Proposed Affordable Care Act Fix Falls Flat
11/26/13
By: Seth Kirby
In spite of President Obama’s assurances during his push to pass the Affordable Care Act (“ACA”) that individuals would be able to keep their existing health insurance, thousands of Americans have received notices that their plans have …
Blow to Public Employers: Georgia Supreme Court Expands State Whistleblower Law
11/26/13
By: Amanda Cash
Previously, Georgia’s whistleblower statute prohibited retaliation against public employees who complained or made disclosures about “fraud, waste, or abuse” in government operations or programs. Based on this limited definition, public employers were able to defend against such …
Here Is A Tip For Restaurants – You May Be Able To Include Non-Tipped Employees In Your Tip Pool
11/20/13
By: Brad Adler
In April 2011, the United States Department of Labor issued new tip credit regulations. Among other things, the DOL concluded that tips are the property of the employee and that an employer may never keep any part …
Easy Ways to Avoid A “Sack”: Adding Anti-Harassment Policies to Your Playbook
11/7/13
By: Jennifer Miller
The sports world is abuzz with news that Richie Incognito allegedly bullied his fellow Dolphins teammate Jonathan Martin. According to some reports, Martin received “threatening, racially-charged texts and voicemails” from Incognito.
Stories like this should remind …
Life, Liberty, and the Pursuit of Misdemeanors
11/7/13
By: Ali Sabzevari
Generally in situations where an officer is truly in “hot pursuit” and the underlying offense is a felony, the Fourth Amendment usually yields to the officer’s interest in apprehending the fleeing suspect.
What about situations where the …
U.S. Senate May Pass Legislation That Would Prohibit Employment Discrimination On The Basis Of Sexual Orientation And Gender Identity
11/6/13
By: Bill Buechner
Democrats in Congress are making a strong push to pass the Employment Non-Discrimination Act (“ENDA”), which would prohibit employment discrimination on the basis of sexual orientation and gender identity. ENDA was introduced in the Senate as S.815 …
Cyber Liability Lessons from Edward Snowden
11/5/13
By: Jonathan Kandel
Edward Snowden has been the “gift that keeps on giving” for the U.S. Government. Snowden, a former contractor employee for the NSA (National Security Agency), began leaking highly classified documents related to the NSA’s methods of intelligence …
E-Verify: DHS Issues Guidance For Gap In E-Verify Service During Shutdown
11/5/13
By: Kelly Eisenlohr-Moul
E-Verify is up and running after the government shutdown, leaving many employers questioning how to handle events which occurred during the shutdown. During that period, E-Verify users were unable to access their accounts, verify employment authorization, or …
Suing a Medical Journal for Lost Medical Malpractice Cases: 1st Circuit Says No
11/4/13
By: Michael Eshman
In what the court called an “imaginative but unpersuasive” theory of liability, the 1st Circuit U.S. Court of Appeals rejected a claim brought by unsuccessful medical malpractice plaintiffs against the authors, authors’ employer, and publisher of an …
Third Circuit Requires Warrant for GPS Tracking by Law Enforcement
11/4/13
By: Brian Dempsey
Last year, the Supreme Court addressed the increasingly common use of GPS tracking devices by law enforcement agencies. By covertly attaching a GPS device to a suspect’s vehicle, officers can continually monitor the suspect’s movements. In United …
DOJ Publishes New Affirmative Action Regulations for Federal Contractors and Subcontractors
11/1/13
By: Frank Hupfl
Federal contractors will soon face increased affirmative action requirements in the recruitment, hiring, promotion, and retention of covered veterans and disabled persons. On September 24, 2013, the U.S. Department of Labor (“DOL”) published two final rules expanding …