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Selected court decisions concerning employment issues noted by law firms

Selected court decisions concerning employment issues noted by law firms
Source: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]

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Q&A for federal contractors and subcontractors subject to posting requirements of Executive Order 13496
Prepared by Baker & Daniels LLP
As discussed in Baker & Daniels' May 25, 2010, alert, the U. S. Department of Labor recently issued a rule requiring certain federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (NLRA).

DOL expands leave rights under FMLA
Prepared by Fisher & Phillips LLP
On June 22, 2010 the Department of Labor issued an Administrative Interpretation clarifying the definition of "son or daughter" under the Family and Medical Leave Act (FMLA) with respect to non-military leave.

Unanimous U.S. Supreme Court ruling in "Quon" highlights importance of employer technology-usage and privacy policies
Prepared by Gibson Dunn & Crutcher LLP
On June 17, 2010, the United States Supreme Court unanimously decided City of Ontario v. Quon, No. 08-1332, 560 U.S. _ (2010), holding that the city's review of an employee's text messages on an employer-issued device was a reasonable search under the Fourth Amendment.

DOL expands FMLA coverage to include leave to care for same-sex couples' children
Prepared by Williams Mullen
On June 22, 2010, the US Department of Labor (?DOL?) issued an ?Administrator?s Interpretation Letter" expanding the protections of the Family Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq., (?FMLA?), to require employers who are subject to the FMLA to provide gay and lesbian employees unpaid time off to care for newborns or a non-adoptive, non-biological child with a serious health condition, a right that has been available to heterosexual employees for nearly two decades.

Ninth Circuit affirms Gap, Inc.?s data breach win
Prepared by Womble Carlyle Sandridge & Rice PLLC
On May 28, 2010, the United States Court of Appeals for the Ninth Circuit affirmed a district court decision against a job applicant who sued Gap, Inc. when two laptops containing applicants? personal information were stolen from a vendor who processed job applications for Gap.

Supreme Court muddies the water regarding timely filing of ?disparate impact? claims
Prepared by Foley & Lardner LLP
If an employer adopts a practice that has an adverse effect on a particular race of employees, can those employees sue years later, if the employer uses that practice to make additional employment decisions that negatively affect those employees?

Supreme Court strikes down two-member NLRB
Prepared by Baker & McKenzie
Two heads are better than one, but are they better than three? "

Company liable for improperly accessing e-mails, but no individual liability
Prepared by Winston & Strawn LLP
A federal district court held that certain individuals who read printouts of an employee's personal e-mail that had been improperly accessed could not be held individually liable for violations of the Stored Communications Act ("SCA"), while the suit could proceed against the company, an affiliated company, and the company's president who had accessed the e-mails.

Supreme Court refuses to make landmark privacy ruling
Fox Rothschild LLP
The Supreme Court issued a ruling yesterday (8-1) in Ontario, Calif. v. Quon, U.S., No. 08-1332, 6/17/10, basically punting on elaborating on Fourth Amendment privacy rights because technology is still emerging.

Labor union e-mail campaign did not violate the Computer Fraud and Abuse Act
Prepared by Winston & Strawn LLP
In a recent federal district court case, a company alleged that a labor union undertook a targeted effort to sabotage and interrupt its business operations by "inundat[ing]" the company with mass quantities of phone calls and e-mails to inhibit its ability to conduct day-to-day business activities and to intimidate its employees.

New Jersey - Expectation of privacy in personal e-mails stored on company computers
Prepared by Winston & Strawn LLP
A recent decision by the Supreme Court of New Jersey held that an employee could reasonably expect privacy in her e-mails stored on her employer's electronic resources when the e-mails involved attorney-client communication.

Early retiree reinsurance program
Prepared by Brownstein Hyatt Farber Schreck LLP
The Early Retiree Reinsurance Program is a temporary program established under section 1102of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to provide financial incentives to sponsors of "employment-based plans" to continue providing health coverage to certain early retirees.

HHS issues draft application, FAQs for early retiree reinsurance programPrepared by Foley & Lardner LLP
The U.S. Department of Health and Human Services (HHS) recently posted a draft application and frequently asked questions (FAQs) regarding the Early Retiree Reinsurance Program (the Program) on its Office of Consumer Information and Insurance Oversight (OCIIO) Web site (http://www.hhs.gov/ociio/regulations/index.html#early_retiree).

Full post as published by New York Public Personnel Law on June 29, 2010 (boomark / email).