Legal Updates

Federal Court Adopts Broad Scope for Claims under New York State and City Human Rights Laws

[2/8/2010] The New York State and New York City Human Rights laws provide for significant remedies for prevailing plaintiffs. Unlimited compensatory damages are available under State law and unlimited compensatory damages, unlimited punitive damages and attorneys' fees are available under City law. read more »

New Notice Requirement of Group Health Plan Sponsor CHIPRA Premium Assistance

[2/8/2010] The Children's Health Insurance Program Reauthorization Act of 2009 ("CHIPRA") imposes certain notice requirements on employers maintaining group health plans. Under CHIPRA, beginning in April 2009, employers sponsoring group health plans must provide notice of the new special enrollment rights read more »

California Employers Required to Provide Another Protected Leave of Absence

[2/8/2010] The Civil Air Patrol Employment Protection Act now requires California employers with 15 or more employees to permit employees who have been employed 90 or more days to take a leave of absence to respond to an emergency operational mission of the California Wing of the Civil Air Patrol. An read more »

U.S. DOT Proposes Requiring Drug Testing for Ecstasy, Lowering Cutoff for Cocaine and Amphetamines

[2/8/2010] The U.S. Department of Transportation ("DOT") published a Notice of Proposed Rulemaking to make DOT's drug testing procedures consistent with new U.S. Department of Health and Human Services' ("HHS") requirements that would take effect on May 1, 2010. Highlights of the February 4, 2010, proposed read more »

U.S. DOT Issues Regulatory Guidance to Ban Texting While Driving by Commercial Motor Vehicle Drivers

[2/4/2010] The U.S. Department of Transportation's Federal Motor Carrier Safety Administration ("FMCSA") has published regulatory guidance prohibiting texting while driving by commercial motor vehicle drivers. The guidance interprets 49 C.F.R. § 390.17, "Additional equipment and accessories." read more »

OSHA Proposes to Restore MSD Column on "300 Log": Ergonomics Rule In the Offing?

[2/3/2010] In a move sure to be viewed by some as a prelude to a new ergonomics rulemaking, OSHA has proposed adding a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs). (The initial 2001 recordkeeping final rule had included an MSD column, but OSHA read more »

Court Sanctions Parties for Lax Electronic Preservation Efforts

[2/3/2010] For years, we have emphasized the need to preserve electronic evidence, warning of the consequences if electronic evidence was deleted or destroyed. Now, a new decision highlights the potential sanctions against litigants even where the failure to preserve was not the result of an intentional act read more »

Ruling Highlights Need for Confidentiality of Medical Information Disclosed During Test Review

[2/2/2010] An applicant who was not hired after testing positive for drugs used to control his epilepsy was permitted to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied read more »

Complying with NYSDOL's New Hire Wage Notices – The Saga Continues

[1/28/2010] Since October 26, 2009, New York employers have been required to notify all new hires in writing of their hourly rate, overtime rate (if applicable) and payday and receive a written acknowledgment of such notification. Shortly after the law's effective date, the New York State Department of Labor read more »

Travel to the U.S.: Update for Visitors Using the Visa Waiver Program

[1/28/2010] Use of the Electronic System for Travel Authorization (ESTA) is now mandatory for all travelers entering the U.S. on the Visa Waiver Program. ESTA applies only to persons seeking to enter the U.S. as visitors on the Visa Waiver Program. U.S. citizens and Legal Permanent Residents ("green card" read more »