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| Employment Counseling & Advice |
New Paid Sick Leave Law In D.C. - 11-08
November 6, 2008
Marilyn M. Fish
Amy E. Grynol
Kathryn B. Vargo
New legislation will soon require D.C. employers to provide employees with paid sick and/or safe leave. The “Accrued Sick and Safe Leave Act of 2008,” which was approved by the Washington D.C. Council earlier this year, takes effect on November 13, 2008.
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Expansion of the ADA: The ADA Amendments Act of 2008 - 10/08
Labor & Employment
October 1, 2008
Robyn W. Farmer
Marilyn M. Fish
Kathryn B. Vargo
On September 26, 2008, President Bush signed into law the ADA Amendments Act of 2008, thereby enacting legislation designed to reverse a series of employer-friendly U.S. Supreme Court opinions interpreting the Americans with Disabilities Act (“ADA”).
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Expansion of the Family and Medical Leave Act - 02/08
Labor & Employment
February 8, 2008
Robyn W. Farmer
On January 28, 2008, the President signed the National Defense Authorization Act into law.
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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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Performance Management: Friend and Foe - 02/27/07
Labor & Employment
February 26, 2007
Marilyn M. Fish
Karen W. Neely
During the upcoming months, many companies will conduct reviews of their employees' 2006 performance. In the legal arena, performance reviews and other performance documentation indeed can be a company's best friend, or worst enemy.
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Make a New Year's Resolution to Get HR Compliance in Shape! - 01/02/07
Labor & Employment
January 2, 2007
Marilyn M. Fish
Todd H. Stanton
Taking some time over the next couple of weeks to make sure your Human Resources policies and practices make the grade will go a long way toward making your New Year a happy one.
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A Helping Hand for the Employee Handbook - 10/03/05
Labor, Employment & Immigration
October 3, 2005
Shay Zeemer Hable
Kathryn B. Vargo
While some employers groan at the thought of undertaking the task of reviewing or creating a handbook, the benefits of having a thorough, up-to-date employee handbook far outweigh any burden. This is especially true in smaller office environments where corporate norms are often blurred by the relatively intimate setting created by having fewer employees.
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Providing Inaccurate Information In Response To A Reference Check May Subject Employers To Liability For Negligent Misrepresentation - 08/24/05
Labor & Employment
August 25, 2005
Marilyn M. Fish
Kathryn B. Vargo
In a surprising decision, New Jersey's appellate court held that the tort of negligent misrepresentation is applicable against employers who allegedly provide false information in response to reference inquiries.
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Roth Contributions to 401(k) Plans - 06/15/05
Employee Benefits & Executive Compensation
June 15, 2005
Richard L. Arenburg
Armin G. Brecher
Paul F. Concannon
Edmund Emerson III
Castles R. Hollis
Steven G. Schaffer
Beginning in 2006, 401(k) plans (and 403(b) plans) may permit participants to designate some or all of their employee contributions as "Roth contributions." This law change was one of the numerous changes to the rules governing qualified plans made by the Economic Growth and Tax Relief Reconciliation Act of 2001. The IRS recently issued proposed regulations that provide its first round of guidance on Roth contributions to 401(k) plans.
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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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Charging Participants' Accounts for Plan Expenses - 05/03
Emp. Benefits & Exec. Compensation
On May 19, the Department of Labor ("DOL") issued a Field Assistance Bulletin (FAB 2003-3) that significantly changes the DOL's position on charging participants' accounts for certain plan-related expenses.
Our Client Alert (in PDF format) details the DOL's new position.
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