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Selected articles concerning employment related issues noted by law firmsSource: 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.

What is your company?s policy?
Morrison & Foerster LLP
Currently, there are more than 500 million Facebook members, more than 93 million Twitter users, and more than 75 million LinkedIn users (not to mention users of other social media websites).

Circuit court reiterates that state wage and hour laws need not mirror FLSA
Jackson Lewis LLP
The FLSA contains a provision relating to the compensability of time spent donning and doffing uniforms, when the compensability of such time is addressed in a collective bargaining agreement.

Massachusetts personnel records law amended to add notification to employees
Jackson Lewis LLP
Tucked into the text of new Massachusetts legislation intended to promote job growth and long-term economic recovery is an amendment to the Massachusetts personnel records law that will change employers' responsibilities significantly.

Seventh Circuit upholds pro-employer method of overtime calculation for misclassified employees
Jackson Lewis LLP
The Fair Labor Standards Act requires employers to pay non-exempt employees one and one half times their regular rate of pay for any hours worked in a workweek in excess of 40.

Supreme Court to review third-party retaliation claims
Holme Roberts & Owen LLP
On the final day of its 2009-2010 term, the United States Supreme Court agreed to hear a case involving the question of whether one individual may assert a Title VII retaliation claim based on someone else's protected activity.

Important changes to the local finance law in New York
Squire Sanders & Dempsey LLP
It has been more than 15 years since New York's State Legislature enacted important reforms to the Local Finance Law (LFL).

New York Department of Labor substantially limits deductions from wages ? a cautionary tale for all employers
Buchanan Ingersoll & Rooney PC
The New York State Department of Labor (NY DOL) issued an opinion letter earlier this year in which it ruled that, given the very narrow circumstances in which an employer can deduct amounts from an employee's wages, the employer, which had substantially overpaid an employee's wages, was not permitted to deduct the overpayment from the employee's future wages, even if the employee consented to the deduction.

SNER - "nebulous suspicions voiced by a busybody" not protected under Ttitle VII
Greenberg Traurig LLP
A part-time female hospital employee complained about her new male boss.

The FMLA may now apply to same-sex parents
Holme Roberts & Owen LLP
On June 23, 2010, the Department of Labor publicly announced its position that benefits available to parents of newborns and newly adopted children under the Family and Medical Leave Act (FMLA) may apply to same-sex couples.

U.S. Department of Labor issues guidance on requirement that employers provide nursing mothers with breaks and places to express breast milk
Reed Smith LLP
A little-noticed provision of the 2010 health care reform legislation requires employers to provide nursing mothers with "reasonable break time" to express breast milk for one year after a child's birth.

Department of Labor interpretation expands the ?compensable workday?
Holme Roberts & Owen LLP
The Department of Labor issued an "Administrator's Interpretation" under the Fair Labor Standards Act (FLSA) that expands the compensable workday for many employees who change clothes at work or don any form of protective clothing.

Employers have rights, too: Eighth Circuit issues two pro-employer FMLA decisions
Jackson Lewis LLP
The U.S. Court of Appeals for the Eighth Circuit has issued two decisions just two days apart in favor of employers sued for alleged violations of the Family and Medical Leave Act (FMLA)

OSHA issues rules governing whistleblower complaint procedures under various statutes
Littler Mendelson PC
The Occupational Safety and Health Administration (OSHA) will issue three interim final rules that outline the procedures for handling retaliation complaints under the whistleblower provisions of the Surface Transportation Assistance Act (STAA), National Transit Systems Security Act (NTSSA), Federal Railroad Safety Act (FRSA), and the Consumer Product Safety Improvement Act (CPSIA).

Healthcare flexible spending account documents should be amended by December 31
Arnstein & Lehr
Many employers have established health care expense (or "flex spending") accounts under cafeteria plans to which employees make salary deferrals and are then reimbursed for medical expenses.

Decisions of plan administrator entitled to deference
Goldberg Segalla LLP
In Conkright v. Frommert, 130 S. Ct. 1640 (2010) (Apr. 21, 2010), the United States Supreme Court held that a plan adminstrator?s discretionary authority to interpret a plan is entitled to deference, even if a prior determination with regard to the same claim was invalid.

Estate planning with retirement assets
Arnstein & Lehr
For many individuals, retirement benefits represent a significant portion of their wealth.

Second Circuit finds that class arbitration waiver clause is unconscionable, refuses to compel arbitration
Edwards Angell Palmer & Dodge
In Fensterstock v. Education Finance Partners and Affiliated Computer Services, Inc., plaintiff Fensterstock commenced a class action lawsuit in the Southern District of New York against Education Finance Partners and Affiliated Computer Services for engaging in fraudulent and deceptive practices in connection with the issuance of student loans.

Lawsuit by deaf employee based on failure to provide sign language interpreter sent to jury
Sheppard Mullin Richter & Hampton LLP
In a recent decision involving a deaf employee's professed need for a sign language interpreter to understand and participate in mandatory departmental meetings, the Ninth Circuit Court of Appeals unanimously reaffirmed that pursuant to the Americans with Disabilities Act ("ADA"), an appropriate "reasonable accommodation" must be effective to enable a covered employee to enjoy equal benefits and privileges of employment.

Is a cold or the flu a serious health condition?
Franczek Radelet PC
Can an employee take FMLA leave due to a cold or the flu?

Full post as published by New York Public Personnel Law on September 13, 2010 (boomark / email).