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| Corporate Compliance |
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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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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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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The OFCCP Finally Issues the Long-Awaited Definition of Internet Applicant and Related Recordkeeping Requirements - 10/12/05
Labor, Employment & Immigration
October 12, 2005
Marilyn M. Fish
Kathryn B. Vargo
The U.S. Department of Labor's Office of Federal Contract Compliance ("OFCCP") requires covered federal contractors, to the extent possible, to gather and maintain race, gender and ethnicity data on job applicants and employees. Following a lengthy revision process, the OFCCP has amended a contractor's recordkeeping requirements for Internet job applicants.
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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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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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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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