Tag Archives: labor & employment law

Labor and Employment Alert: FMLA’s expanded leave regulations

The Department of Labor (DOL) celebrated the Family and Medical Leave Act’s (FMLA) 20th anniversary by issuing updated regulations, optional notice and certification forms, and a new FMLA poster. (http://www.dol.gov/whd/fmla/2013rule/)

The FMLA applies to all public agencies, including state, local and federal employers, local education agencies (including schools), and private sector employers who employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. Most covered employers are well aware of the FMLA provisions that entitle qualifying employees to 12 weeks of unpaid, job-protected leave in a 12-month period for certain events such as: the birth of a child or the placement of a child for adoption or foster care; to care for a spouse, child, or parent with a serious health condition; or the employee’s own serious health condition.

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Buying or Selling a Business in BC – Labour and Employment Considerations

By Pratibha Sharma

Employees are a valuable asset of any successful business. However, in the context of the purchase and sale of a business, buyers and sellers often do not turn their minds to key labour and employment law considerations relating to these employees until a very late stage in the transaction. The parties to a transaction should not underestimate the impact that the transition of the workforce of a target business can have on both buyers and sellers. The purpose of this article is to highlight a few key labour and employment issues that arise in virtually all business acquisition and sale transactions in BC.

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Labor and Employment Alert: Unprecedented ruling could limit presidential power to make recess appointments

The Federal Appeals Court for the D.C. Circuit (in Noel Canning v. NLRB No. 12-1115) decided on January 25, 2013 that President Obama’s recess appointments from January 4, 2012 were unconstitutional. The appointments included three members of the NLRB, including Sharon Block, Terence F. Flynn and Richard F. Griffin. The specific holding was that no “recess” existed on January 4, 2012, making the Recess Appointment Clause inapplicable. Because of the profound constitutional issues presented, and conflicting opinions from other Appeals courts, this case is likely bound for the U.S. Supreme Court. In the meantime, some legal and practical observations are in order. 

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Charles W. Pautsch quoted in IndustryWeek article on labor union changes in the year ahead

Arnstein & Lehr Attorney Charles W. Pautsch

Charles Pautsch

Arnstein & Lehr Milwaukee Partner Charles W. Pautsch was quoted in IndustryWeek, a management resource magazine, titled “Organized Labor’s Uncertain Future.” The article discusses how manufacturers can expect renewed enthusiasm from unions in the wake of President Obama’s successful re-election bid, however less certain is whether increased activity will translate into increased might or reverse unions’ declining fortunes, especially in manufacturing. Mr. Pautsch comments that any rulings that ease organizing efforts could provide momentum for union activity and that short-term action on that front is most likely to emerge from the National Labor Relations Board.

To read the article in full, please click here.

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The Employer Defense Blog Has a New Focus on Retail Labor and Employment Law

We are pleased to announce today that the Employer Defense Law Blog has a new look and a more focused approach.   The Employer Defense Law Blog will now be known as the Retail Labor and Employment Law Blog, which  will provide insights, news, updates, and commentary on labor and employment law developments affecting employers in the retail industry.

For more than three decades, Epstein Becker Green attorneys have been advising and representing retail clients on a wide array of matters that impact their businesses. Our services have included, among other things, drafting worldwide policies and procedures related to global retail operations; negotiating collective bargaining agreements for countless retail and service unions; advising clients in the retail industry on all aspects of the employment relationship; representing and defending retail clients in connection with federal, state, and local administrative charges and in mediations, arbitrations, and lawsuits; and conducting wage-hour, human resource, and compliance audits for retail companies.

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Labor and Employment Alert: Illinois Supreme Court ruling creates new ramifications for employers and lawyers

The Illinois Supreme Court for the first time confirmed the tort of intrusion upon seclusion, a type of privacy, as a valid cause of action. The facts of the case of Lawlor v. North American Corporation of Illinois, 2012 IL 112530 (Ill. 2012) are rather innocuous. The result, however, has significant ramifications to employers and attorneys alike. Lawyers now have another weapon in their arsenal to use against employers who intrude or pry into employees’ private concerns. Employers and attorneys should take a second to review their post-employment investigative activities to ensure their actions do not rise to the level of this newly recognized tort in Illinois. 

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Labor and Employment Alert: End of an era? Senate Bill 383 seeks to clarify Ohio’s fair employment practices statute

For decades, Ohio appellate courts, Ohio’s General Assembly, employment law practitioners, employers, and employees have struggled with Ohio’s fair employment practices statute, R.C.§4112.01, et seq. Ohio courts have developed law to resolve issues not addressed by the language of the statute, and to ameliorate some of the harshest pitfalls presented to aggrieved employees, only to reverse that law at some later point. The Ohio General Assembly has attempted to clarify certain provisions in the statute only to create more questions or be struck down by the Ohio Supreme Court. Employment law attorneys have become well-versed in the twists and turns of R.C. Chapter 4112 and have devised alternate pleadings and defenses in an effort to cover all bases. Employers have watched their potential liabilities and legal costs expand over the years as employees pursue claims through administrative procedures and under both state and federal law. 

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Labor and Employment Alert: End of an era? Senate Bill 383 seeks to clarify Ohio’s fair employment practices statute

For decades, Ohio appellate courts, Ohio’s General Assembly, employment law practitioners, employers, and employees have struggled with Ohio’s fair employment practices statute, R.C.§4112.01, et seq. Ohio courts have developed law to resolve issues not addressed by the language of the statute, and to ameliorate some of the harshest pitfalls presented to aggrieved employees, only to reverse that law at some later point. The Ohio General Assembly has attempted to clarify certain provisions in the statute only to create more questions or be struck down by the Ohio Supreme Court. Employment law attorneys have become well-versed in the twists and turns of R.C. Chapter 4112 and have devised alternate pleadings and defenses in an effort to cover all bases. Employers have watched their potential liabilities and legal costs expand over the years as employees pursue claims through administrative procedures and under both state and federal law. 

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ILN Today Post

HOWARD & HOWARD SELECTED AS A LABOR & EMPLOYMENT 2012 GO-TO LAW FIRM FOR THE TOP 500 COMPANIES

Royal Oak, Michigan, September 28, 2012: Howard & Howard Attorneys PLLC has been selected as a Labor & Employment “Go-To Law Firm” in the In-House Law Departments at the Top 500 Companies 9th Annual Edition (from the publishers of Corporate Counsel magazine).  Data on each company’s primary law firms is gathered first by surveys sent to General Counsel at each of the top 500 companies and second through research in various key databases such as, ALM Legal Intelligence, LitigationMonitor, Westlaw and others.  Criteria for selection as a “Go-To Law Firm” were: (1) firms named as a “primary law firm” by a General Counsel at a top 500 company; or (2) law firms that were either utilized two or more times in the practice area specified since 2008 and/or counseled the client on a significant transaction/matter. More…

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IRS Announces the Voluntary Classification Settlement Program

Arnstein & Lehr attorney E. Jason Tremblay

E. Jason Tremblay

On the heels of the U.S. Department of Labor’s announcement that it was going to share independent contractor misclassification information with the Internal Revenue Service (“IRS”), the IRS recently announced the implementation of the “Voluntary Classification Settlement Program” (“VCSP”). The VCSP is intended to encourage employers who have misclassified workers, for a relatively small payment to the IRS, to reclassify those workers as employees for federal employment tax purposes. In effect, this allows employers to avoid all but 10% of the past employment tax liability that the companies would have owed for prior years. The IRS will also not conduct employment tax audits of the companies for prior years with respect to the classification of the workers.

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