Archive for March, 2009

A New Day for Union Relations: EFCA, Obama, and the NLRB

March 27, 2009 at 2:08 pm by: California Employment Law Letter

by Mark I. Schickman
We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move [...]

Some Things Stay the Same under the ADA Amendments Act

March 20, 2009 at 2:19 pm by: Massachusetts Employment Law Letter

by Timothy F. Murphy
This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart [...]

EEOC Guidance on Disciplining an Employee with a Disability

March 13, 2009 at 4:18 pm by: New York Employment Law Letter

Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying [...]

OSHA Penalties for Personal Protective Equipment Violations Escalate

March 13, 2009 at 2:02 pm by: Minnesota Employment Law Letter

In these troubled economic times, the Occupational Safety and Health Administration (OSHA) has hit upon a sure-fire way to increase government revenue without any extra work or change in procedures. If it wasn’t so ominous for employers, we might be tempted to applaud the agency’s ingenuity and audacity.
Required federal and [...]

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

March 6, 2009 at 2:32 pm by: New Hampshire Employment Law Letter

(Updated Dec. 4, 2009)
by Douglas R. Chamberlain
When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and [...]

Obama Administration’s Changes at DOL, EEOC, and NLRB

March 6, 2009 at 2:19 pm by: Federal Employment Law Insider

The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration.
Not surprisingly, the changes that already have occurred suggest [...]