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Selected items by law firms recently posted on the Internet

Selected items by law firms recently posted on the Internet
Source: Lexology in cooperation with the Association of Corporate Counsel
[Click on caption to access item posted on the Internet]

Connecticut appellate court confirms court has the power to remand case to arbitration panel for clarification
Goldberg Segalla LLP
An insurance company sought to vacate an arbitration award surrounding an explosion at a coal fired electrical generating facility in Arkansas that caused more than $28 million in damages.

In Granite Rock decision, Supreme Court reinforces courts? role in determining arbitrability - justices also reject invitation to create common law tortious interference claim under Section 301
Holland & Knight LLP
In its final labor and employment decision of the 2009-10 term, Granite Rock Company v. International Brotherhood of Teamsters, No. 08-1214, the Supreme Court reinforced the courts? role in deciding disputes over whether and when an agreement to arbitrate a dispute comes into existence.

New York - Faragher-Ellerth defense not applicable under the New York City Human Rights Law
Kramer Levin Naftalis & Frankel LLP
In Zakrzewska v. The New School, 14 N.Y.3d 469 (2010), the New York Court of Appeals settled the open question of whether the Faragher-Ellerth affirmative defense available under federal law applies to sexual harassment and retaliation claims brought under the New York City Human Rights Law (?NYCHRL?).

United States Department of Labor to revise regulations on reporting of costs related to union organizing campaigns
Bond Schoeneck & King
As part of its Spring 2010 regulatory agenda, the U.S. Department of Labor (?USDOL?) has indicated it plans to revise its longstanding interpretation of federal law on the reporting and disclosure requirements for employers in connection with a union?s organizing campaign.

FLSA update: clothes-changing exception does not apply to protective gear
Dinsmore & Shohl LLP
On June 16, 2010, the Department of Labor (DOL) issued one if its newly-introduced "Administrator Interpretations" to provide guidance on whether protective gear counts as "clothes" under Section 203(o) of the Fair Labor Standards Act (FLSA).

California - California appeals court finds viable wrongful termination claim for firing employee based on prior employer's noncompete
Baker & Hostetler LLP
In Silguero v. Creteguard, Inc., No. B215179, (decided July 30, 2010), a California Court of Appeals held that a terminated employee had a viable claim for wrongful termination in violation of public policy against the employer who terminated him in accordance with a prior employer's noncompete agreement with the employee.

Company pays $55,000 to settle sexual harassment lawsuit
Masuda Funai Eifert & Mitchell Ltd
Recently, the US Equal Employment Opportunity Commission ("EEOC") announced that Trinity Products, Inc ("Trinity"), a manufacturer of billboards and signposts, agreed to pay $55,000 to settle a sexual harassment and retaliation lawsuit filed by the EEOC.

Threatening language may support claim of hostile environment, even without sexual references
Ogletree Deakins
For the second time in as many weeks, a federal appeals court decision rests on the determination that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an "Equal Opportunity Harasser" who makes crass and offensive remarks to "everyone, regardless of gender.

The ADA Amendments Act: slowly making its way into court decisions
Greenberg Traurig LLP
The ADA Amendments Act (ADAAA) became law on January 1, 2009, but in reviewing some recently reported decisions, you would not know it.

California - Court finds that union speech is not to be afforded special treatment
Sheppard Mullin Richter & Hampton LLP
A recent case has provided important guidance as to whether employers may restrict the types of speech that take place on their property.

IRS issues HIRE Act guidance on self-employed individuals and more
McGuireWoods LLP
The IRS has updated the HIRE Act frequently asked questions section (FAQs) on its webpage to address additional issues relating to the HIRE Act's payroll tax exemption.

In Granite Rock decision, Supreme Court reinforces courts? role in determining arbitrability - justices also reject invitation to create common law tortious interference claim under Section 301
Holland & Knight LLP
In its final labor and employment decision of the 2009-10 term, Granite Rock Company v. International Brotherhood of Teamsters, No. 08-1214, the Supreme Court reinforced the courts? role in deciding disputes over whether and when an agreement to arbitrate a dispute comes into existence.

The ADA Amendments Act: disability claims are increasing
Kramer Levin Naftalis & Frankel LLP
Employers should be prepared to confront more disability-related claims and lawsuits in the coming years.

Interim final regulations issued on preexisting conditions, lifetime and annual dollar limits on benefits, rescissions and patient protections
Reinhart Boerner Van Deuren SC
The Departments of Treasury, Labor and HHS jointly issued interim final regulations implementing the provisions of the Patient Protection and Affordable Care Act (PPACA) on preexisting condition exclusions, lifetime and annual dollar limits on benefits, rescissions and patient protections.

Annual open enrollment materials for calendar-year group health plans
Reinhart Boerner Van Deuren SC
The annual open enrollment period is approaching for many calendar-year group health plans.

DOL issues new fee disclosure rules for retirement plans
Franczek Radelet PC
The Department of Labor has issued interim final rules that require certain types of ERISA retirement plan service providers to disclose specific fee information directly to plans.

Internal claims/appeals and external review processes under health reform
McGuireWoods LLP
On July 22, 2010, the Department of the Treasury, Department of Labor, and Department of Health and Human Services (Departments) published Interim Final Regulations (Regulations) setting out new requirements for internal claims and appeals, and external review processes under the Act.

DOL issues interim final regulation regarding service provider fee disclosure
Goodwin Procter LLP
In recent years, significant attention has been focused on the compensation paid to entities that provide investment management, recordkeeping, and other services to 401(k) plans and other retirement plans subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA").

DOL takes aim at hidden retirement plan fees
Kilpatrick Stockton LLP
On July 16, 2010, the Department of Labor (DOL) issued interim final regulations under the Employee Retirement Income Security Act of 1974 (ERISA) that intend to shine a light on the still murky world of retirement plan fees.

SRP announces "community solar" program for schools
Lewis and Roca LLP
The Salt River Project (SRP) has announced a plan to allow schools to receive solar electricity without any upfront costs by purchasing output from a single large PV plant.

Roberts v. Kagan and the first First Amendment
Jackson Walker LLP
In two 2010 decisions which, according to New York Times legal writer Adam Liptak, "suggest that the Roberts Court is prepared to adopt a robustly libertarian view of the constitutional protection of free speech," the U.S. Supreme Court struck down two federal statutes as unconstitutional encroachments of the First Amendment.

Recent decisions in private sector qui tam cases
Gibson Dunn & Crutcher LLP
As discussed in Gibson Dunn's prior communications, there are two primary avenues to seek the early dismissal (ie, before discovery) of a qui tam action brought against a school.

Full post as published by New York Public Personnel Law on August 24, 2010 (boomark / email).