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Employment Law Strategist

Volume 18 - Number 5 | September 2010

September Issue in PDF Format


Reducing Exposure to Attorneys’ Fees
By William (Bill) Wortel and Matt Baisley
Although a prevailing plaintiff is entitled to his/her costs and attorneys’ fees, a successful defendant is entitled only to its costs (e.g., filing fees, court reporter fees, etc.) and not an award of attorneys’ fees.

New Employee Rights Poster for Federal Contractors
By Kevin McCormick
Pursuant to Executive Order 13496, and its implementing regulations 29 CFR, Part 471, federal contractors and subcontractors must notify employees about their rights under the National Labor Relations Act (NLRA) as of June 21, 2010. Here are the details.

Tenth Circuit Rules on Temporary Workers
By Margaret Parnell Hogan and Stephanie L. Hankin
In a case of first impression, the Tenth Circuit recently considered whether positions filled by temporary contract workers are "vacant" for purposes of reassignment as a reasonable accommodation under the ADA.

What Should Human Resources Be Doing to Prepare for Health Care Reform?
By Jean C. Kosela and John S. Lord, Jr.
In the coming months, you should guide HR in preparing for required changes needed to comply with the Patient Protection and Affordable Care Act (PPACA). Here are some things you should already be putting (or have) in place:

CA Supreme Court Clarifies Who Cannot Be Sued by Workers
By Mike McKee
For 97 years, neither California legislators nor the courts ever clarified who qualified as an employer under the state Industrial Welfare Commission’s (IWC) wage orders. That changed on May 20 when the California Supreme Court decided, in part, who does not qualify.

Second Circuit Finds Drug Reps Not Exempt from Overtime Law
By Mark Hamblett
Current and former sales representatives for Novartis Pharmaceuticals Corp. are not exempt from qualifying for overtime under the Fair Labor Standards Act, the Second Circuit ruled July 6.

Movers & Shakers
Who's doing what; who's going where.