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Selected items by law firms recently posted on the Internet

Selected items by law firms recently posted on the Internet
Source: Lexology in cooperation with the Association of Corporate Counsel
[Click on caption to access item posted on the Internet]

Court, not arbitrator, decides contract formation question in the arbitration context
Kelley Drye & Warren LLP
Alfred Janiga has lived and worked in the United States for over 20 years since his arrival from Poland.

Washington - Washington court holds statute of limitations doesn't apply to arbitration
Stoel Rives LLP
In Broom v. Morgan Stanley DW, Inc., the Washington State Supreme Court held that state statute of limitations did not apply to a contractual arbitration.

New York - New York Department of Labor issues another round of substantially revised WARN regulations
Ogletree Deakins
On July 9, the New York Department of Labor published another substantially revised Notice of Emergency Adoption and Proposed Rule Making under the state Worker Adjustment and Retraining Notification (NY WARN) Act (12 NYCRR Part 921).

New York - Effective date of emergency regulations issues regarding mandatory overtime for nurses extended to October 6
Ogletree Deakins
On July 9, the New York Department of Labor reissued emergency regulations (first adopted on April 28, 2010) which extend the effective date of the emergency regulations to October 6, 2010.

Health care reform: notice the notices
Fox Rothschild LLP
If you are a regular reader, you know that I have been spending a lot of time addressing health care reform and upcoming plan administration and design issues.

Nurse wage-fixing cases - an update
Littler Mendelson
In partnership with the Service Employees International Union (SEIU), beginning in 2006 nurses brought antitrust class actions lawsuits against major health systems in Memphis, San Antonio, Albany Chicago, Detroit, and Arizona, alleging that hospital employers in each of these markets conspired to suppress nurses' wages.

Massachusetts - Governor signs CORI reform prohibiting Massachusetts employers from inquiring about criminal convictions on ?initial? applications
Seyfarth Shaw LLP
On August 6, 2010, Governor Patrick signed into law legislation overhauling the Commonwealth's Criminal Offender Record Information law (CORI).

Ohio - Break time for nursing mothers required under the FLSA
Roetzel & Andress
In a previous blog article posted September 22, 2009, Lactose Intolerant?, we reported that the Supreme Court of Ohio ruled that an employee terminated for taking unauthorized breaks to pump breast milk was not discriminated against on the basis of pregnancy when the former employee's deposition testimony revealed that the employer did not know the reason for her unauthorized breaks.

Department of Justice celebrates the 20th anniversary of Americans With Disabilities Act by overhauling regulations regarding public accommodations
Squire Sanders & Dempsey LLP
Celebrating the 20th anniversary of the Americans With Disabilities Act (ADA), the Department of Justice (DOJ) announced the issuance of the Revised ADA Regulations Implementing Title III ("2010 Regulations"), which include revised ADA Accessibility Guidelines for Buildings and Facilities ("2010 Standards").

Health care bill provides mandatory break time for nursing mothers
Bradley Arant Boult Cummings LLP
Who knew that the Patient Protection and Affordable Care Act, Public Law 111-148 ("PPACA") was amending the Fair Labor Standards Act?

California - Making sure your unpaid interns are not considered employees
Fox Rothschild LLP
California employers that have unpaid interns should take note of an opinion letter issued by the California Division of Labor Standards Enforcement on April 7, 2010.

DOL clarifies and expands application of FMLA to "son or daughter"
Reinhart Boerner Van Deuren SC
The DOL issued an Administrator?s Interpretation clarifying that the leave entitlement under the Family and Medical Leave Act (FMLA) for birth, bonding following adoption or foster care placement, or to care for a "son or daughter" with a serious health condition extends to nontraditional family arrangements (i.e., same-sex couples).

Non-discrimination rules for health plans
Quarles & Brady
The non-discrimination rules under Section 105(h) of the Internal Revenue Code have applied to self-insured health plans for over 30 years.

Health care reform internal and external appeal requirements for group health plans
Foley & Lardner LLP
On July 23, 2010, the IRS, the Employee Benefits Security Administration (EBSA), and the U.S. Department of Health and Human Services (HHS) jointly published a final rule implementing the new provisions of the Patient Protection and Affordable Care Act (PPACA) governing a group health plan's internal claims and appeal processes and external appeal requirements.

Health and Human Services wants comments on exchanges
Fox Rothschild LLP
Step one in the process of creating insurance exchanges required under the PPACA (health care reform) is officially underway.

DOL issues interim final regulation requiring improved fee disclosure for pension plans
Quarles & Brady
The Employee Retirement Income Security Act ("ERISA") requires plan fiduciaries, when selecting and monitoring service providers and plan investments, to act prudently and solely in the interest of the plan's participants and beneficiaries.

DOL issues new regulations on fee disclosures for retirement plans
Leonard Street & Deinard
Payments to fiduciaries and other parties in interest for providing administrative and investment services to ERISA-covered retirement plans are prohibited transactions under both ERISA and the Internal Revenue Code.

DOL withdraws proposed rule defining welfare benefit plan
Littler Mendelson
The Department of Labor has withdrawn its proposed rule defining "welfare benefit plan" under the Employee Retirement Income Security Act (ERISA).

California - Supreme Court lets stand San Francisco?s health care ordinance
Fox Rothschild LLP
In June, the US Supreme Court declined to hear the appeal, brought by San Francisco employers, of a federal court's decision upholding the city's health care law.

The implications of losing ?grandfathered plan? status
Fox Rothschild LLP
As many employers may already know, the new health care reform law has created a special status for health care plans that allows them to be exempt from many of the law's new requirements - a status referred to as "grandfathered plan status.

Health care reform legislation guidance issued on coverage of preventive health services
Womble Carlyle Sandridge & Rice PLLC
On July 14, 2010, the Internal Revenue Service, the Department of Labor, and the Department of Health and Human Services issued another set of interim final rules for group health plans and health insurance coverage in the individual and group markets under the recent health care legislation (the "Rule").

Full post as published by New York Public Personnel Law on August 19, 2010 (boomark / email).