There Is Nothing Neutral About a Neutrality Agreement
by Joshua H. Viau
Realizing that many employees are no longer as receptive to union representation, union organizers have been forced to develop new methods of bringing unions into today’s work force. One commonly adopted method is the “corporate campaign” against the employer. Characterized as a “death by a thousand cuts,” such campaigns can include mass media movements, product boycotts, picketing homes of upper level management, obtaining support from local political and religious leaders and filing baseless charges with governmental entities (OSHA, EEOC, EPA). While some of these devices are meant to expose a company’s "weak points," often the goal is to secure the company’s consent to a “neutrality agreement.”
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New Regulations Governing Genetic Questions Are Issued: Employers Must be Wary of GINA
by John C. Stivarius, Jr.
Although the Genetic Information Nondiscrimination Act (GINA) of 2008 took effect on May 21, 2008, the regulations have taken some time for the various Departments of the government to write and develop. Recently, the Internal Revenue Service, through the Department of the Treasury, issued a set of regulations governing subtitle K of GINA, which affects the type of questions that employers may ask of employees and potential new hires and candidates for employment. Subtitle K covers group health plan requirements originally regulated under the Health Insurance Portability and Accountability Act (HIPAA).
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But I Received a Glowing Performance Review!
by Brendalyn L. Lumpkins
To weather the dire state of the economy, many employers have been forced to eliminate and/or consolidate positions to reduce costs. Inevitably, when positions are eliminated and employees are laid off, questions arise regarding the legality of the employment decisions. In this regard, far too often, employers’ efforts to defend lay off decisions are complicated by incomplete or inaccurate performance reviews.
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Contract and Tort Claims
by William D. Deveney
Most employers train their managers and supervisors on applicable federal, state, and local anti-discrimination laws. But a much smaller number of employers conduct training on general contract and tort law that may also serve as a basis for employment-related lawsuits. (Lawyers struggle to define precisely what a “tort” is, but it generally means a wrongful act that is not based on a contract.) Because contract and tort claims can prove every bit as problematic — and costly — as discrimination claims, however, employers should incorporate training in these areas of the law into their management training.
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FMLA Military Leave Rights Have Been Expanded
by Patrick L. Lail
On October 28, 2009, President Obama signed the 2010 National Defense Authorization Act (NDAA) which expands coverage for military exigency leave and military caregiver leave under the Family and Medical Leave Act (FMLA). In 2008, an earlier NDAA signed by President Bush created the categories of military exigency and caregiver leave under the FMLA. The changes in the 2010 NDAA provide exigency leave coverage to family members of those in a regular component of the Armed Forces during deployment to a foreign country. Provisions also expand caregiver leave to assist with treatment for an injury or illness incurred within a five year period before the leave. The changes take effect immediately.
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Recent Media Mentions
11-15-09 - Law Seeks to Ban Misuse of Genetic Testing The New York Times. Quotes by John C. Stivarius Jr.
11-10-09 - GINA adds basis of discrimination to EEO law SmartAnswers for Fed Managers. Quotes by John C. Stivarius, Jr.
10-26-09 - What to do when your employees get the flu Lawyers USA. Quotes by Patrick L. Lail.
10-23-09 - Employers brace for flu season Lawyers USA. Quotes by Patrick L. Lail.
10-03-09 - Protecting your company's proprietary information The Cherokee Tribune. Article by Rob Capobianco.
09-27-09 - Employers seek dose of advice on flu shot problems The Atlanta Journal-Constitution. Quotes by Douglas H. Duerr.
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