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Attention Employers! New I-9 Form Required by May 7, 2013

Posted on May 7, 2013 by

On March 8, 2013, the U.S. Citizen and Immigration Services division of the Department of Homeland Security released a new I-9 Form. Here is a list of frequently asked questions regarding the new form: When do we need to start using the new form? The USCIS recommends that employers start using the new form immediately. […]

U.S. Supreme Court Decides Important Self-Insured ERISA Plan Reimbursement Case

Posted on April 19, 2013 by

Plan administrators and sponsors of self-insured group health plans under the Employee Retirement Income Security Act of 1974 (“ERISA”) should be aware of a case decided by the U.S. Supreme Court on April 16, 2013, US Airways, Inc. v. McCutcheon. The facts that gave rise to the lawsuit are typical. A participant in a self-insured […]

FMLA Spring Cleaning: Toss That Old FMLA Poster and Post the New One by March 8!

Posted on February 27, 2013 by

By March 8, 2013, employers covered under the federal Family Medical Leave Act (those with 50 or more employees) must display the Department of Labor’s new version of the Employee Rights and Responsibilities Under the Family and Medical Leave Act poster. Where can I get the new poster? A copy is available via download from […]

NLRB’s “Quickie Election” Rule Struck Down by District Court

Posted on May 16, 2012 by

On Monday, May 14, 2012, the United States District Court for the District of Columbia struck down the National Labor Relations Board’s published rule implementing “quickie elections.” As we discussed in January (blog post link), the “quickie election” provisions were designed to make union avoidance a more challenging proposition for private-sector employers. The recent decision […]

NLRB Postpones Implementation of Notice-Posting Rule

Posted on April 20, 2012 by

On Tuesday, April 17, the National Labor Relations Board (NLRB) issued a press release stating that in light of the strong interest in the uniform implementation and administration of agency rules, its regional offices will not implement the controversial notice-posting rule pending the resolution of a federal court case. (For more background information regarding the […]

President Obama Recess Appoints Three to Quorum-less NLRB

Posted on January 9, 2012 by

On January 5, 2012, President Barack Obama recess appointed Sharon Block (D), Terence Flynn (R) and Richard Griffin (D) to the National Labor Relations Board (“Board”), restoring the Board to its full, five-member complement. Block, Flynn and Griffin join existing member Hayes and Chairman Pearce, after member Becker’s appointment expired at the end of 2011. […]

Update: NLRB Again Postpones Implementation Date for Notice-Posting Rule: Will Now Take Effect on April 30, 2012

Posted on January 3, 2012 by

For a second time, the National Labor Relations Board (“Board”) has postponed the implementation of its new “Final Rule” requiring employers to notify employers of their rights under the National Labor Relations Act (“NLRA”). (National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule) A federal judge in Washington D.C. has requested additional time […]

NLRB Adopts Resolution to Implement Several Proposed “Quickie Election” Rules-But Final Passage in Doubt

Posted on December 6, 2011 by

(See Original Legal Update of July 29, 2011) Not surprisingly, the National Labor Relations Board (“Board”) recently advanced its July 2011 Notice of Proposed Rulemaking, adopting a resolution designed to make union avoidance a more challenging proposition for private-sector employers. At a public meeting held on November 30, 2011, the Board voted, 2-to-1, in favor […]

Changes in Age Discrimination Regulations and the RFOA Defense

Posted on November 29, 2011 by

On November 16, the EEOC approved a draft final rule to amend the Commission’s existing Age Discrimination in Employment Act (ADEA) regulations to reflect two recent U.S. Supreme Court decisions regarding ADEA disparate impact claims and the “reasonable factor other than age” (RFOA) defense. The draft regulation will now go to the White House Office […]

National Labor Relations Board Postpones Implementation Date for New Notice-Posting Rule

Posted on November 11, 2011 by

On October 5, 2011, the National Labor Relations Board’s (“Board”) Office of Public Affairs announced that the Board has elected to postpone the implementation of its new “Final Rule” requiring employers to notify employees of their rights under the National Labor Relations Act. Under the new rule, which was to become on November 14, 2O11, […]