Labor Law Journal » Federal Employment Law

Federal Employment Law (5 unread)

GETTING TO KNOW GINA.

Posted: March 16th, 2010, 1:00am EDT

Theres a new kid on the block in the anti-discrimination arena, and her name is GINA. Employers should already be familiar with long-standing federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), which prohibit employment decisions made on account of applicants and employees race, color, national original, religion, gender, age and disability. GINA, the Genetic Information Nondiscrimination Act of 2008, now extends these same protections to the protected category of genetic information.
Don't Let "March Madness" Take Over Your Workplace.

Posted: March 16th, 2010, 1:00am EDT

The National Collegiate Athletic Association (NCAA) has announced the 65 college teams participating in its 2010 Mens Division I Basketball Championship. This begins the nearly three-week single-elimination tournament that takes place mainly during March. It is appropriate now to consider the potential effect the basketball tournament may have on the workplace.
OSHA Lists Workplaces with High Injuries and Illnesses.

Posted: March 16th, 2010, 1:00am EDT

The Occupation Safety and Health Administration has released a list of about 15,000 workplaces with the highest numbers of injuries and illnesses in the nation for their industries, based on OSHAs most recent survey. The agency stated it has sent a letter to these workplaces urging prompt attention to this issue, along with copies of their injury and illness data and a list of the most frequently cited OSHA standards for their specific industry.
Paycheck Fairness Act Would Negatively Impact Businesses, Jackson Lewis Partner Cautions.

Posted: March 16th, 2010, 1:00am EDT

Jackson Lewis Partner Jane McFetridge presented a compelling case to the U.S. Senate Committee on Health, Education, Labor and Pensions that proposed pay equity legislation could further harm employers already reeling from the ongoing economic crisis. Ms. McFetridge, Managing Partner of the firms Chicago office, was one of six witnesses to offer testimony during the Committees March 11th hearing on the pending Paycheck Fairness Act (S. 182), a measure that would fundamentally change the Equal Pay Act of 1963 (EPA), exposing employers to far greater liability than they face now.
Third Circuit Holds that Medical Evidence and Lay Testimony Combined May Be Sufficient to Establish a Serious Health Condition Under the FMLA.

Posted: March 16th, 2010, 1:00am EDT

The U.S. Court of Appeals for the Third Circuit recently ruled in Schaar v. Lehigh Valley Health Servs., Inc., et al., 2010 WL 825257 (3d. Cir. 2010), that a combination of medical evidence and lay testimony can establish a question of material fact as to whether an employee has a "serious health condition" under the Family and Medical Leave Act ("FMLA"). In doing so, the Third Circuit adopted a middle-ground approach in a growing split among the courts that have addressed this question.