Tag: act

“Isn’t there supposed to be a good cop?” — 9th Circuit Holds Bilious Conduct Not a Disability Under ADA

Cantankerous employees beware! Being a jerk is not a disability and, at least according to the Ninth Circuit in Weaving v. City of Hillsboro, blaming bad behavior on a physical or mental impairment does not guarantee protection under the Americans with Disabilities Act ("ADA"). Matthew Weaving was diagnosed with ADHD as a child, but stopped exhibiting … Continue Reading

Washington State Supreme Court’s Decision on Religious Accommodation: What It Means for Employers

Employers in Washington should take note of last week’s decision from the Washington State Supreme Court holding that state law allows a claim for failure to reasonably accommodate an employee’s religious practices. That result is hardly surprising, but how the Court reached that result, and its other conclusions along the way, will complicate how businesses … Continue Reading

College Football Players Are Employees? Who’s Next?

The NLRB’s Regional Director in Chicago issued a decision on March 26 in 13-RC-121359 finding the football players at Northwestern University are employees under the NLRA, over the objections of the University. The Regional Director rejected the University’s arguments that the players, who receive “grant-in-aid scholarships” from the University, are more akin to graduate students, held … Continue Reading

New IRS Guidance Expected Over Delay of Affordable Care Act Employer Pay-or-Play Penalties

As described by my colleague Howard Bye-Torre in his client advisory published earlier today, Mark Mazur, Assistant Secretary for Tax Policy at the Treasury Department announced in a Tuesday blog post that the effective date for imposing employer pay-or-play penalties (also known “shared responsibility payments”) will be delayed by the IRS until 2015. The IRS is expected to issue official … Continue Reading

OSHA Issues Interim Final Rules on Whistleblower Protection Provisions Under ACA

The Occupational Safety and Health Administration (OSHA) issued an interim final rule and request for comments regarding procedures for handling employee whistleblower complaints under the Affordable Care Act (ACA), Section 1558. This part of the ACA added a new Section 18c to the Fair Labor Standards Act (FLSA), which protects employees from retaliation for exercising certain … Continue Reading

11th Circuit Disagrees With NLRB And Finds Nurses Are “Supervisors” In Lakeland Health Care Decision

Several weeks ago the U.S. Court of Appeals for the 11th Circuit weighed in on the ongoing debate in labor law over the definition of who is a “supervisor,” and therefore not eligible to join a union, under the federal National Labor Relations Act (“NLRA”). The opinion, Lakeland Health Care Associates , is but the latest … Continue Reading

Recordkeeping: The Often Overlooked Element of FMLA Compliance

Most employers grapple with the better-known aspects of the Family and Medical Leave Act (FMLA), such as determining whether an employee’s illness constitutes a serious medical condition, obtaining required certification or providing adequate coverage for workers on intermittent leave. All too often employers focus on the leave itself and breathe a sigh of relief when notice … Continue Reading

Stoel Rives Presents Webinar On Employer Group Health Plans After U.S. Supreme Court Decision Upholding “Obamacare”

As everyone who was not on Mars this summer knows, the U.S. Supreme Court issued a surprising and historic decision upholding key provisions of President Obama’s Affordable Care Act ("ACA").  To help employers navigate the requirements of the law now that it has the stamp of approval of the Supreme Court, and to provide other updates … Continue Reading

EEOC’s Multifaceted Effort To Aggressively Target Employer Policies Potentially Having “Disparate Impact”

As many of you know, the Equal Employment Opportunity Commission (EEOC) has been on an aggressive tear of late on a broad range of issues.  In addition to upping its investigations of charges of individual “disparate treatment” discrimination, it is undertaking a number of new initiatives that show a renewed focus on facially neutral employer … Continue Reading

Are Remedies Available to Working Moms Who Experience “Lactation Discrimination”?

For many new moms returning to work after the birth of a child, pumping breast-milk is considered to be a necessary evil.  Necessary because pumping ensures that these mothers’ babies can continue to experience the many benefits of breast-milk, and helps the mothers to maintain their milk supplies, relieves painful engorgement, and prevents potentially serious … Continue Reading

NLRB Finds Employee Arbitration Agreement Waiving Class Claims Violates Federal Labor Law

In DR Horton, a decision issued on January 3 and applicable to most private sector employers, whether unionized or not, the National Labor Relations Board (NLRB) held that federal labor law prevents employers from requiring their employees, as a condition of employment, to agree to broad waivers that would deny their right to pursue employment-related class … Continue Reading

Update – New Rule Requires Employers to Post Notice of Employee NLRA Rights

In order to allow more time for legal challenges to its notice-posting rule to be resolved, the National Labor Relations Board has again postponed the rule’s effective date, this time to April 30, 2012.  Stay tuned. For additional information regarding the NLRB’s new rule and posting requirement, including links to the new rule and the … Continue Reading

It’s Time to Ensure Compliance with the California Transparency in Supply Chains Act

Under the California Transparency in Supply Chains Act, beginning January 1, 2012, large retailers and manufacturers that do business in California must disclose information on their websites about what they do to eradicate slavery and human trafficking from their supply chains. The new law applies to companies with worldwide gross receipts of over $100 million. The … Continue Reading

Obama Jobs Bill Proposes To Ban Discrimination Against Unemployed

As almost everyone knows, last week President Obama presented a $447 billion jobs bill, called the American Jobs Act, to a joint session of Congress full of proposals designed to stimulate the lagging U.S. economy.  What many people probably don’t know is that, tucked into the bill, is a provision that would make it unlawful … Continue Reading

California: “Suitable Seating” Class Actions on the Rise

California employers need to be mindful of a new kind of wage-hour class action – class claims arising from the “suitable seating” requirements of the California Industrial Welfare Commission’s wage orders.  The wage orders set forth what employers must do with respect to employees’ wages, hours and working conditions. There are 17 wage orders, applying to … Continue Reading

Companion Anti-Union Bills Slated to Pass Idaho Legislature

Never shy about taking on unions, especially in a state where organized labor enjoys little support outside the government sector, the Idaho Legislature recently introduced a pair of bills for addition to the state’s existing Right to Work statute.  Senate Bill 1007, named the “Fairness in Contracting Act,” is intended to “promote fairness in bidding … Continue Reading

Ninth Circuit Approves of “Preemptive” Fitness for Duty Examination

Yesterday the Ninth Circuit Court of Appeals issued a decision approving of an employer’s use of a "preemptive" fitness for duty examination for an employee who exhibited bizarre and erratic behavior in the workplace, even though that behavior had not yet impacted his job performance.  Click here to read the full opinion in Brownfield v. City … Continue Reading

Supreme Court Invalidates Nearly 600 Decisions Made by Two-Member NLRB

This morning the United States Supreme Court issued a highly-anticipated decision in New Process Steel v. National Labor Relations Board, ruling 5-4 to effectively invalidate almost 600 decisions made by the NLRB during the time it only had two members.  Normally, the NLRB is comprised of five members, but typically delegates its powers to decide most cases … Continue Reading

More Federally Mandated Wallpaper: Federal contractors must post a notice of employee rights under the National Labor Relations Act

  Once again, employers are being given an old line: we are from the federal government and we’re here to help you . . . with your office decorating. Shortly after his inauguration, President Obama issued Executive Order 13496 (the “Order”). The Order directed that all federal contractors post a notice to their employees advising the employees of their … Continue Reading

Oregon Supreme Court: Employers Are Not Required to Accommodate Medical Marijuana

Yesterday the Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of doubt and confusion on this critical issue. Click here to read the Court’s opinion in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries. In Emerald Steel, a drill … Continue Reading

IRS Issues HIRE Act Affidavit

The Internal Revenue Service released yesterday Form W-11, the Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit.  Employers can use the form to claim the special payroll tax exemption that applies to many newly hired workers during 2010.  Click here to download a copy of Form W-11. The HIRE Act, which President Obama signed into law on … Continue Reading

President Obama Uses Recess Appointments to Fill NLRB, EEOC Seats

This week President Obama announced that he would make recess appointments to fill vacancies on the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC).  The move allows the White House to bypass the Senate confirmation process, which promised to be extremely contentious.  The appointments will add two Democratic members to the … Continue Reading

President Obama to Sign Jobs Bill Today

President Obama is today expected to sign the Hiring Incentives to Restore Employment (HIRE) Act, which in its final form passed The House of Representatives 217-201 on March 4 and the Senate 68-29  on March 17.  Click here to download the final version of the HIRE Act. Key provisions of the HIRE Act include: An exemption … Continue Reading

Oregon Legislature Passes Five Employment-Related Bills in Special Session

The Oregon Legislature recently completed its 2010 Supplemental Session.  Among the bills passed by the legislature include five employment-related bills.  Click on the bill number to download a copy of the actual bill: SB 996:  Expands protections for public employees who report law violations or safety dangers to include discussions on those topics with elected … Continue Reading
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