President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause. Obama, choosing the Lilly Ledbetter Fair Pay Act as the first bill to sign as president, called it a “wonderful day”… Read More
Employment Blog
Here you can find the most recent employment law news and commentary on cases around the country. If you need assistance with employment law, don't hesitate to call us.
Supreme Court Ruling Protects Employees Against Retaliation For Assisting Internal Sexual Harassment Investigations
An employee is protected from being fired in retaliation for answering questions during an employer’s investigation of suspected sexual harassment, the Supreme Court ruled on Monday, January 26, 2009. The unanimous court ruled the federal civil rights law’s anti-retaliation provision for employees who report workplace sex or race discrimination also extended to an internal… Read More
Court Hears Breach of Contract Case
In Duncan v. Alaska USA Federal Credit Union, Inc., Division I of the Washington Court of Appeals reversed the lower court’s granting of summary judgment and ruled that genuine issues of material fact existed regarding Duncan’s breach of contract and wage claim statute claims. Specifically, the Court held that Alaska’s employee handbook contained language… Read More
The Employee Free Choice Act
With the Obama administration set to take office, the most significant change in employment law on the horizon is the Employee Free Choice Act (EFCA), a bill that passed in the House of Representatives in 2007 but was filibustered in the Senate. The EFCA would make it possible to unionize without an employee election. … Read More
Legal Update: ADA Amendments Act of 2008
On September 25, 2008, new federal legislation was signed that expands the scope of the Americans with Disabilities Act. Known as the ADA Amendments Act of 2008 (the “ADAAA”), the amendments reverse or nullify several Supreme Court rulings that significantly narrowed the scope of protection under the ADA. The basic definition of a disability… Read More
Is “Boot-Up” Time Compensable?
Have you ever been frustrated by the length of time it takes for your computer to boot up? In light of recent lawsuits, some employers may be, as well. According to an article in the National Law Journal there has been a recent surge in litigation over whether employees should be compensated for time… Read More
A Primer on Unemployment Benefits
In view of the rapidly deteriorating economy, a brief primer on unemployment benefits seems timely. Unemployment insurance provides partial wage replacement to unemployed workers while they look for new work. Unemployment insurance is administered by each of the fifty states, but is governed by federal guidelines. Generally, benefits are based on a percentage of an… Read More
Full Disclosure
The incoming administration of President-Elect Obama is exercising unprecedented—and some say unwarranted—scrutiny on job applicants. Individuals applying for jobs in the Obama administration are being asked to complete a seven-page questionnaire that asks a wide variety of questions, covering topics such as personal and professional records, applicants’ families, electronic communications including personal blogs and… Read More
Trade Secrets in the NFL?
The intersection of law and professional athletics is often an interesting topic (e.g., why doesn’t Major League Baseball violate the Sherman Act?). Employment law is no exception. In recent days, former Green Bay Packer quarterback Brett Favre has come under intense media scrutiny after he had a telephone conversation with the Detroit Lions’ General… Read More
EEOC Update guidance to conform with Americans with Disabilities Act Amendments of 2008
The EEOC’s update to its guidance entitled “The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities” makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must be able to perform the essential functions of the position, with or without reasonable… Read More