Today the Department of Labor published its Final Regulations Implementing the Family and Medical Leave Act (FMLA). They go into effect on January 16, 2009 (60 days after publication). Click here to download the final FMLA regulations. (Warning! The document is 762 pages long! However, much of that is a handy explanation of the changes and the comments the
“Blonde Jokes” Support Workplace Emotional Distress Claim
Usually when I get an employment lawsuit alleging "negligent infliction of emotional distress," I chuckle to myself and immediately begin drafting a motion to dismiss. However, a recent case out of the Washington Court of Appeals may indicate that NIED claims are not totally frivolous!
In Strong v. Wright, the plaintiff sued her former supervisor
California Overtime Laws Cover Nonresidents Who Work in California
Do California wage and hour laws – including their daily and weekly overtime provisions – apply to non-residents who occasionally perform work in California? Yes, according to a decision from the Ninth Circuit Court of Appeals earlier this month. Click here to read the court’s decision in Sullivan v. Oracle Corp.
In Sullivan
Salvation Army Settles “English Only” Lawsuit with EEOC
A Massachusetts federal court last week approved a consent decree settlement of an Equal Employment Opportunity Commission (EEOC) lawsuit against the Salvation Army over the firing of two Spanish-speaking employees who failed to adhere to the employer’s "English only" policy. To read the consent decree in that case, click here.
In that suit, the EEOC had
NLRB 2008 Report Shows Efficient, Aggressive Enforcement of Labor Law
Ronald Meisburg, General Counsel for the National Labor Relations Board (NLRB) issued his annual Summary of Operations memo on October 29, 2008. (The NLRB is the federal agency that enforces our country’s labor laws and conducts union elections.) Mr. Meisburg’s memo is full of interesting news and developments on all facets of the NLRB’s operations. To read the complete
California Supreme Court to Review Rest and Meal Break Case
Back in August, we reported a California Court of Appeals decision that employers must provide rest and meal breaks, but are not required to control that the breaks were taken. Last week, the California Supreme Court granted review of that case – it might uphold the decision, but it might also overturn it.
The grant of
Homeland Security Issues Final Supplemental “No-Match” Rule
Yesterday the Department of Homeland Security (DHS) issued a supplemental final rule regarding employers’ obligations upon receiving a "no match" letter from the Social Security Administration (SSA). (A "no match" letter states that an employee’s reported Social Security number appears invalid). The final rule is identical to the department’s previous rule, which was blocked from implementation by a California
Fourteen Million Reasons Not to Misclassify Employees as Independent Contractors
A class of current and former FedEx Ground drivers misclassified as "independent contractors" will receive an additional $9 million in reimbursements for employment-related expenses, an appointed referee ruled October 20. This award will be combined with a previous award of $5.3 million the drivers received in 2006. The award will reimburse the drivers for such expenses as truck
Sexual Harassment Fail
It’s a slow news day here at the Stoel Rives World of Employment. No Supreme Court cases, no big lawsuits, not even an obscure city ordinance to report on. But here’s an amusing photo, courtesy of the Fail Blog:
Come to think of it, I believe I spoke at that seminar….
Driving Not a “Major Life Activity” Under ADA
Is driving a car a major life activity under the Americans with Disabilities Act (ADA)? No, the Tenth Circuit Court of Appeals recently concluded, joining two other federal circuit courts that have held that just because a person cannot drive does not mean that person meets the legal definition of "disabled." Kellogg v. Energy