EmployNews Archives

EMPLOYNEWS ARCHIVES:    2008   |  2007   |  2006

June 2008

Third Circuit Says PDA Prohibits Discharge of Employee Who Had Abortion

Employers with California Operations Should Heed Impact of Same-Sex Marriage Decision

Fifth Circuit Finds Fiduciaries’ Prudence Presumption a “Substantial Shield”

Providing Blackberries to Hourly Employees Can Result in Unexpected Overtime Claims

Supreme Court Denies Review of Fourth Circuit FMLA Release Case

Supreme Court: Dual Role Administrator Who Decides and Pays Claims Has Conflict of Interest that Must Be Considered in Court Review

No Refund of FICA Taxes Paid on Forfeited Deferred Compensation

Supreme Court Throws out State Law Prohibiting Grantees from Using Funds for Labor Matters

Supreme Court Increases Employers’ Burden for Defending Disparate Impact Age Discrimination Cases

IRS Provides Additional Guidance on HSA Contributions

North Carolina Wage and Hour Act Does Not Apply to Employees Living and Working in Other States

Maryland Adopts Paid Family Leave Law

South Carolina Adopts Illegal Immigration Reform Act

Federal Courts Continue to Lower Bar for EEOC Filings

Federal Circuit Clarifies Severance Pay that is SUB Pay Exempt from FICA

IRS Provides Guidance on Making a Transfer from an IRA to HSA

May 2008

Employer Can Set Reasonable Restrictions on Employee’s Discrimination Complaints

Senate Passes Genetic Anti-Discrimination Act

Workplace Slights Not Retaliation under Title VII

DOL Updates Guidance on Qualified Default Investment Alternatives

GINA Passes Senate; President Bush to Sign into Law

4th Circuit Affirms ERISA Theft Convictions for Unpaid Employer Retirement Plan Contributions - Prison Sentences Upheld

Crude Radio Program Played in Workplace Contributes to Hostile Environment Based on Gender

2009 Cost-of-Living Adjustments Increase Limits for HSA contributions

Terminating Parents at Same Time Child’s Tumor Reoccurs Raises Questions over Employer’s Motive for Action

EEOC Continues Enforcement Focus on Restaurant Industry

Fourth Circuit Says University Can Fire HR Employee for Criticizing New Pay Plan

Layoff of Entire Team Defeats Individual’s Age Discrimination Claim

New Virginia Law Disqualifies Employers Who Hire or Employ Illegal Aliens

U.S. Supreme Court Says Section 1981 Includes Retaliation Claims

Supreme Court May Hear Case on Obtaining Monetary Damages as Equitable Relief for a Fiduciary Breach under ERISA

Georgia Adopts Weaker Version of Florida’s Gun Rights Bill

GINA Also Increases Fines for Child Labor, Willful FLSA Violations

April 2008

Failure to Follow Supplemental Pay Policy Violates USERRA

Fourth Circuit Says Retaliatory Termination Based upon Safety Rules Not Sarbanes-Oxley Violation

Disability Insurance “Endorsed” by Employer is Subject to ERISA

Fourth Circuit Says Wrongful Discharge Claim from Bank Officer Preempted by Federal Law

Employer Can Require Employee on Workers’ Comp Leave to Use FMLA Entitlement

Recent Case Takes a Look at COBRA Notice Obligations

Retirement Plan Sponsor Official Makes False Form 5500 Statement Resulting in Felony Conviction and Order to Pay Over $150,000

Courts Expand Scope of Title VII by Recognizing Discrimination and Retaliation Claims Based on Association

New Jersey Adopts Paid Family Leave Law

Florida Enacts “Take Your Guns to Work Act”

Fifth Circuit Finds Possible Reverse Discrimination in Diversity Initiative

Tenth Circuit Establishes Standard for Willful FMLA Violation

March 2008

Supreme Court Recognizes Liberal Standard for EEOC Charge Filing under ADEA

Proposed FMLA Rules Contain Important Technical Revisions

DOL Proposes a 7-day Safe Harbor for Employee Contributions to Benefit Plans

Employer Can Be Liable for Retaliation against Complaining Employee from Co-Worker

New FMLA Rules Tweak Employee Eligibility Requirements

EEOC Charges Jump Nine Percent in 2007

IRS Clarifies Roth Rollovers, Optional Annuities and Other Distribution Issues from Pension Protection Act of 2006

IRS Announces Approval of Pre-Approved Defined Contribution Plans and Opening of Determination Letter Program

Proposed FMLA Rules Clarify Existing Standards for Leave Entitlement

Seventh Circuit Allows ADA Claim Based on Concerns over Cost of Spouse’s Medical Treatment

Veterans with Service-Connected Disabilities Entitled to Special Protections in the Workplace

New FMLA Rules Change Medical Certification and Notification Rights and Duties

February 2008

FMLA Amendments Take Effect

Fourth Circuit Releases Two New ADA Opinions

No Performance-Based Exception to 162(m) $1 Million Deduction Limit for Compensation Payable upon Termination for Cause or Good Reason – IRS Reverses Course

Immigration Alert

Vacation/PTO Policy for Executives Should Differ from that for Other Employees

New DOL Guidance on Responsibility for Collecting Delinquent Retirement Plan Contributions

North Carolina Court of Appeals Raises Threshold for Disqualifying Unemployment Benefits

Fourth Circuit Allows FLSA Retaliation Claim Based on Suit against Former Employee

EBSA Releases Checklist to Assist with Wellness Program Nondiscrimination Compliance

Third Circuit Refuses Sanctions against Employee Caught Behaving Incompatibly with ADA Accommodation Request

Supreme Court Says Plan Participants May Sue Fiduciaries for Losses in Individual Accounts

Fourth Circuit Says Partial Religious Accommodation Satisfied Employer’s Title VII Obligations

Staring at Female Employee’s Chest May Have Created Hostile and Offensive Working Environment

Supreme Court Says Trial Judge Has Discretion to Allow “Me Too” Evidence in Discrimination Cases

IRS Revenue Ruling Confirms and Extends 162(m) Ruling, with Transition Relief

Using 401(k) Funds to Purchase Long-Term Care Insurance is Prohibited

“Familial Status” Not Protected Classification under Title VII

January 2008

Supreme Court to Review ADA Reassignment Case

Fifth Amendment Does Not Prevent Execution of OSHA Administrative Warrant

Final EEOC Rule Allows Employers to Cut Retiree Health Benefits At Age 65

Fourth Circuit Says Sexual Harassment Claim Should Reach Jury

Small Claim Insurance Adjusters Exempt from Overtime Requirements

DOT Proposes New Training Requirements for CDL Drivers

IRS Proposes Regulations on Diversification Requirements for Retirement Plans with Publicly-Traded Employer Stock

$110,000 Judgment against Employer Who Failed to Monitor and Control Retirement Plan Service Provider

Absences Due to Substance Abuse before Rehab Begins Not Protected under FMLA

First Circuit Says Harassment Based on Failed Romance Can Violate Title VII

Supreme Court Dismisses ADA Dispute; Accepts Review of Three Additional Employment Cases

Nonprofit Organization’s Directors Not Employees under ADEA

Seventh Circuit Says Paid Administrative Leave Is Not a Materially Adverse Employment Action under Title VII

Welfare Plan May Not be Retroactively Amended to Deprive Beneficiary of Vested Benefit