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| As layoffs around the country
continue to make headlines, some among the newly unemployed are venting their frustrations by
posting their stories and grievances online, on blogs and other Web sites. But people may attract
the wrath of a former employer if it thinks they used or exposed confidential information about it,
violated a noncompete agreement with it or defamed it. |
| (Source: The New York Times (free reg. req'd),
2008-07-06) |
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| With 62,000 jobs lost
nationwide in June, and workers' anxiety about layoffs growing, many employers are getting creative
before pulling out the pink slips. They're cutting overtime, getting rid of the office cleaning
service and slashing perks before sending loyal workers into an uncertain job market. |
| (Source: The Morning Call,
2008-07-08) |
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| IT consulting firm Bluewolf
lets employees take as much vacation as they want, whenever they want -- as long as they meet their
goals. Bluewolf is part of a small but growing group of companies of all sizes that let employees
manage their own time. |
| (Source: BusinessWeek, 2008-07-02) |
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| Employee programs that promote
healthy lifestyles with monetary carrots and sticks are becoming increasingly popular, but
small-business owners should proceed with caution. Some wellness programs might violate the federal
Americans With Disabilities Act and the Health Insurance Portability and Accountability Act. |
| (Source: CNNMoney.com, 2008-07-03) |
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| The recent California Supreme
Court ruling allowing for same-sex marriages may not stick, but employers throughout the United
States had better know now whether they will extend health-care benefits to same-sex spouses. Since
the Supreme Court ruling took effect June 17, employers need to decide how to handle health-care
benefits for same-sex spouses, experts say. |
| (Source: Financial Week, 2008-07-02) |
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| Under pressure from the
toughest crackdown on illegal immigration in two decades, employers across the country are fighting
back in state legislatures, the federal courts and city halls. While much of the employer activity
has been at the grass-roots level, a national federation has been created to bring together the
local and state business groups that have sprung up over the last year. |
| (Source: The New York Times (free reg. req'd),
2008-07-06) |
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| U.S. employees are making do
with fewer days or none at all as companies reduce the benefit. Lawmakers are stepping in. |
| (Source: Los Angeles Times (free reg. req'd),
2008-07-07) |
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| Designed to protect employee
benefits, the federal Employee Retirement Income Security Act has been used by employers as a shield
against suits. |
| (Source: Insurance Journal,
2008-07-07) |
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| A former accountant for
Rachael Ray's TV cooking show has filed a $1 million lawsuit saying he was forced out of his job
because he has an eating disorder. Aaron Ferguson says in papers filed in Manhattan's state Supreme
Court that he has suffered from anorexia for about six years. |
| (Source: Mercury News (free reg. req'd),
2008-07-03) |
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| David Carr |
What applicants appear more appealing than those already trained by a competitor, and ready to
hit the ground running from day one? No non-compete, so no problem, right?
Hiring remains a common trap for the unwary employer. Too often employers focus on merely the
qualifications of candidates, and fail to appreciate the larger context of the employment scenario.
Even when dealing with employees-at-will, and the absence of any non-compete obligation, big
problems may surface after the hire.
Read the entire article regarding tort
of tortious interference.
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| Jenifer
Brown |
Christl
Glier |
On June 6, 2008, President Bush signed an Executive Order instructing federal agencies to
require federal contractors to verify the employment eligibility of all new hires and any current
employees assigned to work on federal contracts using E-Verify. In response to the Executive
Order, a proposed rule has been published that would amend the federal regulations to reflect this
requirement. The proposed rule was published on June 12, 2008, and public comments can be
submitted through August 11, 2008, to FAR Desk Officer, OMB, Room 10102, NEOB, Washington, DC
20503. Once the 60-day public comment period has closed, revisions may be made, and a final
rule will be published. The new final rule will be effective 30 days after publication.
Until that date, participation in E-Verify remains voluntary for all employers, including federal
contractors. E-Verify is a free, internet-based system operated by United States Citizenship
and Immigration Services in partnership with the Social Security Administration and allows enrolled
employers to verify the employment eligibility of certain employees online.
Please contact a member of our immigration group with questions
concerning federal contractor requirements or enrollment in the E-Verify program.
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What's MMI?
MMI stands for "maximum medical improvement." MMI is the point at which medical treatment
options have been exhausted. The injured worker's condition has plateaued and more medical
care will not improve it. Generally, that's the point at which permanent total disability
(PTD) or restricted work ends, and the claim is ready for some final settlement.
Please contact Ann Stewart if you have any worker's comp questions.
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