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| Defense of Employment Litigation |
New Federal Minimum Wage & Posting Requirement - 06/13/07
Labor, Employment & Immigration
June 12, 2007
Karen W. Neely
Kathryn B. Vargo
On May 24, 2007, President Bush signed the Fair Minimum Wage Act of 2007 that, among other things, increases the federal minimum wage from $5.15 in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. These increases are the first federal minimum wage hike in ten years.
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Check Your Release Agreements: FMLA Releases Are Unenforceable Without DOL or Court Approval and May Void The Entire Agreement - 08/16/05
Labor & Employment
August 16, 2005
Marilyn M. Fish
Shay Zeemer Hable
Kathryn B. Vargo
The U.S. Court of Appeals for the Fourth Circuit recently held that an employee who signed a general release in exchange for monetary compensation did not waive the right to bring an action under the FMLA, because the release had not been approved by the Department of Labor or a court.
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Supreme Court Declines Opportunity to Resolve Split on Who Bears ADA "Direct Threat" Burden - 06/01/05
Labor, Employment & Immigration
June 1, 2005
Marilyn M. Fish
Kathryn B. Vargo
The Americans with Disabilities Act permits an employer to base an adverse employment action upon an employee's disability if the employee poses a direct threat to others. The circuit courts do not uniformly agree, however, upon which party bears the burden of proofing that such a direct threat existed.
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New Legislation Requires Employers To Notify Employees Of Their USERRA Rights - 3/15/05
Labor & Employment Law
March 15, 2005
Marilyn M. Fish
Kathryn B. Vargo
With the passage of the Veterans Benefits Improvement Act of 2004, employers now have an affirmative obligation to notify employees of their rights regarding military leave and reinstatement. The new legislation amends the 1994 Uniformed Services Employment and Reemployment Rights Act which provides reemployment protection and other benefits for veterans and employees who perform military service.
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