Employment Law Updates

Featured Expert Legal Commentary

Lindsay v. APFA: Employees Have No Private Cause of Action under the RLA

By Jeremy J. Gray of Zuber & Taillieu LLP

The Second Circuit U.S. Court of Appeals has held that two provisions of the Railway Labor Act (“RLA”), 45 U.S.C. section 152, do not provide a private cause of action that would enable unhappy employees to overturn reworked agreements entered into by their union. In Lindsay v. Association of Professional… More...

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Department of Labor Announces Rules to Enhance Retirement Advice and Transparency for Workers

Department of Labor Rules to Improve Retirement Security  |  10-0251-NAT, 29 CFR Part 2520. RIN 1210-AB21  |  2/26/2010

The U.S. Department of Labor (“DOL””) has announced two new rules designed to enhance retirement security and transparency for the millions of workers covered by 401(k), pension and other retirement arrangements. More...

Department of Labor Issues Final Rule on H-2A Worker Program

Final Rule on Temporary Agricultural Employment of H–2A Aliens in the United States  |  29 CFR Part 501, RIN 1205–AB55  |  2/12/2010

The Department of Labor (“DOL”) has issued a a final rule governing labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program. More...

New Law Amends FMLA to Entitle Flight Attendants and Pilots to Leave Benefits

Airline Flight Crew Technical Corrections Act  |  S. 1422, Pub. Law 111-XXX  |  12/21/2009

President Barack Obama has signed into law S. 1422, otherwise known as the Airline Flight Crew Technical Corrections Act (“Act”). This new law amends the Family and Medical Leave Act (“FMLA”) of 1993 to make sure that flight attendants and pilots are able to qualify for FMLA benefits, just like other American workers. More...

2010 DoD Act Extends COBRA Eligibility Period for Premium Reduction

Fiscal Year 2010 Defense Appropriations Act  |  2010 DoD Act  |  12/19/2009

On December 19, President Barack Obama signed legislation extending the eligibility period for the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) premium reduction through February 28, 2010 — an additional two months — and the maximum period for receiving the subsidy for an additional six months. More...

Federal Law Banning Employment Discrimination Based on Genetic Information to Take Effect on November 21, 2009

Genetic Information Nondiscrimination Act of  |  H.R. 493, Public Law No: 110-233  |  5/7/2009

Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) goes into effect for employers of 15 or more employees on November 21, 2009. More...

Employ American Workers Act Targets TARP Companies By Providing New Requirements in their Hiring of Foreigners

Employ American Workers Act  |  Pub. L. 111-5, Div. A, Title XVI, § 1611  |  2/17/2009

On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (“stimulus bill”), Public Law 111-5. The stimulus bill contained the Employ American Workers Act (“EAWA”), Pub. L. 111-5, Div. A, Title XVI, § 1611. More...

CO Governor Signs Bill Penalizing Employers for Misclassifying Employees as Independent Contractors

An Act Concerning the Misclassification of Employees as Independent Contractors  |  H.B. 1310  |  6/3/2009

Colorado Gov. Bill Ritter has signed a bill that penalizes employers that misclassify employees as independent contractors in order to avoid the payment benefits and employment taxes. More...

Department of Labor Issues Guidance on Reduced Premium Payments for COBRA under Pres. Obama’s Stimulus Program

COBRA Subsidy under the American Recovery and Reinvestment Act of 2009  |  Release Number: 09-0301-NAT  |  3/19/2009

The stimulus package, which was enacted as the “American Recovery and Reinvestment Act of 2009” (“ARRA”) temporarily reduces the premium for COBRA coverage for eligible individuals. COBRA (the “Consolidated Omnibus Budget Reconciliation Act of 1985”) allows certain people to extend employer-provided group health coverage, if they would otherwise lose the coverage due to certain events such as divorce or loss of a job. More...

ADA Amendment Liberalizing the Definition of Disability Becomes Law

Americans with Disabilities Act Amendments Act of 2008  |  Public Law 110-325, S. 3406  |  9/25/2008

A pro-labor legislation, Americans with Disabilities Act Amendments Act, S. 3406 ("Act") that overturns four erroneous Supreme Court decisions that have eroded the protections of people with disabilities under the ADA has finally become law, thus restoring original Congressional intent. More...

U.S. Department of Labor Issues Union Transparency Final Rule

Form T-1, Final Rule  |  CFR Part 403, RIN 1215–AB64  |  10/2/2008

The Department of Labor, Office of Labor-Management Standards ("OLMS") announced that it has published a Final Rule implementing the Form T-1, Trust Annual Report. 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.

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

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

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

Manhattan Apartments Inc.

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

Association of Professional Flight Attendants

AMR Corp.

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

Granite Rock Company

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.

Zurich American Insurance Co.

Autozone, Inc.

Temco Service Industries, Inc.

14 Penn Plaza LLC

City of Philadelphia

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

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

Gold’n Plump Poultry, Inc.

American Insurance Co.

The Work Connection

Pitt-Ohio Express, Inc.

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

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

J.C. Penney Corp.

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

United Airlines, Inc.

Equal Employment Opportunity

The Star Tribune Company

ConocoPhillips

Scolari's Warehouse Markets, Inc. d.b.a. Scolari's Food and Drug

AT&T Corp.

FBL Financial Group, Inc.

International Game Tchnology