Highlighted Posts

Posts from October 2009.

By Laurel Cornell

On October 28, 2009, President Obama signed the National Defense Authorization Act of 2010, which made several key amendments to the military family leave provisions of the FMLA:

•           The Act expands qualifying exigency leave to cover

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all eligible family members (spouse, son, daughter, parent, or next of kin) of  ...

By Debra Dawahare

The U.S. Center for Disease Control (“CDC”) reports that between August and October 2009,  there were nearly 5,000 flu-related hospitalizations nationwide, with 24% of such admissions affecting persons aged 25-49. The New York Department of Health has issued emergency regulations, effective as of August 2009 ...

By Debra H. Dawahare

On October 6, 2009, U.S. House of Representatives Member George Miller of California introduced H.R. 3721, a bill intended to amend the Age Discrimination in Employment Act of 1967 to clarify the appropriate standard of proof in an age discrimination case.  The statute’s proposed title is “Protecting Older Workers ...

By George J. Miller

To help our readers follow union election activity in our practice area, we will occasionally post election statistics and other information, such as locations of activity and the companies and unions involved.  For starters, here is the big picture, using nationwide statistics from election reports of the National Labor ...

By George J. Miller

It is common practice for employers to “get it in writing” when conducting workplace investigations.  However, when it comes to employees complaining about wage and hour violations, a new court decision cautions against this practice.  In a case involving a Saint Gobain Performance Plastics plant in Wisconsin, a federal ...

By Michael D. Hornback

An Atlanta, Georgia jury has returned a $9.2 Million award against AME Financial Corp. and its CEO, James L. Pefanis, in a sexual harassment case.  The jury was required to take the plaintiff’s allegations as true after the federal judge issued a default verdict in favor of the plaintiff based upon the court’s finding that ...

By Edwin S. Hopson

The Senate Committee on Health, Education, Labor and Pensions held an Executive Session on October 21, 2009, on numerous nominations including those of three nominees for the National Labor Relations Board: 

Harold Craig Becker-a Democrat and assistant general counsel for the AFL-CIO and SEIU;

Mark Gaston Pearce-a Democrat ...

By LaToi D. Mayo

GINA was first introduced in the House in 1995, finally passed in 2008 and signed into law by President G. W. Bush in May 2008.  GINA includes two titles. Title I amends portions of the Employee Retirement Income Security Act (ERISA), the Public Health Service Act, and the Internal Revenue Code, and addresses the use of genetic ...

By Latoi D. Mayo

USERRA litigation is quickly becoming an emerging issue in the employment arena.  Whether returning from combat or other military service, increasing numbers of service members are actively protecting their employment rights under the federal law providing for reemployment rights of veterans and returning service ...

By Michelle D. Wyrick

The Veterans’ Employment and Training Service (“VETS”) has announced an enforcement grace period for filing VETS-100 and VETS-100A reports.  Although the filing deadline for the 2009 VETS-100 and VETS-100A reports was September 30, 2009, because of the high volume of e-mails and calls to the VETS-100 help desk ...

by George Miller

On September 23, 2009, the House Labor Committee opened hearings on the Employment Non-Discrimination Act of 2009 (H.R. 3017), otherwise referred to as ENDA.  ENDA is sponsored by Rep. Barney Frank (D – MA) and has been introduced in previous sessions of Congress.  ENDA would prohibit employment discrimination, preferential ...

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