• An Employee or an Independent Contractor?  How to Decide and How to Handle Past Misclassifications
• NLRB Drops Case Against Boeing
• Retaliation Now the Most Common EEOC Charge

• EEOC Officials to Participate in Panel Discussion at 2011 Conference
• Unemployment Claims - Tactics and Strategies
• Practical Strategies to Defend Workers' Compensation Claims
• Legislative Developments in Workers' Compensation

• Facebook Issues Bring Labor Board Interest
• Employers Must Post NLRB Notice Under Final Labor Board Rule
• EEOC Issues Opinion Letter Dealing With Electronic Medical Records

• Attacks on No-Fault Attendance Policies - Employers' Worst Nightmare
• Arrival of the Tennessee Lawful Employment Act of 2011
• OSHA Wins Subpoena Battle, Insurer Forced to Disclose Damaging Report
• PPACA (Healthcare) Update:  Applications for Annual Limit Waiver Must Be Submitted By September 22, 2011

• Employers Dodge A Bullet - Plaintiff Class Actions Become Unlikely
• Labor Board Proposes Rule For "Quickie" Union Elections To Assist Union Organizing
• New DOL Rule Attempts to "Gag" An Employer in Union Organizing Campaigns

• Supreme Court Upholds Arizona State E-Verify Mandate and Other Immigration Developments
• What Employers Should Do In Response To The ADAAA and Implementing Regulations
• Study Finds Thirty Percent of Employers To Drop Healthcare
• Government Agencies Agree to Avoid Overlap in Enforcement

• Understanding and Complying with the New ADA Disability Regulations
• FLSA Whistleblower Protection Not Limited to Written Complaints

• Supreme Court Addresses Cat's Paw Theory of Discriminatory Input from Supervisors
• Health Reform Update:  April Sees First Repeals of PPACA Provisions; Guidance Issued on W-2 Reporting Requirement and Anti-Abuse Rules for Grandfathered Plans
• Wage & Hour Enforcement of Motor Carrier Exemption: Administrator Will Require Week-By-Week Determinations
• Navigating Unemployment Claims

• Civil War Rages in States Over Unions and Budget Cuts
• Reasonable Break Time and Area for Nursing Mothers
• 2011 Income Tax Credit for Continuing to Employ Persons Hired in 2010
• EEOC Sues Employer Over Random Alcohol Tests
• EEOC Addressing Discrimination Against Unemployed

• Immigration Update on Enforcement Policies and Employer I-9 Audits
• Does the Retaliation Concept Under Title VII Extend to One's Relative or Significant Other?
• OSHA Withdraws Proposed Rule on Repetitive-Motion Disorders
• More Employers Changing Fixed Termination Dates for Leaves of Absence
• Whether the Same Racial Slur Standard Applies to All Races

• Employer Accused of Racist Firings Establishes Defamation Case Against Protesters
• Health Reform Update: Challenges to Healthcare Law Continue
• Obama Ordered Review of Federal Regulations
• EEOC Issues Final GINA Regulations
• OSHA Makes New Push for Engineering Or Administrative Controls Over Noise Rather Than PPE
• Employee Downloads Numerous Documents From Employers Computer While Secretly Working for Competitor

• Changes are Occurring in New Healthcare Law Implementation
• ICE Enforcement Targeting Employers to Continue Until Immigration Reform is Reached
• New Posting Rule For Private Employers

• Election to Change Labor and Employment Agenda
• NLRB Issues New Policy on Reinstating Union Organizers
• Can An Employer Revoke An Accepted Job Offer?
• Woman Sues Employer Over its Gun Policy
• IRS Releases Draft W-2 Form for 2011; Defers Requirement for Employers

• EEOC Officials to Participate in Panel Discussion at Conference
• Latest Developments in Tennessee Workers Compensation Law
• Healthcare Reform - Effects and Strategies for Employers
• Social Media in the Workplace - Problems and Cures

• States and Feds Fight Over New Healthcare Law
• Federal Appeals Court Finds Local Immigration Laws to be Preempted and Thus Void
• Hewlett-Packard Sues Oracle Claiming Its CEO Can't Work for Oracle Because of Confidentiality Agreement
• Administration Pay-Backs to Organized Labor

• Health Care Regulations Defining Grandfathered Plans Create Urgent Need for Employers Planning on Healthcare Changes
• Supreme Court Issues New Employment Privacy Ruling
• Military Leave - It May Be Longer Than You Think

• Quirks In Leave of Absence Policies Can Lead to Expensive Litigation
• Employers' Increasing Use of Credit Checks Generates Legal Issues
• Employer Turns Tables on Independent Contractors Claiming to be Employees
• OSHA Withdraws Long Standing Noise Directive and Moves More Aggressively on Noise Issues

• Pay Discrimination Class Action Cases Snare Employers
• Union Update
• OSHA Inspection Warrant Quashed; Agency Rebuked for Exceeding Bounds
• Early Retirees Healthcare Supplement Available Now
• Healthcare Reform Update

• Tag, You (Employer) Are It!
• Social Media in the Workplace

• Implementation Time Line for Health Care Reform
• Labor Board Now Has Three Union Lawyers and One Republican

• We Can Help! U.S. Dept. of Labor, Wage and Hour Division
• EEOC Proposed Regulations on "Reasonable Factors Other Than Age" Defense
• OFCCP Government Contractor Audit Shows Trends in Enforcement
• Spike in Male Sexual Harassment Claims
• Employers Should Plan for More COBRA Subsidy Extensions

• Firm Changes Name to Wimberly Lawson Wright Daves & Jones, PLLC
• Defense Spending Legislation Expanded Military FMLA Leave
• Department of Labor Publishes Answers About Employee Hours and Pay Reductions
• Correcting Employee Misclassifications Under the Wage-Hour Law
• Does Your Health Plan Comply with Mental Health Parity Laws?
• Wellness Programs and Employee Health Risk Assessment

• Here Comes Healthcare Expansion
• New Law Extends COBRA Subsidy and Requires New Notices

• EEOC Issues Memorandum on Waivers of Discrimination in Employee Severance Agreements
• ICE Sends Out 1000 New Workplace Audit Notices and Explains its Audit Process
• Genetic Law Ban Went Into Effect in November
• Sexual Stereotyping Found Where Male Discredited in Harassment Case
• There are Two Advantages to Recession - Cost of Living Drops and Health Improves

• Employers Increasingly Being Sued Over Inflexible Leave Policies
• Interesting Sex Harassment Cases Involve Admissibility of Plaintiffs Provocative Clothing, and Alleged Sexual Relationship on the Part of Higher-Ups
• November Elections and the Healthcare Bill

• The "Honest Belief" Rule
• Update on Immigration Issues

• DHS Issues Proposed Regulation Rescinding No-Match Rule
• Democrats Make Card-Check Compromises to Encourage Passage
• The Problem with Blackberries

• Supreme Court Issues a Major Decision on Conflict Between Affirmative Action for Minorities Versus Discrimination Against Others
• Employer Lawfully Terminates Employee for Secretly Tape Recording Conversation with Supervisor
• Whether an Employer May Use Police Polygraph Test Results
• Is the Witness Lying? - Experts Debate the Truth
• High Court Clarifies What "Because Of" Age Means

• Initial Regulations Published on New Genetic Discrimination Law
• EEOC Preparing Broad Interpretation in Favor of Disability Coverage
• Hot New Developments in Immigration Compliance

• Obama's First 100 Days and Labor and Employment Changes
• Dealing with Swine Flu and Related Maladies
• DHS Announces New Worksite Enforcement Strategy

• Union Can Waive Employees' Right to Sue in Court for Discrimination
• EEOC Looking at Employer Use of Criminal and Credit Histories
• DC Court Invalidates NLRB Rulings for All of 2008: Administration Appoints Two Union Attorneys to NLRB
• Issues Over the Bonus Turmoil
• Employee Lawfully Fired for Concealing Prescription Drug Use

• Union Card-Check Law Reintroduced, Opposition Mounts
• Unions Discussing Possible Reunification with AFL-CIO
• New COBRA Notices Due April 18, 2009
• Poor Economy Leads to Increased Discrimination Charges and Litigation

• New Year Brings New Rules to Employers, and Also Prospects for More Severe Employment Restrictions
• COBRA Changes in Stimulus Bill

• Employer May Not Retaliate Against Employees For Their Participation in Internal Discrimination Investigations
• President Obama Signs First Law: The "Lilly Ledbetter" Act an Evergreen Statute of Limitations for Discriminatory Pay Claims
• Changes in E-Verify, I-9's, and Other Immigration Enforcement Plans

• Employers Deal with Legal Issues Arising During Layoffs
• OSHA Adopts Final Rule on PPE Provision and Training: Potential Liability Tremendously Increased
• Mandatory E-Verify Requirement for Government Contractors Postponed; Ruling on No-Match Social Security Letters to be Delayed; and New I-9 Forms Delayed Again

• How To Comply With The New FMLA Regulations

• Are You Ready for the "New" ADA January 1?
• Anti-Discrimination Laws Do Not Require Questions and Processes be the Same for All Applicants
• New Presidential Administration: "What Does it Mean?"

• What the Courts Narrow, the Legislature and President Expands: "The New ADA Law"
• Does Worker's Comp Apply to Telecommuters Working at Home?

• EEOC Issues New Religious Discrimination Guidelines
• Effect of Supreme Court Ruling that the Constitution Protects an Individual's Right to Keep and Bear Firearms
• Is Employer Obligated to Disclose Abnormal Medical Results to Employee?
• U.S. Supreme Court Backs "Employment-At-Will"
• Some Employers "Fight" Rather Than Settle

• NLRB Takes Position on Workers Who Participate in Political or Pro-Immigration Demonstrations
• Courts Expand Definition of Disabilities in Advance of ADA Amendments
• Interstate Transportation Exemption from Overtime Narrowed
• Plaintiffs' Lawyers Have Difficulty Representing Undocumented Immigrants
• Steelworkers and European Union Create Global Union

• Supreme Court Issues Two Age Discrimination Rulings
• Discipline of Employees For Off-Duty Smoking or Other Lawful Activities
• State Law Prohibiting Funds to Deter Organizing Pre-empted by Labor Act

• Supreme Court Issues Two Pro-Plaintiff Employment Retaliation Rulings
• Reliance Upon Clinics for Healthcare Needs
• Plaintiffs' Lawyers Sometimes Take "Hit"
• Ads Preferring Older Workers Now Allowed by EEOC
• OSHA Primer for Employers

• Genetic Discrimination Law Bill Becomes Law
• Employer May Discharge Employee for Exceeding FMLA Cap
• New EEOC Rule Allows Reduction in Health Insurance Benefits for Retirees 65 and Older
• Advice Given to Faith-Based Employers
• But DNA May Be Useful in Civil Cases

• Status of Revised DHS No-Match Rules
• Can An Employee Be Discharged for a Combination of Unexcused and FMLA Absences?
• Is Mandatory Retirement Ever Lawful?
• Disabled Worker Raises Claim of Frequent Bathroom Breaks
• Update on Pending Federal Immigration Legislation

• New FMLA Regulations Proposed
• Supreme Court Rules on Evidence of Discrimination Against Employees Other Than Plaintiff

• Employer's Harassment Policy With Numerous Avenues for Reporting Harassment Established Defense
• NLRB Issues Important New Decision on E-Mail Policy and Exceptions to Solicitation Rules
• Accommodation for Sunday Morning Services
• Loss/Theft of Employee Personal Information

March 2008

• Update on No-Match Letters and Ice Enforcement
• Employee Blogging
• What is a Reasonable Harassment Complaint Procedure?
• Perspective - Recent Labor Settlements Provide Dramatic Changes

• Employer Payment for Personal Protective Equipment Must Be Implemented by May 15, 2008
• FMLA Coverage Required Where Implied in Employee Handbook
• Collective Decision Making Less Susceptible to Discrimination Liability
• Trends to Watch for in 2008
• Cost of Regulations
• Perspective - What Is "Caregiver" Discrimination?

• Recent Changes to the I-9 Form Requirements and the Voluntary E-Verify Program
• Use of Different Rates in Calculating Overtime Doesn't Violate Wage-Hour Law
• How to React to Reports That You May Have Illegals In Your Workforce

• Important Ruling Against DHS No-Match Regulation Creates Dilemma
• Abusive Union "Card-Check" Agreements Suffer a Setback
• Minimum Time Period for Lunch, and Use of Time Clock for Lunch Breaks
• Employer Faces Litigation for Cooperating with Police Lie Detector Testing
• Discharge of Female of Pair Having Affair Upheld by Court
• Strategy on Dealing with No-Match Letters in the Future

• Employer May Reassign More Qualified Employee Even If Disabled Employee Wants Vacant Job
• EEOC Issues Opinion On Use of Fitness Tests for Job Promotions
• Court Finds Sex Discrimination Over Employer's Use of Pre-Employment Strength Test
• Improving The Hiring Process

• Final DHS Social Security No-Match Regulation Issued
• Comments On New DHS Mis-Match Regulation

• Minimum Wage Change Takes Effect
• Confusion Also Arises Due To Varying State Wage-Hour Laws and Exemptions
• Immigration Reform Defeated
• The Senate Also Deals A Fatal Blow To Union Organizing Bill - For Now
• Supreme Court Rules When Employees Must Claim Discrimination In Pay
• Union Organizers Attempt to Form Own Union, In The Firm's Recent Election Win

• President and Senators Compromise On Comprehensive Immigration Reform
• Alternatives and Tips On Handling Social Security Mis-Match Letters

• Virginia Tech Tragedy Creates Dilemma for Employers
• Recent Case Raising Similar Issues for Employers
• Employee Discharged for Not Cooperating With Employer Regarding Her Harassment Complaint
• EEOC Conference Discusses Imus Case

• Wal-Mart Faces Biggest Class Action In History
• Payroll Check Fraud and Use of Direct Deposits Create Legal Issues
• Considerations In Designing A Wellness Program

• "Sign Up For Union" Bill Passes House
• Union Membership Drops Furnish Impetus For Labor Bill
• Genetic Discrimination Bill May Pass Congress As Well
• Employers Need To Plan Overadjustments For Minimum Wage Changes
• Bank One Settles Administrative Separation Case With EEOC for $2.2 Million

• Eavesdropping on Private Employee Telephone Conversations Gets Employer In Trouble
• Coca-Cola Case Reminds Employers of Confidentiality Policies and Procedures
• Legal Aspects of Health and Wellness Programs

• Whats Ahead For Legislation in 2007
• Immigration Enforcement Status Update
  • The Background to the Swift Raids
  • Comments and Observations From Swift Raids and Current ICE Enforcement Policies

• New Rules Changes Require Defendants To Preserve Evidence
• Making Up Lost Time Does Not Destroy Exempt Status
• Investigatory Techniques Bring Down Top Management of Hewlett-Packard
• News From EEOC and OFCCP
• How Much Do Companies Spend on Litigation

• Democrats Win To Affect Minimum Wage, Immigration and Labor
• Vacation Pay Alert
• Severance Pay Alert

• DOL Study Finds That ADA Accommodations Cost Little
• Majority Of House Of Representatives Backs Union Card-Check Bill
• Some Cases Support Management Rights In Handling FMLA Leave
• Everbody Loves A Good Party - But Avoid The Liability "Part" Of The "Party"

• Females Recover For Inadequate Protective Clothing and Inadequate Shower and Restroom Facilities
• Another Bathroom Issue Involves Transsexual
• Is There An Obligation To Report Employees' Dangerous or Criminal Activity To Others?
• State Legislatures Address Prohibition of Guns on Company Property

• Inside INS
• In-House Company Attorneys Urge Liberal Application

• Overreacting to Social Security Mismatches Gets Employers in Trouble
• Supreme Court Interprets Retaliation Provisions Broadly To Go Beyond Those Related to Employment or That Occur at The Workplace

• Immigration Update

• Employee's Deletion of Computer Files Violates Computer Fraud Law
• State Laws Having Significant Impact on Health Insurance
• Whether Your Job Rotation is Essential Function, Held To Be a Jury Question
• Homeland Security's Immigration Enforcement Strategy Affect Employers

• Business Planning Required for Avian Flu
• Immigration, Politics, and Strange Bedfellows
• Addressing the National Hispanic Boycott

• Supreme Court Finds Use of Term "Boy Shows Discrimination
• New EEO-1 Forms Effective In 2007
• OFCCP Issues Rules On Internet Applicants
• EEOC Insider Explains Agency Procedures
• OFCCP Wants To Eliminate Equal Opportunity Survey

• Labor Department Issues Final Regulations on Rehiring Veteran Responsibilities
• Employee Membership Groups Are Expanding
• Gallup Polls Percent of Workers Experiencing Discrimination

• Supreme Court Addresses When The Work Day Starts
• Anita Patel To Present at American Immigration Lawyers Association Conference
• Discharge of Employee for Lying During Harassment Investigation

• Abusive Remarks Do Not Have To Be Sexual to Create Sex-Based Hostile Environment
• Manager Has Repeated Seizures, Requests Employer Provide Transportation - What To Do
• Should I Be Concerned About Avian Flu?

• Diversity Training In U.S. Expands
• Minimum Wage Increase Comes Before Congress
• Demands For Labor Givebacks And Retiree Cuts To Increase
• Wal-Mart Changing National Standards, And Even The Economy

• Employer Deals With Work Stoppage Of Non-Union Hispanic Employees
• Developments In Competitive Employee Benefits
• Electronic Record Keeping Now Complete With Changes Allowing Electronic I-9’s
• Changes In Positive Workplace Drug Tests Reported

• Consensual Affair With Boss Brings Sex Harassment Rulings
• Seemingly Harmless Nickname Creates Harassment Issue
• Uncontrolled Diabetes Found To Be Direct Threat To Plant Safety
• New Unemployment Benefit Rules More Strict
• New Overtime Regulations Result In An Increase In Lawsuits
• What Really Caused The AFL-CIO Split?

• Personality Tests For Promotion May Violate ADA
• Discussing Disability Issues With Current Employees
• Employer May Prefer Bilingual Person Without Discriminating
• Dealing with Subpoenas For Protected Health Information
• OSHA Rejects Challenges To Its Ergonomics Guidelines

• Longer Military Tours Create New Issues
• Wal-Mart Pays $11 Million For Illegal Workers
• Even Asking Employee To Voluntarily Take Polygraph Violates The Law
• Sources Of Information For Background Checks

• Is E-Mail Sufficient Legal Notice For Employees?
• Who Was Right About The New Wage-Hour Regulations?
• Supreme Court Ruling On Policies Adversely Affecting Older Workers Warrants Attention
• "Confederate Southern-American" Loses National Origin Claim
• EEOC Regulation Allowing Termination Of Retiree Benefits Upon Eligibility For Medicare Ruled Invalid

• Supreme Court Says Unintentional Age Discrimination Illegal
• “Disorganized” Labor Makes Plans After Continuing Membership Declines
• Boeing CEO’s Resignation Raises Workplace Romance Issues
• What Is The “Cat’s Paw” Theory Of Employment Discrimination?

• Drug Test Fraud Causes States And Employers To Respond
• What Happens When an Employer Conducts a Background Check on an Employee Who Has Filed an EEOC Charge
• Bullets to Dodge Under New White-Collar Exemptions
• Conflicting Benefit Plan Documents Resolved in Favor of Employee

• Firing Non-Union Worker Who Asks For Witness May Violate Labor Act
• Benefit Plan Not Effective Until Formally Adopted According to Plan Procedures
• Safety a Higher Priority for Employees
• Is a "Nasty" Employee Protected Under the ADA?
• Employers Using Corporate Chaplains

• NLRB Rules On Lawfulness Of Employer's Work Rules
• Department of Labor Supports Employer Response to Monday and Friday Absences
• ADA Does Not Permit Disclosure That Co-Worker Has Communicable Disease
• Employers Praise EEOC Mediation, But Few Participate
• Settlement Offer Or Extortion - Inquiring Minds Want to Know

• How Employers Deal With Unprecedented Misconduct
• SHRM Surveys Employer Medical Leave and FMLA Policies
• Courts Support Workplace Drug Testing Programs
• Department of Labor Also Surveys and Considers Changes in the Family and Medical Leave Act
• NLRB Limits Temp Workers in Union Bargaining Units
• Average Plaintiffs' Verdict Increases
• Head Nod Expressions as Admission of Guilt
• Graffiti Must be Quickly Addressed
• Layoffs and Statistics - Damned If You Do and Damned If You Don't
• Effects of Four More Years

• Out sourcing Off-Shore Gets Controversial
• State Laws Affect Wage-
  Hour Changes Also
• Employers Must Exercise
  Care in Job Offers
• Survey Reveals Top
  Litigation Concerns,
  Number of Cases
• Courts Disagree Whether
  Employers' Attendance Notice
  Policy Trumps FMLA

• Overtime Rules Have Clocked In
• Employers' Diversity Efforts Failing
• New Targeting Plan for Government Contractor Compliance Announced
• Labor Day Review of Union Plans

• Same-Sex Unions Create Legal Quagmire For Employers
• Are You Ready For The Implementation Of New Wage and Hour Regulations?
• Workers Caught With Weapons On Property May Be Fired, Court Rules
• "Going Postal" Requires Government To Radically Change Handling Violence
• Benefit Plan May Be Amended To Benefit One Employee
• Employers Receive Relief On Pension Contributions

• Non-Union Employees No Longer Have Right To Representation At Employer Interviews
• Employer's Right to Investigate Also Expanded in Recent Credit Act Changes
• Supreme Court Rules on What a Constructive Discharge Is
• National Class Action Against World's Largest Employer

• Religious Accommodation To Diversity Policies
• Cases Increasing Over Differences in Harassment Discipline
• Victims of Domestic Violence Not Protected from Discharge
• Improving Economy to Test Employee Loyalty

• Wage And Hour Issues New White Collar Exemption Regs
• Wage and Hour Issues New White Collar Exemption Regs

• Discharge Of Alcoholic Shows Narrow Interpretation Of ADA
• New Federal Notice Requirements
  for Unionized Government
  Contractors
• Supreme Court Says Employer
  Can Favor Older
  Workers
• Perspective of Fairness
  Critical in Minds of Jurors

• A Layman's Guide To Beginning HIPAA Compliance
• HIPAA Compliance Checklist;
• HIPAA Practical Advice
• HIPAA Special Issues

• Catching Employees Who Misuse Leave
• Use of EEO-1 Forms in Discrimination
  Litigation
• Progress on EEOC's Mediation Program
• Update on Affirmative Action and Pay Surveys
• Update on Social Security No-Match Letters

• Abuse Of Corporate E-Mail Systems By Spam
• Hazardous Chemical Update
• Former Employee's Claim of Defamation and Black-Listing Rejected
• One-Fifth of Women Report Being Sexually Abused
• Issues Regarding Withholding from Final Paychecks

• Can You Discharge A Worker On Workers' Comp?
• Wal-Mart Facing Immigration and RICO Lawsuits
• Are Undocumented Workers "Employees" for Workers' Compensation?
• Proving Training Takes On New Importance in EEO Cases