Legal Updates

Social Media in the Workplace: Managing the Risks

[3/9/2010] Social media applications, such as blogs, social networking, and video sharing, have surged in popularity over the past few years. They are now used by employees in almost every workplace. Forward-thinking companies around the world are embracing social networking and blogs for branding, client read more »

ICE Issues Form I-9 Audit Notices to 180 Employers in Five States

[3/9/2010] The Immigration and Customs Enforcement ("ICE"), a division of the Department of Homeland Security, has announced that it is issuing notices of inspection to review the hiring records of 180 employers in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. According to the March 2 announcement read more »

Obama Administration Seeks to Change Way Government Contracts Are Awarded

[3/8/2010] The Obama Administration appears to be planning to hike wages and benefits for workers nationwide by changing how the government awards contracts. The plan reportedly would favor private companies that offer employees better pay, health coverage, pensions and other benefits for contract read more »

New York Department of Labor Revises State WARN Act Regulations

[3/5/2010] The New York State Department of Labor has issued revised emergency regulations under the New York State Worker Adjustment and Retraining Notification Act (NYS WARN). NYS WARN became law in August 2008 and took effect on February 1, 2009. The revised regulations replace the January 2009 WARN read more »

Federal Courts in New York Continue to Enforce Arbitration Agreements

[3/3/2010] Many employee groups have been lobbying the federal government to limit employers' ability to require mandatory arbitration for resolution of employment disputes. Jackson Lewis also has joined the debate. Even as the future of pre-dispute arbitration agreements is considered in the Legislature, read more »

Second Circuit Dismisses ADA and FMLA Claims

[3/2/2010] Where regular attendance is an essential job function of a position, the Americans with Disabilities Act and the Family and Medical Leave Act would not shield from termination an employee chronically absent from work, a federal appeals court in New York has held. VandenBroek read more »

Supreme Court Ruling May Help Employers Find a More Level Playing Field in Litigation

[3/2/2010] A U.S. Supreme Court decision may make it easier for corporate employers to avoid defending wage and hour, employment and other lawsuits in state courts, which are "home" forums to their adversaries and often are seen as favorable to plaintiffs. Employers generally can remove cases filed read more »

Overview of 2009 State Legislation Related to the Workplace

[3/1/2010] Human Resources Professionals and in-house counsel not only must keep up with federal legislation and regulation, but also must remain abreast of state law developments. In 2009, many states enacted legislation relevant to and imposing obligations on private sector employers. These pertain to read more »

State "Kin Care" Statute Does Not Apply to Uncapped Sick Leave Plans, California Supreme Court Rules

[3/1/2010] The California Supreme Court, in a unanimous decision, has held California's "kin care" statute does not apply to employer sick leave policies that provide an uncapped or unlimited amount of paid leave to employees. McCarther read more »

Changes to Solicitation and Distribution Rule Requirements on the Horizon?

[3/1/2010] An employer's rule limiting employee solicitation on premises is unlawful because, although it contains an otherwise lawful "working time" restriction, it fails to explain the meaning of "working time," a Regional Director of the National Labor Relations Board has alleged. The agency complaint, read more »