A provision of the Philadelphia Home Rule Charter barring police officers from making contributions to political candidates is an outdated attempt to stop corruption on the force that can no longer pass constitutional muster, an attorney for the Fraternal Order of Police told the Third Circuit on Tuesday.
The Seventh Circuit on Friday found that two separate for-profit companies and their owners can invoke the Religious Freedom Restoration Act to protect them from having to pay for health insurance that provides employees with access to contraception.
Members of the National Labor Relations Board revealed on Friday that they are in the process of deciding whether to move forward with the board's controversial regulations to streamline the union election process.
A New Jersey Senate committee on Thursday advanced a bill that would create a bright-line prohibition on workplace discrimination against pregnant women but amended it, adding language to grant businesses more latitude.
Beginning this week, Law360 will profile the elite law firm partners whose exemplary work on critical litigation, mammoth deals and first-of-their-kind global matters earned them a spot on this year's list of MVP award winners.
The Health and Human Services, Labor and Treasury departments on Friday released a long-awaited final rule requiring group health care plan providers to offer equal access to treatment for mental health and addiction as they do for medical and surgical services.
A measure that aims to protect lesbian, gay, bisexual and transgender workers from discrimination won enough support Thursday to clear the U.S. Senate, but lawyers say a contentious gender identity provision and a religious employer exemption that some Republicans criticize as too limited will likely doom the Employment Non-Discrimination Act in the GOP-controlled House of Representatives.
Gov. Jerry Brown on Wednesday said the head of California’s Labor and Workforce Development Agency has retired from his post and that Brown’s chief deputy legislative affairs secretary will take over the role.
A coalition of business groups urged the Internal Revenue Service on Wednesday to scale back reporting requirements called for under the Affordable Care Act's employer mandate, saying the proposed system requiring larger employers to provide health care coverage information for all their workers would be burdensome.
The U.S. Equal Employment Opportunity Commission's controversial recent guidance on employer use of criminal background checks is not intended to bar businesses from conducting screens necessary to protect their assets and workforces, the senior counsel to Commissioner Victoria A. Lipnic said Thursday.
The Occupational Safety and Health Administration on Thursday released a proposed rule to make workplace injury and illness information publicly available in an effort to encourage safer workplace environments.
Residents of Stockton, Calif., on Tuesday passed a tax hike that is intended to resolve the city’s debt crisis by taking the heat off of bondholders and retirees, but experts say raising taxes isn’t necessarily a realistic solution for other bankrupt municipalities.
The U.S Senate on Thursday voted to approve the Employment Non-Discrimination Act, a bill which for the first time imposes a federal ban on workplace discrimination based on sexual orientation or gender identity.
The Senate on Tuesday passed a widely supported House bill that would amend the Davis-Bacon Act by transferring the authority to pay federal wage adjustment claims for construction workers from the U.S. Government Accountability Office to the U.S. Department of Labor.
San Francisco voters on Tuesday passed a measure that seeks to eliminate $4.4 billion in unfunded retiree health care liabilities over a 30-year period by preventing officials from raiding the city’s retiree health trust fund for other purposes.
New Jersey residents voted Tuesday to increase the state’s minimum wage from $7.25 to $8.25 starting in January, approving a constitutional amendment that also will tie future increases to rises in the cost of living.
The Illinois House of Representatives voted Tuesday to approve a marriage equality bill that passed the Illinois Senate earlier this year, sending the bill to Gov. Pat Quinn, who has vowed to sign it, and clearing the way for Illinois to become the 15th state to embrace marriage equality.
During oral arguments before the Texas Supreme Court on Tuesday, two same-sex couples argued they are being illegally denied the right to divorce in a violation of their right to equal protection.
A bipartisan group of U.S. senators on Tuesday introduced a bill aimed at curbing questioning at military pretrial hearings, a response to recent reports of lawyers’ abusive treatment of rape victims in the armed forces.
Citing Johnson & Johnson’s $2.2 billion deal with federal prosecutors to settle False Claims Act allegations over illegal marketing of three of its banner drugs, a Pennsylvania legislator on Monday renewed his push for the General Assembly to enact its own whistleblower law.
From dog sniffs and DNA to the Voting Rights Act and DOMA, the U.S. Supreme Court had its hands full in the last term. And 2013 brings an equally lively docket, with decisions expected on campaign spending, recess appointments and affirmative action, to name a few. There will also be more cases on Fourth and Fifth Amendment issues, and no fewer than eight cases involving the U.S. Environmental Protection Agency, says Jason Steed of Bell Nunnally & Martin LLP.
New Jersey residents voted to increase the state’s minimum wage from $7.25 to $8.25, but employers are likely to feel an increase in pressure of being able to sustain their businesses. Meanwhile, in evaluating whether minimum wage boosts employment and helps the economy, a study by economists at the National Bureau of Economic Research showed the opposite, say attorneys with Seyfarth Shaw LLP.
It seems that by publicizing “voluntary” permissible exposure limits, the Occupational Safety and Health Administration can skip the administrative rulemaking process and substitute tort plaintiffs — and workers’ compensation claimants — for OSHA regulators in enforcing lower PELs, say James Scadden and Samuel Jubelirer of Gordon & Rees LLP.
In a perfect world, two separate federal laws that both require employers to provide health and welfare benefits to employees would be consistent with each other and, if there is an apparent conflict, government agencies would walk employers through how to comply. Unfortunately, we don’t live in a perfect world, say Kenneth Weckstein and Shlomo Katz of Brown Rudnick LLP.
The outcome of Lawson v. FMR LLC, the first Sarbanes-Oxley Act whistleblower case to reach the U.S. Supreme Court, may turn on how the justices resolve a hypothetical posed by Justice Stephen Breyer about a gardener hired to mow the lawn for a publicly traded corporation, say Edward Ellis and Stephen Melnick of Littler Mendelson PC.
Despite the benefits of publishing and consistently enforcing progressive discipline policies, individuals and business owners alike can think of examples where employers have not published or adhered to their own protocols, says R. Scott Oswald of The Employment Law Group PC.
Brinker Restaurant Corp. v. Superior Court made it clear that California employers do not have to police meal and rest periods, so it would seem employers have a safe harbor so long as employees have the freedom to take meal and rest breaks, right? Not so fast, says Joshua Kienitz of Littler Mendelson PC.
On Oct. 31, 2013, the IRS issued guidance relaxing the use-or-lose rule applicable to health flexible spending arrangements under employers’ cafeteria plans. Employers with calendar year plans that want to adopt this carryover provision for unused health FSA balances remaining at the end of 2013 will need to act quickly, say Marcus Wu and Lori Partrick of Pillsbury Winthrop Shaw Pittman LLP.
As if compliance with the Foreign Corrupt Practices Act and U.K. Bribery Act were not more than enough to keep general counsels awake at night, there is now one more concern that is sure to cause even more sleepless nights: Misrepresenting the true reason a worker is coming to the U.S. opens up a company to criminal exposure, say Peter Zeidenberg of DLA Piper and Brian Green of Murthy Law.
Although recent wins by defendants in say-on-pay lawsuits should help limit proxy litigation relating to compensation-related disclosures, it is reasonable to expect that plaintiffs’ counsel will continue to find ways to target companies and their directors in this type of litigation. To minimize litigation risk related to disclosure claims, corporate counsel should remain proactive in six areas of business, say Jordan Eth and Mark R.S. Foster of Morrison & Foerster LLP.