FMLA Amended Again
On Oct. 28, 2009, President Obama signed into law the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84 ("NDAA for 2010"). Primarily a defense appropriations law, the NDAA contains several amendments to the family military-leave provisions of the Family and Medical Leave Act ("FMLA"). Although no specific effective date is noted in the amendments, it appears these amendments went into effect upon President Obama's signature and are the most recent in a series of changes to the FMLA.
Social Networking in the Workplace
The first part of this article addressed issues surrounding the effect of the Internet on hiring and firing in the 21st Century. The conclusion herein discusses the laws that impact social networking in the workplace, and provides guidance on developing a social networking and blogging policy.
Employee References
When asked to provide a reference for a former employee, employers may feel that they are trapped in a no-win situation. They understand that prospective employers are trying to shield themselves from negligent hiring claims by engaging in the "due diligence" of checking with former employers. However, providing details about a less-than-stellar former employee's shortcomings is rarely the best course of action.
Can Your Retirement Plan Survive an ADEA Claim?
In <i>Kentucky Retirement Systems v. EEOC</i>, 128 the Supreme Court held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Couple Cannot 'Contract Away' Child Support Duty
A New York appellate court has refused to enforce a separation agreement that allowed a father to terminate child-support payments to his ex-wife if their teen-aged son "engag[ed] in full-time employment."
Social Networking in the Workplace
Nineteen million Twitter users can complain about their jobs instantly by "Tweeting." A reported 33% of Americans online are on Facebook, where they can upload embarrassing or questionable digital photos. This exponential growth has significant consequences for the workplace.
The 'Revised' Employee Free Choice Act
Over the past several months, behind-the-scenes "legislative wrangling" has led to several proposed modifications to the poorly titled Employee Free Choice Act ("EFCA"), a bill currently pending in both the House and Senate. Here's what to do.
Employment Arbitration: It Takes Two to Tango
Countless employers have promulgated arbitration agreements to take advantage of the perceived benefits of arbitrating employment-related claims, including the absence of a jury, the efficiency of resolving claims in an arbitral forum and the reduced or eliminated publicity resulting from employment claims.
Update on 'No-Match' Letters
On Oct. 7, 2009, the Department of Homeland Security ("DHS") published a final rule rescinding its safe-harbor procedures for employers that receive "no-match" letters from the Social Security Administration ("SSA") or similar letters from the DHS. Safe-Harbor Procedures for Employers Who Receive No-Match Letter.
