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Selected articles concerning employment related issues noted by law firms

Selected articles concerning employment related issues noted by law firms
Source: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]

Click on the Heading of the item to access the full text of the article.

DOL continues to scrutinize independent contractor status
Seyfarth Shaw LLP
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) continues to focus significant investigative resources on FLSA issues related to the employment relationship, including independent contractor status, joint employment, and the franchise relationship.

When employees die, who gets their last paycheck?
EpsteinBeckerGreen
This is not the most pleasant topic, I know, but a client recently asked this question after one of their Florida employees was tragically shot and killed.

Potential new credit traps for employers
Williams Mullen
Under the Fair Credit Reporting Act (FCRA), employers are permitted to use consumer reports in making employment decisions so long as they follow the proper notice, authorization, and disclosure requirements set forth in the FCRA.

FMLA coverage expanded to bereavement leave Based on estoppel theory
Ballard Spahr LLP
If an employee tells her supervisor that she needs Family and Medical Leave Act leave for bereavement reasons, and the supervisor approves it, an employer may be bound to honor the commitment, even though the FMLA does not cover bereavement leave.

IRS announces how exempt organizations can claim new health care tax credit
Proskauer Rose LLP
In our April 7, 2010 blog entry on the health care tax credit, we explained that the credit was designed to encourage small employers, including exempt organizations, to offer health insurance coverage for the first time or maintain the coverage they already have.

HHS issues guidance on waiver of annual limit restrictions on health plans under PPACA
Baker Donelson Bearman Caldwell & Berkowitz PC
The Patient Protection and Affordable Care Act (PPACA) prohibited all health plans, excluding grandfathered plans, from imposing annual limits on benefits received through the plan.

Waiver process identified for lifetime limit restrictions
McKenna Long & Aldridge
Late last week, the administration released guidance for plans seeking to waive provisions in the Patient Protection and Affordable Care Act (PPACA) that restrict their ability to place lifetime limits on coverage.

Municipal financial advisors required to register with the SEC by October 1, 2010
Best Best & Krieger LLP
The Securities and Exchange Commission (SEC) has adopted a temporary rule making it unlawful under the Securities and Exchange Act of 1934 for a municipal advisor to provide advice to or on behalf of state and local governments and other borrowers involved with municipal securities, unless the municipal advisor is registered with the SEC.

New York enacts construction worker misclassification law
Morgan Lewis & Bockius LLP
On August 27, New York Governor David A. Paterson signed into law the New York State Construction Industry Fair Play Act (the Act), designed to curtail worker misclassifications in the construction industry.

Lactation accommodation: ?breast-feeding mother-friendly workplace? designation AB 2468 de Leon, Brownley, Jones, Lieu, Monning, Salas, and Saldana
Seyfarth Shaw LLP
Existing law requires every employer to provide a reasonable amount of break time, and to make reasonable efforts to provide the employee with the use of a room, other than a toilet stall, to accommodate an employee who desires to express breast milk for the employee's infant child.

Hawaii faces constitutional challenge
McKenna Long & Aldridge
Hawaii has joined an ever-expanding list of states which have seen their pay-to-play laws challenged on constitutional grounds.
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Full post as published by New York Public Personnel Law on September 16, 2010 (boomark / email).