Kin Care (McCarther v. Pacific Telesis Group)
Sep 29, 2011
In McCarther v. Pacific Telesis Group, the California Supreme Court held that Labor Code Section 233, commonly known as the kin care statute, applies only to employer sick pay policies that provide emp...
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FMLA—Serious Health Conditions (Schaar v. Lehigh Valley Health Services)
Sep 29, 2011
In Schaar v. Lehigh Valley Health Services, the Third Circuit Court of Appeals held that an employees own testimony that she was incapacitated due to illness for a period of three or more days could su...
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Definition of “Employer” for Wage and Hour Liability (Martinez v. Combs)
Sep 29, 2011
In Martinez v. Combs, the California Supreme Court concluded that the definition of employer for purposes of wage and hour claims may extend beyond the workers employer to those companies with whom the...
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Text Messages—Privacy (City of Ontario v. Quon)
Sep 29, 2011
In City of Ontario v. Quon, the United States Supreme Court found an employer had the right to review transcripts of text messages sent and received on the pager issued to its employee.The court acknow...
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DOL Clarified FMLA Definition of “Son or Daughter”
Sep 29, 2011
On June 22, the U.S. Department of Labor (DOL) announced that it has clarified the definition of son or daughter under the Family and Medical Leave Act (FMLA).The new DOL administrative interpretation ...
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Non-Compete Agreement Held Unenforceable
Sep 29, 2011
In Dowell v. Pacesetter, Inc., a case involving complex claims and cross-claims between a biotech company and St. Jude, aCalifornia court once again declined to enforce a non-compete agreement between ...
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HIPAA Regulations Regarding Breaches of Security
Sep 29, 2011
The U.S. Department of Health Human Services recently issued regulations expanding the obligations of employers, covered entities and business associates when a breach occurs that results in the relea...
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I-9 Audit Notices Coming
Sep 29, 2011
The Department of Homeland Security Immigration and Customs Enforcement (ICE) has issued Notices of Inspection to 1,000 employers across the country associated with critical infrastructure.From initial...
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New Legislation May Provide Paid Sick Leave for Individuals with H1N1
Sep 29, 2011
Legislation has been introduced by House of Representatives Democrat George Miller that would require employers of more than 15 employees to pay for five days sick leave for employees who are sent home...
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Military Family Leave Rights Under FMLA Expanded
Sep 29, 2011
The October 2009 amendments to the Family Medical Leave Act override regulations that limited military family leave under the FMLA to family members of service members in the National Guard or Reserves...
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