Employment Law Updates

Featured Expert Legal Commentary

Hardt v. Reliance Standard: ERISA Claimants Can Get Attorney Fees Even If They Don’t Win a Judgment

By Jeremy J. Gray of Zuber & Taillieu LLP

In a 9-0 decision, the U.S. Supreme Court has resolved a split among Circuit courts and has held that an ERISA claimant need not be the “prevailing party” in a lawsuit to receive an award of attorneys fees under 29 U.S.C. section 1132(g)(1). In Hardt v. Reliance Standard Life Insurance… More...

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MSHA Issues Guidelines for Industry Compliance with Ventilation Regulations

MSHA Guidelines for Industry Compliance with Ventilation Regulations  |  Number 10-1123-NAT  |  8/16/2010

As a result of troubling testimony heard in a recent field hearing regarding the explosion of Massey Energy's Upper Big Branch mine, the U.S. Department of Labor's Mine Safety and Health Administration (“MSHA”) has released four new program information bulletins pertaining to ventilation issues in underground coal mines. More...

US Labor Department Withdraws Proposed Rule on Definition of a Welfare Benefit Plan

Withdrawal of DOL Proposed Rule on Definition of a Welfare Benefit Plan  |  Release Number: 10-1080-NAT  |  7/30/2010

The U.S. Department of Labor's Employee Benefits Security Administration has withdrawn the proposed regulation on the definition of a welfare benefit plan under the Employee Retirement Income Security Act (“ERISA”) from review by the Office of Management and Budget (“OMB”). More...

EEOC Releases Federal Work Force Report

EEOC Annual Report on the Federal Work Force  |  EEOC FY 2009 Annual Report on the Federal Work Force  |  7/26/2010

The U.S. Equal Employment Opportunity Commission (“EEOC.” Or “Commission”) has released its Annual Report on the Federal Work Force for Fiscal Year (FY) 2009. More...

US Department of Labor's OSHA Publishes Final Rule on Cranes and Derricks in Construction

Final Rule on Cranes and Derricks in Construction  |  29 CFR Part 1926  |  8/9/2010

The U.S. Department of Labor's Occupational Safety and Health Administration (“OSHA”) has issued a new rule addressing the use of cranes and derricks in construction, which will replace a decades-old standard. More...

US Labor Department Proposes New Regulation to Benefit Qualified Individuals with Disabilities

Advance Notice of Proposed Rulemaking on Affirmative Action for Qualified Individuals with Disabilities  |  Release Number: 10-1015-NAT  |  7/22/2010

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (“OFCCP”) is seeking input from the public on ways to strengthen its regulations requiring federal contractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. More...

Emergency Legislation to Save Teacher Jobs SIgned into Law on the Same Day That House Passes It

Education Jobs and Medicaid Assistance Act  |  H.R. 1586  |  8/10/2010

U.S. President Barack Obama has signed into law the Education Jobs and Medicaid Assistance Act, H.R. 1586, just hours after the House of Representatives approved it by a vote of 247 to 161. More...

Health and Human Services Department Announces Final Rules To Support ‘Meaningful Use’ of Electronic Health Records

Final Rules to Support ‘Meaningful Use’ of Electronic Health Records  |  42 CFR Parts 412, 413, 422, and 495  |  7/13/2010

The U.S. Department of Health and Human Services (“DHHS,” or “Department”) has announced final rules to help improve Americans’ health, increase safety and reduce health care costs through expanded use of electronic health records (“HER”). More...

Department of Justice Prepares New ADA Regulations

DOJ’s New ADA Regulations  |  No.____  |  7/26/2010

The U.S. Department of Justice (“DOJ,” or “Department”) has published four new Americans with Disabilities Act (“ADA”) proposals addressing the accessibility of websites, the provision of captioning and video description in movies shown in theaters, accessible equipment and furniture, and the ability of 9-1-1 centers to take text and video calls from individuals with disabilities. More...

Labor Department Publishes Updated List of Products Relating to Forced or Indentured Child Labor

Final Determination Updating the EO 13126 List  |  No. _______  |  7/19/2010

The U.S. Department of Labor's Bureau of International Labor Affairs has announced the publication of a final list of products that federal contractors must certify under Executive Order 13126 are not produced with forced or indentured child labor. More...

US Department of Labor Clarifies FMLA Definition of ‘Son and Daughter’

Clarification of the Definition of “Son or Daughter” under Section 101(12) of the Family and Medical Leave Act (FMLA)  |  Administrator's Interpretation No. 2010-3  |  6/22/2010

The Wage and Hour Division (“WHD”) of the Department of Labor (“DOL,” or “Department”) has issued an Administrator’s Interpretation in order to clarify the definition of "son and daughter" under the Family and Medical Leave Act of 1993 (“FMLA”). More...

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Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

International Brotherhood of Teamsters

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

Kellogg Brown & Root technical Services, Inc.

Service Employees International, Inc.

ConocoPhillips

Zurich American Insurance Co.

Autozone, Inc.

AT&T Corp.

Temco Service Industries, Inc.

FBL Financial Group, Inc.

14 Penn Plaza LLC

International Game Tchnology

City of Philadelphia

Manhattan Apartments Inc.

Northeastern Land Services, Ltd. d.b.a. NLS Group

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Association of Professional Flight Attendants

Gold’n Plump Poultry, Inc.

AMR Corp.

The Work Connection

American Airlines, Inc. a.k.a. American Eagle

Pitt-Ohio Express, Inc.

Highgate LTC Management, LLC

BVP, LLC d.b.a. Big Vanilla Pasadena

Southwestern Bell Video Services, Inc.

N.F.A.C., Inc. d.b.a. Big Vanilla Athletic Club

SBC Telecom, Inc.

J.C. Penney Corp.

Murphy Ford Inc. d.b.a. Murphy Ford Lincoln Mercury Murphy Ford Inc.

SBC Services, Inc.

United Airlines, Inc.

Pacific Telesis Group

Equal Employment Opportunity

Pacific Bell Telephone Co.

The Star Tribune Company