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H.R. Alert

October 2006

The National Labor Relations Board (“NLRB”) Issues Important Ruling on Who Is a Supervisor Under the National Labor Relations Act (“NLRA”)
Discipline of Public Employee at County Hospital for Wearing Pro-Labor Union Button Upheld

Employers Take Note – The Equal Employment Opportunity Commission Announces Changes to EEO-1 Reports
Supervisor’s Knowledge of His Own Malfeasance Contrary to OSHA’s Regulation Is Not Imputable to the Employer Where the Employer’s Safety Policy, Training and Discipline are Sufficient to Make the Supervisor’s Conduct in Violation of the Employer’s Safety Policy Unforeseeable

The Fifth Circuit Court of Appeals Reverses Summary Judgment in Favor of Employer and Orders a Title VII Trial to Proceed Where the Employer Claims a “Mistake” in Stating its Reasons for Discharging the Plaintiff/Employee
The Fifth Circuit Finds that Alleged Touching Can Be Severe Workplace Harassment
ICE Publishes an Interim Rule Permitting the Electronic Signing and Retention of I-9 Forms

Retaliation Under Title VII – The United States Supreme Court Upholds A Lesser Standard of Proof
$1 Million Jury Award Upheld for Violation of the Family and Medical Leave Act
The Department of Labor Holds That Restaurants Cannot Deduct for Uniform Cleaning

In an Action Alleging Unlawful Employment Practice Based on Disparate Impact in Violation of Title VII, the Plaintiff Bears the Burden of Proving Acceptable Alternative Business Practices
The Equal Employment Opportunity Commission (EEOC) Issues Guidance Addressing Discrimination Geared Toward Contemporary Work Force Issues
The Department of Labor (“DOL”) Issues Opinion Letters Which Are Illustrative of the DOs and DON’Ts of Deducting Fees and Making Other Payroll Deductions From an Employee’s Salary

United States Supreme Court Holds Plant Manager’s Occasional Reference to African American Employees as “Boy” Potentially Probative of Discriminatory Intent
United States Supreme Court Hears Oral Arguments Regarding What Constitutes Retaliation in White v. Burlington N & Santa Fe Railroad Company
Fifth Circuit Holds “Paramour Favoritism” Is Not Prohibited By Title VII
Fifth Circuit Dismisses FMLA Suit Against Employer Citing Lack of Adequate Notice Concerning Employee’s Health Condition
Employer’s Explanation That Employee Was not Sufficiently Suited to a Position was not Specific Enough to Meet Employer’s Burden Under McDonnell Douglass
Immigration Reform Heads Back To Congress

Title VII's 15 Employee Requirement Threshold Is Not Jurisdictional
ADA Assessments: A Case By Case Analysis
The ADA Requires an Interactive Process
Social Security Administration Implements Free Online Social Security Number Verification Service for Employers

The Department of Labor Announces Final USERRA Regulations
A Look at a Key Development in ERISA - The Fifth Circuit Applies Equitable Estoppel
Call-In Policies and the Family and Medical Leave Act

The Equal Employment Opportunity Commission Approves Revisions to its Employer Information Report, the EEO-1, Effective for the 2007 Reporting Cycle
EEO-1 2005 Filing Deadline Extended to March 31, 2006 for Companies Located in Areas Damaged by Katrina
Department of Labor Finalizes USERRA Regulations
Department of Homeland Security Hits Cap on H-1B 'Exemption' for Workers With Advanced Degrees
U.S. Supreme Court Decides to Review Case to Determine the Standards in which the Hiring of Undocumented Workers Violates the Racketeer Influenced and Corrupt Organizations Act

U.S. Supreme Court Decides to Review Key Case on What Constitutes Retaliation Under Title VII
Fifth Circuit Rules 60-Day Election Period for Coverage Continuation Under COBRA is Minimum Election Period in Absence of Language Governing Maximum Length of Election Period
Helpful Web sites for Employers

Discrimination and Comparative Evidence - The Fifth Circuit Determines Who is "Similarly Situated"
New OFCCP Regulations Define “Internet Applicant,” Federal Contractors’ Duties
Release of Employment Claims Associated With a Reduction in Force or the Family and Medical Leave Act Must be Done Properly
United States Supreme Court Rules in Favor of Employees in Dispute Under the Fair Labor Standards Act
Notice of Medicare - Part D Credible Coverage