By now, we’ve all read about the Supreme Court decision holding that the Second Amendment guarantees a private right to possess firearms. But here’s an interesting trend in firearms law that directly impacts employers: several states have passed or are considering laws preventing employers from prohibiting employees from keeping firearms in their cars on company
AFTRA Ratifies Three-Year Contract
Good news for us consumers of entertainment: members of the American Federation of Television and Radio Artists just ratified a new three-year prime-time television agreement with major Hollywood studios and networks. AFTRA represents about 70,000 radio and television performers. Negotiations between the studios and the Screen Actors Guild, however, continue, threatening the continued production
Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave
Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages. What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave? The Ninth Circuit Court of Appeals recently ruled that such damages are a form of lost wages and therefore may be recovered under FMLA.
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Hang Up and Drive! Washington and California Ban Cell Phone Use While Driving
Last night I was riding home and was almost run off the street by a woman reading a novel while driving, when I remembered: Effective July 1, 2008, new laws in California and Washington prohibit the use of hand-held cell phones while driving. Drivers may, however, use a cell phone if the communication is made
New I-9 Form Now Available
A new I-9 form is now available from the U.S. Citizenship and Immigration Services. What’s changed, you might ask? Good question. Nothing substantive, merely the expiration date. Ironically, the Paperwork Reduction Act requires government forms to carry an expiration date, and because the old I-9 form expires June 30, 2008, the USCIS has to
Female Crane Operator Sues for Sex Bias Over Urination Policy
Ever wonder how the people who operate those giant construction cranes at a high-rise construction site take bathroom breaks? Thanks to a new case, we now know. In Johnson v. AK Steel Corp., the Southern District of Ohio ruled last month that a female crane operator may proceed with state and federal gender discrimination
Idaho Supreme Court Clarifies Covered Employment for Unemployment Insurance Tax Purposes
In Excell Construction Inc. v. Idaho Department of Commerce and Labor, the state’s high court provided a detailed analysis of each the factors to be considered in determining whether a worker is covered for tax purposes. The court adopted a list of fifteen factors an employer should consider in making that determination (and that
New Idaho Statute Expands Noncompetition Agreements
A new Idaho statute (Idaho Code 44-2701 et seq.) set to go into effect July 1, 2008 defines presumptively reasonable limitations applicable to covenants against competition and solicitation by employees and independent contractors.
Under the statute, a noncompetition period of up to 18 months are presumptively reasonable, as is a geographic scope that includes anywhere
Supreme Court Accepts Review of AT&T Retirement Benefits Case
Earlier this week, the U.S. Supreme Court agreed to consider whether employers may be liable under Title VII for not giving female employees full credit for pregnancy leaves in calculating retirement benefits. AT&T Corp. v. Hulteen, U.S., No. 07-543.
The Ninth Circuit ruled last August that AT&T violated Title VII by calculating the female
Big Day at the Supreme Court: Four New L&E Decisions
Today the U.S. Supreme Court issued four labor and employment-related decisions; none, however, were big surprises or substantial changes in the law.
First, in Meacham v. Knolls Atomic Power Laboratory, the Court held 8-0 that an employer defending an Age Discrimination in Employment Act case bears the burden of proving a "reasonable factors other than age" or "RFOA" affirmative defense. Truth be told, most defense lawyers have assumed that it was the employer’s burden to prove the affirmative defense; this decision simply confirms that assumption.
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