fd86b-82fd-4b8f-9ffa-da83e555cc54 Thu, 26 May 2011 16:48:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Think-That-California-Lawsuits-Over-Seating-Concern-Only-Retail-Cashiers-Think-Again 323207dc-70b3-4d75-8e47-b27c653c67c5 Tue, 24 May 2011 12:16:46 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Circuit-Court-Rules-No-Cause-of-Action-for-Discrimination-Against-Debtors 23514881-d8c4-4575-bb9d-18741be4c745 Wed, 18 May 2011 10:51:59 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Sues-Arizona-in-Federal-Court-over-Constitutional-Amendment-Requiring-Secret-Ballot-Elections-for-Union-Representation 74fcc02a-0980-4313-9579-16ebdfbdbd88 Tue, 17 May 2011 11:20:55 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/You-Wanna-Sue-Your-Employer-for-Overtime-The-Labor-Department-Has-an-App-for-That 6f77b68b-b5a3-452a-b43d-17c2e0c6880a Mon, 16 May 2011 16:01:23 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Philadelphia-Is-Latest-Jurisdiction-to-Ban-the-Box-in-Hiring-Processes 88e40de7-1f05-4d6f-bb29-71a750a5f37c Tue, 12 Apr 2011 12:01:41 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Department-of-Labor-Issues-Guidance-and-Sample-Templates-in-Connection-With-the-New-York-Wage-Theft-Prevention-Act e4b7d234-5b50-47e9-87e8-f660a8680e4e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/EEOC-Issues-Final-Regulations-on-ADA-Amendments-Act-of-2008 The Equal Employment Opportunity Commission ("EEOC") recently issued its final revised Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended ("Regulations"), and accompanying interpretative guidance. These final Regulations, which interpret the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"), will take effect on May 24, 2011. bd23a75b-2208-44b3-ada7-fc6787b25634 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-Wage-Theft-Prevention-Act-Takes-Effect-on-April-9-2011 The New York Wage Theft Prevention Act ("Act"), effective April 9, 2011, implements new mandates regarding wage and hour notifications and recordkeeping for New York employers, and provides for increased civil and criminal penalties for their violation of these new and existing requirements. fcde6ff1-c9f5-43d7-9eff-0920d3b88201 Tue, 19 Apr 2011 12:51:51 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/IRS-Issues-Guidance-on-Mandatory-Form-W-2-Informational-Reporting-of-Employer-Sponsored-Health-Coverage On March 29, 2011, the IRS issued Notice 2011-28 ("Notice"), which provides interim guidance to employers regarding the new Form W-2 reporting requirement for employer-sponsored group health coverage. This requirement was added to the Internal Revenue Code ("Code") by last year's health reform legislation, the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-149 ("PPACA"). The IRS has requested comments, which are due by June 27, 2010, on this interim guidance. d5a35e94-d02d-4b7a-91e5-e5f299416cd5 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Oral-Complaints-are-Sufficient-to-Support-an-FLSA-Retaliation-Claim The U.S. Supreme Court recently held, in Kasten v Saint-Gobain Performance Plastics Corp., that an employee who is discharged after orally complaining to his employer about wage and hour issues may bring a claim for retaliation under the Fair Labor Standards Act ("FLSA"). An oral complaint, according to the Court, may be "sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection." Employers must, in light of the Saint-Gobain decision, pay close attention to the manner in which they receive, respond to and address such oral complaints by employees. ae779fc4-3ab1-4068-8d96-ddbf1ab512eb Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Flexes-Its-Muscles-by-Opposing-State-Constitutional-Amendments-Requiring-the-Use-of-Secret-Ballot-Elections-for-Union-Representation-Purposes-and-Limiting-Deferral-to-Arbitration The National Labor Relations Board ("NLRB" or "Board") has recently taken the position that state constitutional amendments mandating the use of secret ballot union representation elections for representation purposes violate the National Labor Relations Act ("NLRA"). Fueled by the desire to prevent intimidation and coercion by unions in the representation process, the voters of Arizona, South Dakota, South Carolina, and Utah have approved state constitutional amendments mandating that employees may choose union representation only through a secret ballot election. The NLRB, through its Acting General Counsel, Lafe Solomon, asserts that these amendments foreclose federally protected rights, and has requested that the four state Attorneys General work to prevent the amendments from taking effect. Mr. Solomon, who has been nominated for a four-year term as NLRB General Counsel, has indicated that the NLRB will take legal action against any state that enforces the secret ballot requirement. ... 3aa2b6d6-56c3-444d-aa14-8f583cfa7676 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Hospitality-Industry-Wage-Order-Increases-the-Wages-to-Be-Paid-to-Tipped-Employees-and-Authorizes-Tip-Pooling-and-Tip-Sharing The New York State Department of Labor ("NYSDOL") has provided a holiday gift to employees in the hospitality industry by issuing a new Wage Order, effective January 1, 2011. This Hospitality Industry Wage Order increases the portion of the $7.25 per hour New York State minimum wage that must be paid to tipped employees. The NYSDOL has also clarified New York law regarding tip sharing and tip pooling. These provisions cover tipped restaurant and hotel employees employed in New York State. The tip credit requirements applicable to tipped employees working in other industries in New York State are covered by the Minimum Wage Order for Miscellaneous Industries and Occupations. 712fa608-fef9-4a25-ba04-ecec834f0a1e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Proposed-OSHA-Noise-Regulations-Reverse-Long-Standing-Interpretations-And-Increase-Potential-Costs-To-Employers On October 19, 2010, the Occupational Safety and Health Administration proposed changes to occupational noise standards that would significantly increase the cost and burden of compliance by employers in industry and the construction trades. The new interpretations change the focus of noise protection efforts from cost-effective and well-established personal protective equipment ("PPE") such as earplugs to substantially more expensive administrative and engineering controls such as replacing equipment with quieter models or isolating equipment away from employees. 3f059f52-0bea-4864-bb64-279278138e9e Fri, 28 Dec 2012 12:56:25 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Marijuana-Legalization-Under-Californias-Proposition-19-The-Impact-on-Employers California's Proposition 19, which, if approved by voters on November 2, 2010, would legalize various marijuana-related activities in California, has already generated a great deal of national attention. In addition to vocal endorsements and opposition within California, in recent days U.S. Attorney General Eric Holder stated, in a letter to former federal drug enforcement chiefs, that, even if Proposition 19 passes, the federal government will "vigorously enforce" federal law (such as the Controlled Substances Act) making marijuana illegal. Given the likely inconsistent enforcement of marijuana laws nationally and in the state if the proposition passes, the implications for employers in California continue to be a source of speculation. e924dc0e-245f-46aa-87f4-260a0c8bd46f Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Court-Rules-Cancer-in-Remission-Is-Disability-under-the-ADAAA A federal district court in Indiana recently ruled that a plaintiff's past diagnosis of renal cancer qualifies as a "disability" for purposes of the Americans with Disabilities Amendments Act of 2008 ("ADAAA"). The court reached this conclusion even though the plaintiff's cancer was in remission and he had been working with no restrictions for over a year. This case is significant because it is one of the first to decide the extent to which the ADAAA broadens the scope of what conditions may constitute a "disability." Before the enactment of the ADAAA, a medical condition often did not qualify as a "disability" if it was in remission or was episodic in nature. Under the ADAAA, however, a condition that is in remission or episodic in nature may qualify as a disability if it "would substantially limit a major life activity when active." 42 U.S.C. § 12102(4)(D). f562a8a4-2398-4fd4-8e61-325054d28c64 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Whistleblower-Incentives-and-Protections-in-the-Dodd-Frank-Wall-Street-Reform-and-Consumer-Protection-Act The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), which became law at the end of July, contains new incentives for whistleblowers as well as enhanced whistleblower protections. These whistleblower provisions apply beyond the financial services industry, impacting public and private companies across all industries. bb7134a5-d326-40f3-97d7-dea76e64d023 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/DC-Issues-Final-Regulations-for-Accrued-Sick-Safe-Leave-Act The District of Columbia recently issued the final regulations implementing the Accrued Sick and Safe Leave Act of 2008 ("ASSLA" or "the Act"). When the ASSLA went into effect on November 13, 2008, two key questions remained unanswered: 1) which employees are covered under the Act; and 2) when do employees begin to accrue and access leave under the Act? The final regulations answer these questions by clarifying the definition of "employee," especially for those who do not consistently work in the District of Columbia, and confirming that only "employees" (the definition of which was clarified) are eligible to accrue and access paid leave under the Act. 962ece1a-bbea-420b-ae0f-591deccc43df Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Interim-Rule-Requires-Federal-Contractors-to-Report-Executive-Compensation-and-First-Tier-Subcontract-Awards the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, which have responsibility for the development and maintenance of the Federal Acquisition Regulations (“FAR”) System, issued an interim rule requiring that covered federal contractors disclose information about the compensation paid to their five most highly compensated executives, and to the highest paid executives of their first-tier subcontractors. 1f71650e-a5f1-46b5-9dbc-7100cbc8baf6 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Health-Care-Reform-Regulations-Arrive-Now-What-What-You-Need-to-Know-Right-Now-About-Health-Care-Reform-Regulations-So-Far As discussed in our May 12, 2010 Labor & Employment Law Alert, in March 2010, President Obama signed into law both the Patient Protection and Affordable Care Act ("PPACA") and the Health Care and Education Tax Credit Reconciliation Act ("HCERA"), which supplemented and modified PPACA (this Alert will refer to these two laws collectively as "Health Care Reform" or "Health Reform Laws"). As we noted in our May 12 Alert, Health Care Reform is an on-going process with compliance requirements developing over time, and the pace of those developments has proven to be quite impressive. To date, in just over 3 months since PPACA was signed into law, the Department of Health and Human Services ("HHS"), Department of Labor ("DOL"), and Department of the Treasury ("Treasury") have jointly issued interim final rules on the following four major provisions of Health Care Reform: b5fdae34-f17c-4bc6-ba58-54a1788eceaf Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Department-of-Labors-Wage-and-Hour-Division-Provides-Answers-Raises-New-Questions Companies that require their employees to wear uniforms or protective equipment face a number of complicated issues: Is time spent donning and doffing required uniforms and equipment compensable under the Fair Labor Standards Act ("FLSA")? If so, can the subject be negotiated with a different result through a collective bargaining agreement ("CBA")? What if the workforce is not represented by a union? In the end, does the donning of required uniforms or equipment qualify as a "principal activity" under the Portal to Portal Act, such that subsequent time (even if spent waiting to be engaged or traveling to the worksite) must be paid? fad9dd72-eed1-4e4d-9bd5-3651b1dfd847 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Process-Steel-The-Supreme-Court-Sends-The-NLRB-Back-To-The-Drawing-Board The Supreme Court invalidated today almost 600 decisions issued by the two members of the National Labor Relations Board (NLRB) who served for a 27-month period beginning in December, 2007. The Court, in a 5-4 opinion, ruled that the two member panel did not constitute a "quorum" authorized to decide cases under Section 3(b) of the National Labor Relations Act. Section 3(b) is the statutory provision that sets forth the familiar three member panel quorum provisions used by the NLRB in deciding cases. The majority opinion was authored by Justice Stevens, and joined by Chief Justice Roberts, and Associate Justices Scalia, Thomas and Alito. Justice Kennedy, joined by Justices Ginsburg, Breyer and Sotomayer, dissented, agreeing with the government's proposed reading of the statutory provision. 52a0ac1e-51af-48ea-9e70-89a9eacd53df Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Labor-Rights-Poster-Requirement-for-Federal-Contractors All federal prime contractors who enter into contracts of $100,000 or more, and subcontractors who enter into contracts of greater than $10,000, arising from a solicitation issued by the government on or after June 21, 2010, must post a notice at each of their workplaces informing employees of their rights under the National Labor Relations Act ("NLRA"). A final rule, issued by the Department of Labor May 20, 2010, implements Executive Order 13496, signed by President Obama on January 30, 2009 to supplant the Bush-era "Beck Notice," and mandates the language of the notice. 7b194332-ec0a-45d7-8cc9-e6810cea3399 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/What-Employers-Employees-and-Health-Plans-Need-to-Know-Right-Now-About-Health-Care-Reform Health care reform has been the subject of much public debate and, in many cases, misinformation both about the actual content of the new laws and the ways in which the laws are to be applied and interpreted. Regardless of your point of view, it is clear that health care reform will have a significant impact, not only on the health insurance industry but also on employment and employee benefit issues generally. 6b8f9a9e-840c-4b38-88ee-296ecf55126d Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/What-Should-Large-Employers-Do-Now-Implications-of-Dukes-v-Wal-Mart Earlier this week, the Ninth Circuit issued its long-anticipated en banc opinion in Dukes v. Wal-Mart. Dukes v. Wal-Mart Stores, Inc., __ F.3d. __, 2010 WL 1644259 (9th Cir. April 26, 2010). The six-judge majority affirmed the trial court's decision to certify a nationwide Title VII class action against Wal-Mart Stores, Inc. Beyond the simply breathtaking result and practical implications of the decision in the Dukes case -- approval of a class action involving up to 1.5 million current and former employees -- the opinion provides another wake-up call to all large employers regarding the risks they face in 2010 and beyond as they administer pay, promotion, and performance management systems that will be characterized by plaintiffs as involving subjectivity and discretion. Dukes, following on the heels of the Lilly Ledbetter Fair Pay Act in January 2009 and renewed attention at the federal level to the Paycheck Fairness Act, underscores ... 56936838-0ec2-48f4-94bd-c51f05c8a073 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Fourth-Circuit-Enforces-Employees-Pre-Filing-Release-of-Qui-Tam-Action-under-the-False-Claims-Act-Dismisses-Suit The Fourth Circuit recently ruled that an employee who signed a general release of all federal, state and local claims in connection with his separation from his employer was subsequently barred from bringing a qui tam action under the False Claims Act (FCA). United States ex rel. Radcliffe v. Purdue Pharma, No. 09-1202, __ F.3d __ (4th Cir. 2010). The court held that where the federal government was aware of the fraudulent conduct prior to the filing of the qui tam action, the federal interest served by enforcing releases outweighed the need to provide incentives to individuals to bring qui tam claims. 40863a45-226c-485f-bb62-f868bffea2a1 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Becker-Means-Change-At-The-Labor-Board President Obama has filled two of the three vacancies at the National Labor Relations Board with recess appointments. Joining union-side labor lawyer William Pierce is Craig Becker. Becker is a long-time senior lawyer for the SEIU, and has been a staff attorney with the AFL-CIO since 2004. Becker's appointment has generated enormous controversy. Senate Republicans unanimously joined business groups in opposing the nomination. The principal reason is concern that Becker's views on labor law are outside the historical mainstream. Sen. John McCain (R-Az.) described Becker's appointment as "clear payback by the Administration to organized labor." 778f5b5a-f513-4a48-a8e5-3f82c2aae744 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-FTC-Guidelines-Require-Employers-To-Strengthen-Social-Networking-Policies The revised guidelines on endorsements and testimonials in advertising, codified at 16 C.F.R. § 255, threaten liability under the Federal Trade Commission Act for both employees and employers if an employee fails to clearly and conspicuously disclose the employer/employee relationship when touting a product or service of the employer, including on a blog, online messaging board, or other social networking platform like Facebook or MySpace. These guidelines target "deceptive" advertising by employees whose endorsements are affected by the "material connections" that exist with their employers but who fail to disclose that such relationships exist. f1838219-023b-405e-bb58-3eec7afe7186 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Congress-Limits-Arbitration-of-Employment-Disputes-by-Defense-Contractors-and-Subcontractors On December 22, President Obama signed into law the 2010 Department of Defense Appropriations Act (H.R. 3326). The spending bill includes a significant amendment, offered by Senator Al Franken of Minnesota, prohibiting certain government contractors from entering into or enforcing arbitration clauses in employment agreements. 1dec9bcc-1f5e-4072-81fb-94e5e3f592ed Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/COBRA-Subsidy-Extended-New-Notice-Requirements-Imposed As discussed in our February 18, 2009 Special Employee Benefits Alert as well as our October 16, 2009 Employee Benefits Update, the Stimulus Bill, also known as the American Recovery and Reinvestment Act of 2009 ("ARRA"), provides a temporary COBRA subsidy intended to help unemployed workers and their families afford continuation health coverage. Under the ARRA, this COBRA subsidy (i.e., federal subsidization of 65% of the applicable COBRA premium) lasted for 9 months of COBRA coverage and was available to employees who were involuntarily terminated anytime between September 1, 2008 and December 31, 2009. In light of both the persistently high unemployment rates and the rapidly approaching closing of the window for eligibility for this subsidy, Congress enacted and, on December 21, 2009, President Obama signed into law, an extension of the COBRA subsidy. The extension appears as part of the Fiscal Year 2010 Defense Appropriations Act ("DAA") and is ... e99b205a-23cd-42cd-b0bc-536227856b49 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Grant-of-Motion-for-Summary-Judgment-to-Employer-Emphasizes-Importance-of-Prompt-Remedial-Action-in-Response-to-Harassment-Complaints A recent case before the U.S. District Court for the District of Maryland emphasizes the importance of employers' prompt remedial actions in addressing complaints of co-worker harassment. 03a2855e-9474-428d-82c2-718ac8f8e0f5 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Department-of-Labor-Issues-Forms-Required-When-Giving-Notice-to-New-Employees-Concerning-Compensation As previously reported in our October 27, 2009 Client Alert, New York Labor Law Section 195(1) was amended, as of October 26, 2009, to require employers in the State of New York to provide newly hired employees, upon their date of hire, with written notification of their regular rate of pay, overtime rate of pay (if applicable) and regular pay dates. Employers are further required to obtain from each employee a written acknowledgement of their receipt of such notice. 17038326-04a0-4786-8eb7-d5c6683a6d24 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-Employers-Must-Comply-With-New-Notice-Requirements Starting October 26, 2009, employers in New York must provide newly-hired employees with written notification of their regular rate of pay, overtime rate of pay, if applicable, and the employer's regular pay dates upon their date of hire. Employers are further required to obtain a written acknowledgement from each employee that he or she has received the required notice. 36304601-b54d-4717-aa56-8598a229a9dc Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Employee-Benefits-Update-1352329 While so much of the national focus has been on the pending healthcare reform legislation being discussed in Congress and by President Obama, other important developments in the employee benefits field have recently occurred or are likely to occur in the near term. All three branches of the Government are involved, with the actions of executive agencies and the legislative branch often being intertwined. These developments occupy six distinct areas of continuing concern in the employee benefits field: (1) executive branch initiatives to increase and protect retirement savings; (2) Supreme Court cases involving plan administration and compensation issues; (3) proposals to limit executive compensation; (4) mental health parity regulations; (5) continuing efforts by Congress and the Department of Labor (“DOL”) to require disclosure of fees paid by plans; and (6) further federal and state actions regarding COBRA subsidies. These matters, described in detail below, bear close attention because they will ... 61805aea-9a9a-44a7-974b-ef8a8ad05196 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/DOL-Issues-Proposed-Rule-Implementing-Executive-Order-13496-Notice-of-NLRA-Rights Federal contractors and subcontractors covered by President Obama's Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, will soon be required to post new, lengthy notices of their employees' rights under federal labor law. The U.S. Department of Labor ("DOL") issued its Proposed Rule implementing this Obama Executive Order on August 3, 2009. Notable provisions of the Proposed Rule include the following: cc81084e-c6d1-47df-8683-ec07c575cd34 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Minimum-Wage-Increases-Federally-And-In-16-Jurisdictions Effective Friday, July 24, 2009, the federal minimum wage will increase again to $7.25 per hour for all those employees covered under the minimum wage requirements of the Fair Labor Standards Act of 1938, as amended ("FLSA").