On October 14, 2001, California Governor Gray Davis signed legislation requiring that employers provide certain benefits to domestic partners of employees and otherwise extending to domestic partners certain protections that...
Category: General Employment Issues
Nov 15, 2001
General Employment Issues
Second Circuit Refuses to Enforce Department of Labor Regulation Which Effectively Broadens Class Of Employees Eligible for FMLA Leave
The Second Circuit Court of Appeals has joined several other federal courts in refusing to enforce 29 C.F.R. § 825.110(d), a regulation promulgated by the Department of Labor under the Family and Medical Leave Act (the...
Oct 15, 2001
General Employment Issues
Ninth Circuit Establishes Employer’s Notice Obligations Under the FMLA
By decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...
Sep 14, 2001
General Employment Issues
Employer’s Failure to Designate Short-Term Disability Leave as FMLA Leave Does Not Entitle Employee to Additional Time Off
y decision dated September 6, 2001, the Honorable John G. Koetl of the Southern District of New York joined numerous other federal courts in refusing to enforce certain Department of Labor (“DOL”) regulations...
Jun 05, 2001
General Employment Issues
New Jersey Supreme Court Decision Restricts Employees’ Use of Employer’s Customer List To Set Up Competing Business
The New Jersey Supreme Court recently issued a decision that limits the ability of employees to use of an employer’s customer list to set up a competing business, ruling that customer information may be protectible...
May 01, 2001
General Employment Issues
Exempt Employee Paid At An Hourly Rate While Working A Reduced Schedule For FMLA-Qualifying Reasons Not Eligible For Overtime Pay
The U.S. Court of Appeals for the Ninth Circuit Court of Appeals recently ruled that an injured employee’s reduced work schedule was properly characterized as protected, unpaid leave under the Family Medical Leave Act...
Apr 17, 2001
General Employment Issues
Bush Administration Revokes Occupational Safety and Health Administration.s Ergonomic Rules
On March 20, 2001, President George W. Bush signed a bill repealing the Federal Occupational Safety and Health Administration’s (“OSHA”) ergonomic rules. This action by the President followed votes by both...
Apr 17, 2001
General Employment Issues
Proposed Federal Legislation Would Prohibit Arbitration Clauses Covering Statutory Employment Claims
On the heels of the United States Supreme Court’s ruling in Circuit City, Inc. v. Adams, No. 99-1379, proposed legislation has already been introduced in Congress to overturn the Supreme Court’s ruling....
Mar 22, 2001
General Employment Issues
Supreme Court Determines That The Federal Arbitration Act Applies To Employment Disputes
On March 21, 2001, a divided United States Supreme Court ruled that the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, permits employers to require employees to arbitrate work-related disputes. Circuit City...
Mar 15, 2001
General Employment Issues
Revisions to Occupational Safety and Health Administration Injury/Illness Recordkeeping System
The Occupational Safety and Health Administration (OSHA) has revised its rules pertaining to recording and reporting of occupational injuries and illnesses. The new rules, which become effective on January 1, 2002, simplify...