The U.S. Supreme Court has held, by unanimous opinion, that an employer may be held liable for employment discrimination under the Uniformed Services Employment and Reemployment Rights Act (USERRA) based on the “discriminatory animus” of an employee who influenced, but did not make, an ultimate employment decision. In interpreting the so-called "cat’s paw" theory of
Employment Laws
Employees who stop coming to work because business is closing are entitled to 60-day notice under the WARN Act.
By Maria Danaher on
Posted in Employment Laws
The Worker Adjustment and Retraining Notification (WARN) Act states that an employer cannot order a plant closing or mass layoff that will affect 50 or more employees without a 60-day written notice to each affected employee. An “affected employee” is someone who is expected to experience an employment loss as a result of the closure…
The IRS has developed a form affidavit to confirm that an individual is a “qualified employee” under the new HIRE Act.
By Maria Danaher on
Posted in Employment Laws
The Internal Revenue Service has developed a form (Form W-11) for use by employers to confirm that an employee is a qualified employee under the Hiring Incentives to Restore Employment (HIRE) Act. While it is acceptable to use a similar statement, such alternate statement will only be acknowledged by the IRS if it contains…
Newly signed “jobs bill” provides tax breaks to companies that hire unemployed workers.
By Maria Danaher on
Posted in Employment Laws
On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which contains more than $17 Billion in tax credits aimed to stimulate employment, and includes $20 Billion for highway and transit infrastructure programs. One of the most important provisions for businesses is a tax credit for hiring from the…
Company violated federal law by accessing employee’s invitation-only MySpace chat group without authorization.
By Maria Danaher on
Posted in Employment Laws, Social Networking
In an unpublished opinion, a federal district court in New Jersey has upheld a jury verdict in which a company was found liable for violating the federal Stored Communications Act (SCA). The violation occurred when the company’s managers intentionally accessed a “chat group” on an employee’s MySpace account without having received authorization from the MySpace…
Summary judgment standard requires court to view evidence in light most favorable to non-moving party.
By Maria Danaher on
Posted in ADEA, Employment Laws
Litigation often ends when one party files a motion for summary judgment, asking the court to determine that there is no issue of material fact for the jury, and asserting that a decision can be made in its favor based solely on the legal issues. In reviewing a motion for summary judgment, a court must…
Sarbanes-Oxley’s 90-day statute of limitations not triggered by conditional firing.
By Maria Danaher on
Posted in Employment Laws, Health Law
An employee alleging a violation of the Sarbanes-Oxley Act (SOX) must file a complaint within 90 days from the date of that alleged violation. That 90-day period begins to run from the date on which the complainant knows or reasonably should know that the complained-of act has occurred. In whistleblower cases under SOX, the 90-day…
Employer 2009 “to do” list
By Marla Presley on
Posted in Employment Laws
As you plan for 2009, every employer should take steps to address the amendments to the Americans with Disabilities Act (ADA), the new Family and Medical Leave Act (FMLA) regulations, and the anticipated passage of the Employee Free Choice Act (EFCA). The following is a suggested "to do" list.