April 1, 2011

Supreme Court Decision Allows Unionized Employers Flexibility in Arbitrating Discrimination Claims

In a recent decision, the Supreme Court held that where an employer and a union negotiate contract language, which expressly requires the arbitration of statutory discrimination claims, employees who such claims must arbitrate them in accordance with procedures outlined in the parties' collective bargaining agreement. Read more...

Municipal Bankruptcy: Is It An Option?

A recent California case has highlighted the potential for municipals to use bankruptcy to deal with labor costs during the term of a bargaining agreement. Read more...

Court of Appeals Limits NLRB Jurisdiction Over Religious-Affiliated Schools

On March 13, 2009, the U.S. Court of Appeals for the District of Columbia held that academic institutions, which have religious affiliations with recognized religious organizations, are exempt from the jurisdiction of the National Labor Relations Board. Read more...

Annual Funding Notice For Defined Benefit Plans For Plan Years Beginning in 2008

The Pension Protection Act of 2006 ("PPA") requires the sponsors of defined benefit plans covered by ERISA to provide an "annual funding notice" to plan participants and other parties within 120 days after the end of each plan year beginning after 2007.

Immigration Law Update

United States Citizenship and Immigration Services (USCIS) has published the revised Form I-9 and M-274, Handbook for Employers for use beginning April 3, 2009. Also, the implementation date of a regulation requiring certain federal contractors and subcontractors to participate in E-Verify has been delayed until May 21, 2009. Read more...

Employment Practices Liability Insurance Update

From time to time, clients face issues regarding Employment Practices Liability Insurance. Such issues include deciding whether to buy or renew such coverage, negotiating beneficial terms, understanding how to proceed if a potentially-covered claim arises, and dealing with coverage disputes. This update provides a refresher regarding some of those key issues. Read more...

The New FMLA Regulations: Are You in Compliance?

On January 16, 2009, new regulations for the Family Medical Leave Act (FMLA) went into effect. Changes include new categories of FMLA leave, new postings and forms, and changes in certification. Read more...

New Rules Proposed to Implement the Genetic Information Non-Discrimination Act (GINA)

On Monday, March 2, 2009, the EEOC released its proposed regulations to implement Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). Title II of GINA is designed to extend to individuals — in the area of genetic information — the same procedures and remedies as are provided under Title VII of the Civil Rights Act of 1964.

Employee Free Choice Act Brought Before Congress: A Change in Labor Law to Follow?

Democratic leadership in the House and Senate have introduced the Employee Free Choice Act. This amendment to the National Labor Relations Act amends the NLRA's provisions on how employees select unions to be their collective bargaining representative (and how unions organize those employees), how unions and employers bargain collective bargaining agreements (especially in "first contract" situations) and how the National Labor Relations Board remedies unfair labor practices committed during a union organizing campaign.