Tue, 08 May 2012 11:26:20 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US 4ba7922a-c777-407f-abe4-8cf489220d91 Tue, 08 May 2012 11:26:20 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRBs-Acting-General-Counsel-Asserts-Unprecedented-Challenge-to-Employee-Handbook-Receipt-Provisions 842add40-330a-4b10-9628-d9c2d6f7730a Thu, 03 May 2012 16:24:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Seventh-Circuit-Authorizes-An-Issue-Class-Action-in-Response-to-Dukes 6037fd79-54b9-4242-b0c8-800ad18056d8 Wed, 02 May 2012 17:09:27 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-High-Court-Rejects-Fee-Request-For-Rest-Break-Claims 6d4acbfe-9813-4667-8bc0-8a5d6878195d Wed, 18 Apr 2012 14:45:48 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Notice-Posting-Rule-Delayed 23df10d4-a929-4488-b7bd-3463d63b9618 Tue, 17 Apr 2012 13:12:56 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Brinker-Was-It-Worth-The-Wait-For-Employers c3411298-6a3b-4e5f-954b-80cbdd16b8c0 Mon, 16 Apr 2012 14:30:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Preparing-For-May-Day-And-Beyond-At-The-NLRB 5d1702e9-6b84-45c3-bf29-19070fd3d704 Fri, 13 Apr 2012 11:21:57 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Maryland-Takes-the-Lead-on-Social-Media-Access-Legislation 46fcd327-f266-470a-b88f-5bc5b3b68f94 Fri, 23 Mar 2012 10:16:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Transgender-Employees-Protected-By-Federal-Law-Against-Discrimination 804913fd-7e26-4c2b-bb8c-d28fee2d09ca Thu, 23 Feb 2012 14:41:52 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Imposes-Broad-Preservation-Obligation-Regarding-Potential-Class-Members-in-FLSA-Action aec0921a-6765-4130-97bd-431ae83b89b4 Thu, 16 Feb 2012 14:59:17 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-and-the-USDOL-Stake-Out-Common-Ground-in-Focusing-on-Alleged-Misclassification-of-Employees-as-Independent-Contractors 4a117d58-b28f-4f1c-b648-f07c7d0121b4 Tue, 14 Feb 2012 15:33:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Department-of-Labor-Proposes-FMLA-Rule-on-Leave-for-Caregivers-to-Servicemembers-and-Airline-Flight-Crew-Employees 777c6dd8-d8cc-40ac-ac02-49d40c6bd8af Fri, 03 Feb 2012 11:26:01 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Second-Circuit-Weighs-in-Again-on-Class-Action-Waivers-in-Arbitration-Agreements 2957f031-36fa-4e20-aef8-8ced2448976b Fri, 09 Mar 2012 11:18:36 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Clarifies-Its-Position-Regarding-Employees'-Social-Media-Usage d15621d6-548c-41c0-ba22-6d986f099208 Thu, 26 Jan 2012 16:19:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Collyer-Lite-NLRB-Announces-Limitation-on-Collyer-Deferral 0226c407-618f-4421-8121-4968f76f3d0a Wed, 25 Jan 2012 16:36:31 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/FMLA-Protections-from-Interference-and-Retaliation-Extended-to-Pre-Eligible-Employees 745a7c87-272c-4a61-bbf7-0790a041acad Thu, 12 Jan 2012 18:05:07 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-and-FINRA-Signal-Federal-Push-To-Create-A-Right-for-Employees-To-Pursue-Collective-Litigation-Regardless-of-Arbitration-Agreements d1eade4b-d84c-48cc-8f3d-6da9a2470fbb Thu, 05 Jan 2012 10:29:28 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-DOT-Regulations-Require-Commercial-Truckers-to-Hit-the-Breaks ddc518bf-bda0-47e2-8d0e-0256d899bf78 Thu, 22 Dec 2011 16:02:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Issues-Final-Rule-On-Quickie-Elections 7b5fc171-ba47-405c-b4bc-467703d4306f Wed, 14 Dec 2011 15:13:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Sea-Change-in-OFCCP-Disability-Regulations-Would-Mean-Increased-Turbulence-for-Contractors d69b4c05-6e9d-4eec-988f-49abde694ec5 Tue, 06 Dec 2011 15:50:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Scales-Back-But-Not-By-Much-The-New-Quickie-Election-Rules-it-Proposed-on-June-22-2011 6466479c-6c46-4448-a1a8-40dbced68c34 Mon, 21 Nov 2011 16:06:58 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Upholds-OFCCP-Demand-For-Data 21e3c520-6f47-450a-95b4-5ecfe5edde73 Wed, 09 Nov 2011 14:11:39 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OSHA-Revises-Its-Sarbanes-Oxley-Whistleblower-Rules-Impacting-Public-Companies-and-Their-Affiliates-and-Subsidiaries 69fcdb97-6c7f-41fd-8bb2-29fbdbe3cc31 Fri, 21 Oct 2011 13:13:32 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Seating-Lawsuits-Meeting-Resistance-But-Employers-Shouldnt-Sit-Idly-By f4556644-a891-4560-b044-1421cec5af78 Wed, 12 Oct 2011 13:26:26 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Enacts-Legislation-Limiting-Employers-Use-Consumer-Credit-Reports-Employment-Purposes 4021273c-b5de-40f6-bb19-9369d80b26cd Fri, 07 Oct 2011 10:21:34 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Postpones-Implementation-of-New-Employee-Rights-Posting-Requirement a9c1fd7c-6740-4456-9a87-4c03bbecea40 Thu, 29 Sep 2011 09:43:22 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Seattle-Enacts-Ordinance-Requiring-Paid-Sick-Leave-and-Paid-Safe-Time 1a18aa0a-7851-4b2e-9584-13f23f5e1c84 Thu, 15 Sep 2011 14:08:05 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Makes-Employee-Rights-Poster-Available-Website-After-Commencement-of-Lawsuit Challenging-Posting-Rule b2f451fe-d581-4956-94a4-ba35a03799e9 Mon, 12 Sep 2011 08:48:46 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Alters-Landscape-for-Determining-the-Scope-of-Petitioned-For-Bargaining-Units 16a755a0-990a-452f-bd34-ec364f5d7578 Mon, 12 Sep 2011 10:22:35 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Overrules-Prior-Decisions-to-Reinstate-Recognition-Bar-Protection-for-Unions-Voluntarily-Recognized-Successor-Bar-Protection-for-Incumbent-Unions a7b11e4a-bd32-4f97-9f47-8cd6d4b27b5d Tue, 06 Sep 2011 14:51:42 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Imposes-New-Employee-Rights-Posting-Requirement-on-Covered-Employers 6578e69a-fab9-42cf-9b5e-7f6a6343b0b4 Tue, 16 Aug 2011 13:48:18 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OFCCP-Seeks-Input-on-Development-of-New-Compensation-Reporting-Tool be510e58-4d5f-4b23-b028-57d81edb0cfc Fri, 01 Jul 2011 16:22:47 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/OFCCP-Drumbeat-Continues-Agency-Announces-New-FAAP 6b08280f-e57a-4d61-9b8b-5e12e3c77717 Thu, 30 Jun 2011 08:17:05 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/The-NLRB-and-USDOL-Issue-Controversial-Proposed 1f73dada-d00a-4d62-b2c2-ff091d3d743c Tue, 28 Jun 2011 17:22:16 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Supreme-Court-Changes-The-Class-Action-Landscape-In-i 8574b377-b12c-4548-bc0a-17acfb1905fd Thu, 09 Jun 2011 16:17:41 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Connecticut-to-Become-First-State-to-Mandate-Guaranteed 8755611e-02b6-451c-b4de-0e5f36bb5fad Wed, 08 Jun 2011 15:44:06 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/EEOC-Proposes-to-Extend-Title-VII-and-ADA-Recordkeeping adb603c4-f53f-4cff-8dce-284625b5031b Tue, 31 May 2011 10:32:15 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Fifth-Circuit-Applies-Recent-Supreme-Court-Decision-to f61fd86b-82fd-4b8f-9ffa-da83e555cc54 Thu, 26 May 2011 16:48:53 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Think-That-California-Lawsuits-Over-Seating-Concern-Only 323207dc-70b3-4d75-8e47-b27c653c67c5 Tue, 24 May 2011 12:16:46 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Circuit-Court-Rules-No-Cause-of-Action-for-Discrimination 23514881-d8c4-4575-bb9d-18741be4c745 Wed, 18 May 2011 10:51:59 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Sues-Arizona-in-Federal-Court-over-Constitutional 74fcc02a-0980-4313-9579-16ebdfbdbd88 Tue, 17 May 2011 11:20:55 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/You-Wanna-Sue-Your-Employer-for-Overtime-The-Labor 6f77b68b-b5a3-452a-b43d-17c2e0c6880a Mon, 16 May 2011 16:01:23 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Philadelphia-Is-Latest-Jurisdiction-to-Ban-the-Box-in 88e40de7-1f05-4d6f-bb29-71a750a5f37c Tue, 12 Apr 2011 12:01:41 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Department-of-Labor-Issues-Guidance-and e4b7d234-5b50-47e9-87e8-f660a8680e4e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/EEOC-Issues-Final-Regulations-on-ADA-Amendments-Act-of The Equal Employment Opportunity Commission ("EEOC") recently issued its final revised Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, as Amended ("Regulations"), and accompanying interpretative guidance. These final Regulations, which interpret the Americans with Disabilities Act Amendments Act of 2008 ("ADAAA"), will take effect on May 24, 2011. bd23a75b-2208-44b3-ada7-fc6787b25634 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-Wage-Theft-Prevention-Act-Takes-Effect-on-April-9 The New York Wage Theft Prevention Act ("Act"), effective April 9, 2011, implements new mandates regarding wage and hour notifications and recordkeeping for New York employers, and provides for increased civil and criminal penalties for their violation of these new and existing requirements. fcde6ff1-c9f5-43d7-9eff-0920d3b88201 Tue, 19 Apr 2011 12:51:51 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/IRS-Issues-Guidance-on-Mandatory-Form-W-2-Informational On March 29, 2011, the IRS issued Notice 2011-28 ("Notice"), which provides interim guidance to employers regarding the new Form W-2 reporting requirement for employer-sponsored group health coverage. This requirement was added to the Internal Revenue Code ("Code") by last year's health reform legislation, the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-149 ("PPACA"). The IRS has requested comments, which are due by June 27, 2010, on this interim guidance. d5a35e94-d02d-4b7a-91e5-e5f299416cd5 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Oral-Complaints-are-Sufficient-to-Support-an-FLSA The U.S. Supreme Court recently held, in Kasten v Saint-Gobain Performance Plastics Corp., that an employee who is discharged after orally complaining to his employer about wage and hour issues may bring a claim for retaliation under the Fair Labor Standards Act ("FLSA"). An oral complaint, according to the Court, may be "sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection." Employers must, in light of the Saint-Gobain decision, pay close attention to the manner in which they receive, respond to and address such oral complaints by employees. ae779fc4-3ab1-4068-8d96-ddbf1ab512eb Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/NLRB-Flexes-Its-Muscles-by-Opposing-State-Constitutional The National Labor Relations Board ("NLRB" or "Board") has recently taken the position that state constitutional amendments mandating the use of secret ballot union representation elections for representation purposes violate the National Labor Relations Act ("NLRA"). Fueled by the desire to prevent intimidation and coercion by unions in the representation process, the voters of Arizona, South Dakota, South Carolina, and Utah have approved state constitutional amendments mandating that employees may choose union representation only through a secret ballot election. The NLRB, through its Acting General Counsel, Lafe Solomon, asserts that these amendments foreclose federally protected rights, and has requested that the four state Attorneys General work to prevent the amendments from taking effect. Mr. Solomon, who has been nominated for a four-year term as NLRB General Counsel, has indicated that the NLRB will take legal action against any state that enforces the secret ballot requirement. ... 3aa2b6d6-56c3-444d-aa14-8f583cfa7676 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Hospitality-Industry-Wage-Order-Increases The New York State Department of Labor ("NYSDOL") has provided a holiday gift to employees in the hospitality industry by issuing a new Wage Order, effective January 1, 2011. This Hospitality Industry Wage Order increases the portion of the $7.25 per hour New York State minimum wage that must be paid to tipped employees. The NYSDOL has also clarified New York law regarding tip sharing and tip pooling. These provisions cover tipped restaurant and hotel employees employed in New York State. The tip credit requirements applicable to tipped employees working in other industries in New York State are covered by the Minimum Wage Order for Miscellaneous Industries and Occupations. 712fa608-fef9-4a25-ba04-ecec834f0a1e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Proposed-OSHA-Noise-Regulations-Reverse-Long-Standing On October 19, 2010, the Occupational Safety and Health Administration proposed changes to occupational noise standards that would significantly increase the cost and burden of compliance by employers in industry and the construction trades. The new interpretations change the focus of noise protection efforts from cost-effective and well-established personal protective equipment ("PPE") such as earplugs to substantially more expensive administrative and engineering controls such as replacing equipment with quieter models or isolating equipment away from employees. 3f059f52-0bea-4864-bb64-279278138e9e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Marijuana-Legalization-Under-California-s-Proposition-19 California's Proposition 19, which, if approved by voters on November 2, 2010, would legalize various marijuana-related activities in California, has already generated a great deal of national attention. In addition to vocal endorsements and opposition within California, in recent days U.S. Attorney General Eric Holder stated, in a letter to former federal drug enforcement chiefs, that, even if Proposition 19 passes, the federal government will "vigorously enforce" federal law (such as the Controlled Substances Act) making marijuana illegal. Given the likely inconsistent enforcement of marijuana laws nationally and in the state if the proposition passes, the implications for employers in California continue to be a source of speculation. e924dc0e-245f-46aa-87f4-260a0c8bd46f Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Court-Rules-Cancer-in-Remission-Is-Disability-under-the A federal district court in Indiana recently ruled that a plaintiff's past diagnosis of renal cancer qualifies as a "disability" for purposes of the Americans with Disabilities Amendments Act of 2008 ("ADAAA"). The court reached this conclusion even though the plaintiff's cancer was in remission and he had been working with no restrictions for over a year. This case is significant because it is one of the first to decide the extent to which the ADAAA broadens the scope of what conditions may constitute a "disability." Before the enactment of the ADAAA, a medical condition often did not qualify as a "disability" if it was in remission or was episodic in nature. Under the ADAAA, however, a condition that is in remission or episodic in nature may qualify as a disability if it "would substantially limit a major life activity when active." 42 U.S.C. § 12102(4)(D). f562a8a4-2398-4fd4-8e61-325054d28c64 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Whistleblower-Incentives-and-Protections-in-the-Dodd The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), which became law at the end of July, contains new incentives for whistleblowers as well as enhanced whistleblower protections. These whistleblower provisions apply beyond the financial services industry, impacting public and private companies across all industries. bb7134a5-d326-40f3-97d7-dea76e64d023 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/D-C-Issues-Final-Regulations-for-Accrued-Sick-amp-Safe The District of Columbia recently issued the final regulations implementing the Accrued Sick and Safe Leave Act of 2008 ("ASSLA" or "the Act"). When the ASSLA went into effect on November 13, 2008, two key questions remained unanswered: 1) which employees are covered under the Act; and 2) when do employees begin to accrue and access leave under the Act? The final regulations answer these questions by clarifying the definition of "employee," especially for those who do not consistently work in the District of Columbia, and confirming that only "employees" (the definition of which was clarified) are eligible to accrue and access paid leave under the Act. 962ece1a-bbea-420b-ae0f-591deccc43df Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Interim-Rule-Requires-Federal-Contractors-to-Report the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, which have responsibility for the development and maintenance of the Federal Acquisition Regulations (“FAR”) System, issued an interim rule requiring that covered federal contractors disclose information about the compensation paid to their five most highly compensated executives, and to the highest paid executives of their first-tier subcontractors. 1f71650e-a5f1-46b5-9dbc-7100cbc8baf6 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Health-Care-Reform-Regulations-Arrive-Now-What-What-You As discussed in our May 12, 2010 Labor & Employment Law Alert, in March 2010, President Obama signed into law both the Patient Protection and Affordable Care Act ("PPACA") and the Health Care and Education Tax Credit Reconciliation Act ("HCERA"), which supplemented and modified PPACA (this Alert will refer to these two laws collectively as "Health Care Reform" or "Health Reform Laws"). As we noted in our May 12 Alert, Health Care Reform is an on-going process with compliance requirements developing over time, and the pace of those developments has proven to be quite impressive. To date, in just over 3 months since PPACA was signed into law, the Department of Health and Human Services ("HHS"), Department of Labor ("DOL"), and Department of the Treasury ("Treasury") have jointly issued interim final rules on the following four major provisions of Health Care Reform: b5fdae34-f17c-4bc6-ba58-54a1788eceaf Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Department-of-Labor-s-Wage-and-Hour-Division-Provides Companies that require their employees to wear uniforms or protective equipment face a number of complicated issues: Is time spent donning and doffing required uniforms and equipment compensable under the Fair Labor Standards Act ("FLSA")? If so, can the subject be negotiated with a different result through a collective bargaining agreement ("CBA")? What if the workforce is not represented by a union? In the end, does the donning of required uniforms or equipment qualify as a "principal activity" under the Portal to Portal Act, such that subsequent time (even if spent waiting to be engaged or traveling to the worksite) must be paid? fad9dd72-eed1-4e4d-9bd5-3651b1dfd847 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/-i-New-Process-Steel-i-The-Supreme-Court-Sends-The-NLRB The Supreme Court invalidated today almost 600 decisions issued by the two members of the National Labor Relations Board (NLRB) who served for a 27-month period beginning in December, 2007. The Court, in a 5-4 opinion, ruled that the two member panel did not constitute a "quorum" authorized to decide cases under Section 3(b) of the National Labor Relations Act. Section 3(b) is the statutory provision that sets forth the familiar three member panel quorum provisions used by the NLRB in deciding cases. The majority opinion was authored by Justice Stevens, and joined by Chief Justice Roberts, and Associate Justices Scalia, Thomas and Alito. Justice Kennedy, joined by Justices Ginsburg, Breyer and Sotomayer, dissented, agreeing with the government's proposed reading of the statutory provision. 52a0ac1e-51af-48ea-9e70-89a9eacd53df Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Labor-Rights-Poster-Requirement-for-Federal All federal prime contractors who enter into contracts of $100,000 or more, and subcontractors who enter into contracts of greater than $10,000, arising from a solicitation issued by the government on or after June 21, 2010, must post a notice at each of their workplaces informing employees of their rights under the National Labor Relations Act ("NLRA"). A final rule, issued by the Department of Labor May 20, 2010, implements Executive Order 13496, signed by President Obama on January 30, 2009 to supplant the Bush-era "Beck Notice," and mandates the language of the notice. 7b194332-ec0a-45d7-8cc9-e6810cea3399 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/What-Employers-Employees-and-Health-Plans-Need-to-Know Health care reform has been the subject of much public debate and, in many cases, misinformation both about the actual content of the new laws and the ways in which the laws are to be applied and interpreted. Regardless of your point of view, it is clear that health care reform will have a significant impact, not only on the health insurance industry but also on employment and employee benefit issues generally. 6b8f9a9e-840c-4b38-88ee-296ecf55126d Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/What-Should-Large-Employers-Do-Now-Implications-of-em Earlier this week, the Ninth Circuit issued its long-anticipated en banc opinion in Dukes v. Wal-Mart. Dukes v. Wal-Mart Stores, Inc., __ F.3d. __, 2010 WL 1644259 (9th Cir. April 26, 2010). The six-judge majority affirmed the trial court's decision to certify a nationwide Title VII class action against Wal-Mart Stores, Inc. Beyond the simply breathtaking result and practical implications of the decision in the Dukes case -- approval of a class action involving up to 1.5 million current and former employees -- the opinion provides another wake-up call to all large employers regarding the risks they face in 2010 and beyond as they administer pay, promotion, and performance management systems that will be characterized by plaintiffs as involving subjectivity and discretion. Dukes, following on the heels of the Lilly Ledbetter Fair Pay Act in January 2009 and renewed attention at the federal level to the Paycheck Fairness Act, underscores ... 56936838-0ec2-48f4-94bd-c51f05c8a073 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Fourth-Circuit-Enforces-Employee-s-Pre-Filing-Release-of The Fourth Circuit recently ruled that an employee who signed a general release of all federal, state and local claims in connection with his separation from his employer was subsequently barred from bringing a qui tam action under the False Claims Act (FCA). United States ex rel. Radcliffe v. Purdue Pharma, No. 09-1202, __ F.3d __ (4th Cir. 2010). The court held that where the federal government was aware of the fraudulent conduct prior to the filing of the qui tam action, the federal interest served by enforcing releases outweighed the need to provide incentives to individuals to bring qui tam claims. 40863a45-226c-485f-bb62-f868bffea2a1 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Becker-Means-Change-At-The-Labor President Obama has filled two of the three vacancies at the National Labor Relations Board with recess appointments. Joining union-side labor lawyer William Pierce is Craig Becker. Becker is a long-time senior lawyer for the SEIU, and has been a staff attorney with the AFL-CIO since 2004. Becker's appointment has generated enormous controversy. Senate Republicans unanimously joined business groups in opposing the nomination. The principal reason is concern that Becker's views on labor law are outside the historical mainstream. Sen. John McCain (R-Az.) described Becker's appointment as "clear payback by the Administration to organized labor." 778f5b5a-f513-4a48-a8e5-3f82c2aae744 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-FTC-Guidelines-Require-Employers-To-Strengthen-Social The revised guidelines on endorsements and testimonials in advertising, codified at 16 C.F.R. § 255, threaten liability under the Federal Trade Commission Act for both employees and employers if an employee fails to clearly and conspicuously disclose the employer/employee relationship when touting a product or service of the employer, including on a blog, online messaging board, or other social networking platform like Facebook or MySpace. These guidelines target "deceptive" advertising by employees whose endorsements are affected by the "material connections" that exist with their employers but who fail to disclose that such relationships exist. f1838219-023b-405e-bb58-3eec7afe7186 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Congress-Limits-Arbitration-of-Employment-Disputes-by On December 22, President Obama signed into law the 2010 Department of Defense Appropriations Act (H.R. 3326). The spending bill includes a significant amendment, offered by Senator Al Franken of Minnesota, prohibiting certain government contractors from entering into or enforcing arbitration clauses in employment agreements. 1dec9bcc-1f5e-4072-81fb-94e5e3f592ed Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/COBRA-Subsidy-Extended-New-Notice-Requirements As discussed in our February 18, 2009 Special Employee Benefits Alert as well as our October 16, 2009 Employee Benefits Update, the Stimulus Bill, also known as the American Recovery and Reinvestment Act of 2009 ("ARRA"), provides a temporary COBRA subsidy intended to help unemployed workers and their families afford continuation health coverage. Under the ARRA, this COBRA subsidy (i.e., federal subsidization of 65% of the applicable COBRA premium) lasted for 9 months of COBRA coverage and was available to employees who were involuntarily terminated anytime between September 1, 2008 and December 31, 2009. In light of both the persistently high unemployment rates and the rapidly approaching closing of the window for eligibility for this subsidy, Congress enacted and, on December 21, 2009, President Obama signed into law, an extension of the COBRA subsidy. The extension appears as part of the Fiscal Year 2010 Defense Appropriations Act ("DAA") and is ... e99b205a-23cd-42cd-b0bc-536227856b49 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Federal-Court-Grant-of-Motion-for-Summary-Judgment-to A recent case before the U.S. District Court for the District of Maryland emphasizes the importance of employers' prompt remedial actions in addressing complaints of co-worker harassment. 03a2855e-9474-428d-82c2-718ac8f8e0f5 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-State-Department-of-Labor-Issues-Forms-Required As previously reported in our October 27, 2009 Client Alert, New York Labor Law Section 195(1) was amended, as of October 26, 2009, to require employers in the State of New York to provide newly hired employees, upon their date of hire, with written notification of their regular rate of pay, overtime rate of pay (if applicable) and regular pay dates. Employers are further required to obtain from each employee a written acknowledgement of their receipt of such notice. 17038326-04a0-4786-8eb7-d5c6683a6d24 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-York-Employers-Must-Comply-With-New-Notice Starting October 26, 2009, employers in New York must provide newly-hired employees with written notification of their regular rate of pay, overtime rate of pay, if applicable, and the employer's regular pay dates upon their date of hire. Employers are further required to obtain a written acknowledgement from each employee that he or she has received the required notice. 36304601-b54d-4717-aa56-8598a229a9dc Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Employee-Benefits-1352329 While so much of the national focus has been on the pending healthcare reform legislation being discussed in Congress and by President Obama, other important developments in the employee benefits field have recently occurred or are likely to occur in the near term. All three branches of the Government are involved, with the actions of executive agencies and the legislative branch often being intertwined. These developments occupy six distinct areas of continuing concern in the employee benefits field: (1) executive branch initiatives to increase and protect retirement savings; (2) Supreme Court cases involving plan administration and compensation issues; (3) proposals to limit executive compensation; (4) mental health parity regulations; (5) continuing efforts by Congress and the Department of Labor (“DOL”) to require disclosure of fees paid by plans; and (6) further federal and state actions regarding COBRA subsidies. These matters, described in detail below, bear close attention because they will ... 61805aea-9a9a-44a7-974b-ef8a8ad05196 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/DOL-Issues-Proposed-Rule-Implementing-Executive-Order Federal contractors and subcontractors covered by President Obama's Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, will soon be required to post new, lengthy notices of their employees' rights under federal labor law. The U.S. Department of Labor ("DOL") issued its Proposed Rule implementing this Obama Executive Order on August 3, 2009. Notable provisions of the Proposed Rule include the following: cc81084e-c6d1-47df-8683-ec07c575cd34 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Minimum-Wage-Increases-Federally-And-In-16 Effective Friday, July 24, 2009, the federal minimum wage will increase again to $7.25 per hour for all those employees covered under the minimum wage requirements of the Fair Labor Standards Act of 1938, as amended ("FLSA"). 6497b335-a29a-49c3-b7cd-d83722beba72 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Obama-Administration-to-Begin-E-Verify-Enforcement-For The Obama administration has completed its evaluation of the E-Verify rule and will begin enforcing compliance with the rule on September 8, 2009. As a result, federal contractors and subcontractors will be required to use the federal government's E-Verify system to verify the employment eligibility of all new hires in the U.S. and all employees working in the U.S. on federal contracts valued at $100,000 or higher, or "subcontracts" valued at greater than $3,000. However, the future of E-Verify and the obligations of contractors remain uncertain for two reasons: (1) litigation challenging the E-Verify rule, which had been stayed pending the administration's evaluation, may now move forward; and (2) the Senate has approved an amendment to the 2010 Homeland Security spending bill that would expand E-Verify to apply to all existing employees, and not just new hires or those employees working on federal contracts at the thresholds listed above. 2bb8e614-55f0-4732-8111-4ab5b66725f2 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Supreme-Court-Shifts-To-But-For-Test-In-Age-Discrimination The Supreme Court recently made it more difficult for plaintiffs to win discrimination claims based on age. In a decision that may bring about sweeping changes in the litigation of claims brought under the Age Discrimination in Employment Act of 1997 (the "ADEA") and other non-Title VII discrimination cases, the Supreme Court decided last week in Gross v. FBL Financial Services, Inc., No. 08-441, 557 U.S. __, 2009 WL 1685684 (June 18, 2009), that plaintiffs must prove that age is the "but for" cause of the adverse employment action against them. This is a sharp departure from the previous application of a burden-shifting mechanism under which plaintiffs were required to prove by a preponderance of the evidence that age was a "motivating factor" behind the adverse employment action and then employers had the opportunity to prove that the adverse employment action would have occurred absent the illegal motivating factor. e10bddfc-1630-4397-9e00-af2898d6a287 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Fee-Splitting-Provisions-In-Arbitration-Agreements-Subject Reductions in force, particularly in the financial sector, have resulted in a staggering number of employees without work in 2009, some of whom already have brought or likely will bring claims relating to their employment loss. Many firms seeking to avoid the heavy costs of litigation have relied on arbitration agreements as a more efficient and less expensive alternative to resolving employment disputes in court. These agreements often include a provision allocating responsibility for payment of arbitration costs between employers and employees. In Brady v. Williams Capital Group, L.P., 2009 WL 1151322, _ N.Y.S. 2d _ (N.Y.A.D. 1st Dep't April 30, 2009), a New York appellate court issued an important reminder that employers need to scrutinize any fee splitting provisions in their current arbitration agreements. After engaging in a case-specific analysis focused on the plaintiff's ability to pay the arbitration fees and costs, the expected cost differential between arbitration and ... cd8055a6-6d16-481e-9a50-1dbb2734392c Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Full-Speed-Ahead-for-San-Francisco-s-Health-Care-Security Opponents of the San Francisco Health Care Security Ordinance ("Ordinance") were once again disappointed on March 31, 2009, when U.S. Supreme Court Justice Anthony Kennedy refused an emergency request to stop enforcement of the Ordinance. 6c5261cc-91d9-4dc1-a39d-56f7076074b6 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/-em-Reaux-em-Decision-Provides-Wake-Up-Call-for-Employers A recent decision of the district court for the Northern District of Illinois highlights the need to scrutinize Family Medical Leave Act ("FMLA") policies and practices to ensure they are not applied in an overly broad fashion. In Reaux v. Infohealth Mgmt. Corp., 2009 WL 635468 (N.D. Ill. March 10, 2009), the court denied Infohealth's motion to dismiss Ms. Reaux's FMLA claim despite the fact that she was not eligible for FMLA leave under the law. In rendering its decision, the Court found that, while Ms. Reaux failed to meet the definition of an eligible employee under the FMLA because Infohealth employed fewer than 50 employees within a 75 mile radius of Ms. Reaux's worksite ("the 50/75 Rule"), Infohealth was equitably estopped from relying upon a defense of FMLA ineligibility to dismiss the case. 52dba435-dbbc-4b6b-a7c0-81b26c8f4a9f Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Delivers-More-Flexibility-With-Alternative As companies look for ways to restructure their workforces and minimize operating costs in creative ways during this economic downturn, California has made welcome revisions and clarifications to its existing law regarding "alternative workweek arrangements." These alternative workweek schedules, governed by California Labor Code § 500 et seq., are unique to California and allow non-exempt employees to work more than eight hours per day without incurring daily overtime. New legislation, Assembly Bill No. 5 ("AB 5"), effective May 21, 2009, amends California Labor Code § 511, further aligning the law with the realities of business operations and making alternative workweek arrangements more attractive to employees. eb05dbe3-8e3f-4a1c-b820-31e15673db88 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Tenth-Circuit-Enforces-Release-of-em-Qui-Tam-em-Claim Companies seeking to obtain a waiver or settlement of a qui tam action should carefully review the analysis in United States ex rel. Ritchie v. Lockheed Martin Corp., 2009 WL 565517, ___ F.3d ___ (10th Cir. Mar. 6, 2009) to determine whether such agreements will be enforceable. 198f8ccf-aee9-49a5-8b15-a93da5d3fd13 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Card-Check-Legislation-Introduced-In The Employee Free Choice Act, H.R. 1409 and S. 560, was introduced in both the House of Representatives and Senate yesterday, marking a new beginning of a longstanding effort by the labor movement to change the rules of engagement regarding union organizing and collective bargaining. While the EFCA is assured swift passage in the House of Representatives, it remains unclear whether Democrats will be able to muster the 60 votes required to prevent a Republican filibuster. 59a2279b-fe5f-4edd-8368-644d7012f9b6 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Ninth-Circuit-Withdraws-i-Sullivan-v-Oracle-i-Decision On February 17, 2009, a panel of the Ninth Circuit issued an order withdrawing its controversial opinion in Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008). In withdrawing its opinion, the Ninth Circuit asked the California Supreme Court to decide the following issues raised in Sullivan: 5bfc6bab-bd6a-429b-8ad6-5bcf88b4a972 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Economic-Stimulus-Act-Provides-COBRA-Subsidies-And-New As predicted, 2009 is continuing to be an unusually busy year in the employee benefits field. The first few weeks of February have already yielded two important new developments. First, the Obama Administration's Economic Stimulus Act provides a temporary COBRA subsidy intended to help unemployed workers and their families afford continuation health coverage. This subsidy, however, comes with a potential economic burden for employers and also increases the complexity of COBRA administration. Second, the Department of Labor ("DOL") has issued guidance on the defined benefit plan annual funding disclosure requirements mandated by the Pension Protection Act of 2006 ("PPA"). Model disclosures provided by the DOL are intended to inform defined benefit plan participants about the extent to which their plan is sufficiently funded to meet potential retirement benefit obligations. Both the Stimulus Act amendments to COBRA and the new DOL notices necessitate employer and plan action within the next few ... e4c73016-742f-4031-a5f7-2bd2f7fd194b Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Employee-Benefits-1352157 All three branches of the Government have been busy in the employee benefits field in early 2009, taking actions that will necessarily complicate the tasks of plan administration and legal compliance going forward. The Supreme Court has redefined how plans will have to deal with benefit waivers and QDROs, Congress has added new ERISA requirements while passing child health care legislation, and the Obama Administration has put a hold on regulations that would have provided important guidance under ERISA's reporting, disclosure and prohibited transaction provisions. All this, and the economic stimulus bill (which is likely to contain significant employee benefits provisions) is yet to come! Because the actions described below have already occurred in 2009 and will likely require immediate action on the part of employers, plan sponsors and insurance companies, we are publishing this alert now rather than waiting for the passage of the stimulus package. We will, of ... e510fe83-8b06-4435-9558-0264ca0937c6 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Supreme-Court-Weighs-in-on-Plan-Documents-Rule-and-Effect On January 26, 2009, the U.S. Supreme Court, in a 9-0 decision, ruled in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan that the terms of the plan documents will trump an otherwise valid state-court order waiving entitlement to benefits. The Court held that, although ERISA did not prevent a plan beneficiary from waiving entitlement to plan benefits through a general waiver, such a waiver is unenforceable against an ERISA plan where the waiver does not comply with the plan's provisions for changing or altering beneficiary designations. 2c6815a7-d24a-44c4-b4c2-ccdafdb0c8da Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Children-s-Health-Insurance-Law-Amends-ERISA-To-Impose-New The Children's Health Insurance Program Reauthorization Act of 2009 ("CHIPS Act") (H.R. 2, Pub. Law 111-3) was signed into law by President Obama on February 4, 2009. The CHIPS Act, which takes effect on April 1, 2009, extends health coverage to millions of uninsured children. In addition, the CHIPS Act also amends ERISA, the Internal Revenue Code, and the Public Health Service Act to require a new special enrollment period under group health plans, as well as to impose new disclosure requirements on group health plans. e9a513a1-a576-42b2-88d9-9ead1a2595fb Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Obama-Administration-Issues-Pro-Union-Executive One day after signing the Lilly Ledbetter Fair Pay Act, on Friday January 30, 2009 President Obama issued three Executive Orders that signal a significant shift in federal labor policy. The Executive Orders, issued in connection with the President's announcement of the formation of the White House Task Force on Middle Class Working Families, expressly noted the need for "strong labor unions" to support a strong middle class, and the "need to level the playing field for workers and the unions that represent their interests." 5ade5a1f-98d2-400d-bbf0-168d83d01f8a Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Good-News-For-California-Employers-PAGA-Does-Not-Provide-A Shutting down a fledgling cottage industry before it could pick up much steam, the recent California Court of Appeal decision in Deleon v. Verizon Wireless held that a separate Labor Code Private Attorneys General Act of 2004 (PAGA) action may not be brought seeking penalties under the Labor Code when the underlying wage-and-hour claims have already been dismissed with prejudice via a class action settlement. c5f37754-8409-4562-aba0-a8ff79614d47 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Ledbetter-Legislation-Enacted-Now-What Today, President Obama signed the Lilly Ledbetter Fair Pay Act ("Ledbetter Act") into law making it the first piece of legislation the President signed in his new administration. The law overturns the highly publicized Supreme Court decision, Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007), which required an affected employee to file a claim within 180 or 300 days (depending on whether their state has a fair employment agency) of the actual alleged discriminatory decision. The Ledbetter Act amends Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act of 1973 to allow an employee to file a charge for discrimination in pay within 180 or 300 days of the date when the employee is affected by a discriminatory wage decision or practice. 23e16603-11f8-4cbf-9579-609feeff4303 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/New-Law-Provides-Pension-Funding-Relief-And-Other-Measures The Worker, Retiree, and Employer Recovery Act of 2008 ("WRERA") ( H.R. 7327, Pub. Law 110-458), which passed both the House and the Senate unanimously, was signed into law by President Bush on December 23, 2008. WRERA makes numerous technical corrections to the Pension Protection Act of 2006 ("PPA") and also contains several sections providing specific pension-related relief in response to the current economic crisis. In general, the economic-relief provisions are designed to provide plans and participants with methods for dealing with large losses to plan accounts or plan assets due to the market turbulence of 2008. 822977eb-e393-4828-a582-da8d9ddff05f Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Three-WARNings-for-Employers-Facing-Layoffs-Or-Bankruptcy As 2009 approaches, the worsening economy will force many employers to downsize, relocate, and, in some cases, contemplate bankruptcy. These decisions will trigger obligations under a variety of laws, including the federal and state1 Worker Adjustment and Retraining Notification ("WARN") Acts. 44552a1e-2086-4b6b-b03a-ca0422199246 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Employee-Benefits-Year-End-Round Employee Benefits issues were prominent in 2008, and as the year draws to a close, it is a good time both to remind everyone of pending compliance deadlines for new DOL and IRS requirements and to draw attention to recent legislation and judicial decisions that likely will have important ramifications in 2009 and beyond. 5971a13a-01a3-45c6-b051-c1c6bace7f22 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Expansions-of-Coverage-Requirements-for-Group-Health-Plans On October 3, 2008, President Bush signed into law the Emergency Economic Stabilization Act of 2008 ("EESA"). Subtitle B of the EESA contains the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 ("MHPAEA"), which amends the mental health parity provisions in ERISA, the Public Health Service Act and the Internal Revenue Code to both eliminate the sunset provision under which those existing provisions would have expired on December 31, 2008, as well as to add new requirements regarding mental health and substance use disorder benefits. Apart from the elimination of the sunset provision, the MHPAEA applies for plans years beginning after October 3, 2009 (i.e., for plans with a calendar-year plan year, January 1, 2010). (A special rule for plans maintained pursuant to a collective bargaining agreement may act to extend this effective date for such plans.) e2c33124-6cf9-4e42-8aee-c9ada05a1d42 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Ninth-Circuit-Holds-that-San-Francisco-Health-Care Despite the interest in health care reform expressed by both Presidential candidates in the recent election, federal health care reform is still a long way off. States and local governments have, therefore, begun acting to fill this void. The City of San Francisco entered this arena in July 2006, by adopting its Health Care Security Ordinance (the "Ordinance"). The Ordinance has two major components: First, it establishes a city-administered health care program that prioritizes services for low and moderate income persons within the city limits (persons who live outside of the city may be entitled to establish a medical reimbursement account with the city). Second, it requires all covered employers (those with at least 20 employees or non-profit corporations with at least fifty employees) to make a level of health care expenditures of between $1.17 and $1.76 per hour (depending on several factors) for each covered employee (generally speaking, those ... 8bf8e66a-49c0-4439-a901-bb45b3a9d17e Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Revised-FMLA-Regulations-Clarify-Employer The Department of Labor (DOL) has published its much anticipated Final Rule, revising existing regulations interpreting the Family and Medical Leave Act of 1993 (FMLA). The revised regulations also interpret the National Defense Authorization Act for FY 2008 (NDAA), which earlier this year extended FMLA protections to "military caregivers" and "qualifying exigency leaves." The Final Rule, which spans 750 pages, is effective January 16, 2009. 9231a53e-6529-4e5d-a2fb-1b4ee2a2051d Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/The-District-of-Columbia-s-New-Paid-Sick-Leave-Law-Goes Beginning this week, employers in Washington, D.C. are required to provide paid sick and "safe" leave benefits to their employees. In May, 2008, the District of Columbia passed the Accrued Sick and Safe Leave Act of 2008 ("Act"). Employers must comply with the Act's requirements by November 13, 2008. 1640f479-5485-4dbd-b259-8fdbdf347f0b Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Is-Card-Check-In-Your-Future On Tuesday the nation elected a new president. On Wednesday organized labor took credit. Union leaders used the election results to renew their call for legislation that would dramatically change the rules of engagement in U.S. labor-management relations. Some version of what we call "card check" legislation is likely to be the principal labor/employment legislative priority of President Obama's administration. a0636d6a-6c18-4ab2-ae4c-f9302011f53a Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/After-the-California-Supreme-Court-Grants-Review-Of The California Supreme Court announced that it will review the Court of Appeal's decision in Brinker Restaurant Corp. v. Superior Court, Swiftly thereafter, the California Department of Labor Standards Enforcement ("DLSE") issued a new memo setting forth its enforcement policy concerning meal periods. 96ff7098-912e-4124-8f1f-0714e5b65138 Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/ADA-Amendments-Act-Rejects-Supreme-Court-Decisions The ADA Amendments Act, passed by the Senate on September 11, 2008 and by the House of Representatives on September 17, 2008, is expected to be signed into law by President Bush. It will become effective January 1, 2009. If signed, the law will expand protections offered by the Americans with Disabilities Act ("ADA") by overruling two Supreme Court decisions that some believe have restricted the protections of the ADA to a more narrow group of individuals than Congress intended. The major features of the Amendments Act, which embody compromises negotiated among the U.S. Chamber of Commerce, other business groups, and the disability community, are summarized below. 5047ed71-f918-43f3-9469-93f4ec77e573 Wed, 21 Sep 2011 18:14:17 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/California-Supreme-Court-Leaves-Intact-Broad-Prohibitions On August 7, 2008, the California Supreme Court issued its opinion in Edwards v. Arthur Andersen, LLP, putting to rest the question of whether limited or so-called "narrow-restraint" employee non-compete agreements were permissible under California law. e3730508-16c6-4350-8337-0b700397e7de Fri, 08 Apr 2011 17:38:04 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Labor-Employment-Law-Alert-US/Anxiously-Awaited-em-Brinker-em-Decision-Holds-That On July 22, 2008, the Fourth District California Court of Appeal issued its long-awaited revised decision in Brinker Restaurant Corp. v. Superior Court. The Brinker matter came to the Fourth District on appeal from a class certification order, in which the trial court granted certification for a class of employees "who have not been provided with meal and rest breaks in accordance with California law. . . ." Defendant Brinker Restaurant Corp. ("Brinker") argued against certification, contending that meal and rest periods need only be provided, not enforced, and that whether Brinker employees took their meal and rest breaks thus became a "hopelessly individualized" inquiry not amenable to class treatment. The trial court, however, explicitly granted class certification without resolving the legal question of how much Brinker Restaurant Corp. must do to "provide" meal and rest periods to comply with the Labor Code. The question before the Court of Appeal ...