Department Of Homeland Security Abandons No-Match Rules But Supports E-Verify
7/9/09
The Secretary of the Department of Homeland Security announced yesterday that the DHS intends to propose a regulation rescinding the Social Security “no-match” rules. The no-match rules provide steps for employers to take when they receive letters informing them that …
Medicare Secondary Payer Registration and Reporting Deadlines Postponed
6/5/09
As most insurers and self-insureds are aware, Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 took effect this year and imposes stiff penalties for failure to take certain steps when settling cases where Medicare has paid …
Employee Free Choice Act Reintroduced In Congress
3/11/09
On Tuesday, the Employee Free Choice Act (“EFCA”) was reintroduced in Congress. The bill was sponsored by Senator Tom Harkin (D-MA) and Representative George Miller (D-CA), the House Education and Labor Committee Chair. If passed, EFCA would dramatically change union …
Federal Agencies May Require Project Labor Agreements For Federal Construction Projects
2/16/09
On Friday, February 6, 2009, President Barack Obama issued what may be the most far reaching of the various Executive Orders he has issued affecting federal contractors.
The Executive Order, entitled “Use of Project Labor Agreements for Federal Construction Projects,” …
Stimulus Bill Clears Congress: What Employers Need To Know
2/16/09
The American Recovery and Reinvestment Act of 2009 (“ARRA” or “the Act”) has been largely publicized in terms of its price tag, roughly $787 billion. However, the Act also contains several provisions affecting employers’ workplace duties. …
President Obama Issues Executive Orders Affecting Federal Contractors
2/13/09
President Barack Obama has executed three executive orders covering contractors who receive money from the federal government.
In Executive Order 13495, entitled “Notification of Employee Rights Under Federal Labor Laws,” President Obama expressly revoked President Bush’s Beck Order which required …
President Obama Signs Lilly Ledbetter Fair Pay Act
2/4/09
President Obama signed the Lilly Ledbetter Fair Pay Act (“Fair Pay Act”) into law last Thursday, making it the first bill he signed as President. The Fair Pay Act overturns the Supreme Court’s decision in Ledbetter v. Goodyear Tire & …
Supreme Court Issues New Retaliation Decision
1/28/09
This week, the United States Supreme Court issued a decision clarifying what conduct constitutes “opposition” for purposes of a retaliation claim under Title VII of the Civil Rights Act of 1964, as amended. This case expands the protection afforded to …
Changes to the Familiar Form I-9
1/16/09
U.S. Citizenship and Immigration Services (“USCIS”) has issued an interim rule that makes changes to the Form I-9 employment verification process. The interim rule amends regulations governing the types of documents employers may accept for the I-9 Form and also …
The DOL Issues New FMLA Regulations
12/17/08
On November 17, 2008, the Department of Labor (“DOL”) issued new regulations implementing the Family and Medical Leave Act. These regulations become effective on January 16, 2009. As these new regulations modify the obligations imposed upon employers and alter the …
Supreme Court of Georgia Reverses Court of Appeals, Finding HIPAA Precludes Defense Counsel's Ex Parte Conversations with Plaintiff’s Doctors
11/3/08
In a previous LawLine article, we reported on the Georgia Court of Appeals’ decision in Austin v. Moreland, 288 Ga. App. 270, 653 S.E.2d 347 (2007). Yesterday, the Supreme Court of Georgia unanimously reversed that decision.
Austin involved a …
Congress Passes ADA Amendments Act of 2008
9/25/08
The Americans with Disabilities Act (“ADA”) is about to undergo a major change. Last week, Congress passed the ADA Amendments Act of 2008 (“ADAAA”), which will overturn two prior Supreme Court cases and dramatically increase the scope of employees covered …