Archive for the ‘Federal Labor Law’ Category

In the wake of a spate of high-profile employee class action lawsuits on excessive 401(k) fees, the Employee Benefits Security Administration (EBSA) has jumped into the fray with the publishing of a final rule of the transparency of fees and expenses associated with 401-(k)-type retirement plans. Plan administrators will now have to provide detailed, plain-language [...]

In its just-released Performance and Accountability Report (PAR) for fiscal 2010, the Equal Employment Opportunity Commission (EEOC) says it is "rebuilding" and reducing its backlog of discrimination claims needing action. Though a record number of of claims–99,992–were filed in the fiscal year, the inventory of claims to resolve rose less than 1 percent, from 85,768 [...]

The National Labor Relations Board (NLRB), which is increasingly more pro-employee under the Obama administration, is suing American Medical Response (AMR) of Connecticut for firing an employee over remarks she posted on her Facebook page. Annemarie Souza, an emergency medical technician, was sacked after an incident in which a supervisor asked her to respond to [...]

The Equal Employment Opportunity Commission (EEOC), tasked with pursuing discrimination claims under a variety of federal laws, has broken new ground by filing a lawsuit for obesity discrimination under the Americans With Disabilities Amendments Act (ADAAA). The ADAAA greatly expands the definition of disability and makes it just as illegal to discriminate against the actually [...]

The Office of Federal Contract Compliance Programs (OFCCP), which conducts compliance audits of firms with federal contracts, has announced that it will no longer inspect I-9 employee eligibility forms during its visits. Under a Memorandum of Understanding (MOU) with Immigration and Customs Enforcement (ICE), OFCCP had previously verified I-9 compliance and reported violations to ICE. [...]

Immigration and Customs Enforcement (ICE) officials report that they conducted 2,200 on-site audits of businesses in FY 2010 to verify employees’ eligibility to work in the United States, resulting in a record $50 million-plus in fines. ICE, the enforcement wing of the United States Citizenship and Immigration Service (USCIS), no longer stages round-ups of suspected illegal immigrants [...]

The Equality Act, which became law on Oct. 1, 2010, prohibits an employer from asking a job applicant questions about his or her health. The restriction applies only to pre-hire questioning, meaning that a job can be offered on the condition that the person undergoes a health screening or questionnaire. The catch here, however, is [...]

In its annual survey of corporate legal departments, Fulbright and Jaworski L.L.P. found that 87 percent of respondents have been involved in employment and labor lawsuits in 2010, up from 83 percent in 2009, while 53 percent of those responding actually initiated the legal action, up from the prior year’s 46 percent.  Overall, 93 percent [...]

Arizona will raise its minimum wage 10 cents above the federal rate on Jan. 1, 2011, bringing it to $7.35 an hour In 2006, Arizona voters enacted the “Raise the Minimum Wage for Working Arizonans Act.” This law provides for annual minimum wage rate hikes based on increases in the cost of living. The cost [...]

Congress has passed and the president signed legislation expanding on the rights of disabled persons to use, access and enjoy the benefits of modern technology on computers, smartphones, televisions and other communication devices. "The 21st Century Communications and Video Accessibility Act will make it easier for people who are deaf, blind or live with a [...]