The Family and Medical Leave Act (FMLA) is celebrating its 20th anniversary this year and the Department of Labor (DOL) appears determined to make it a memorable one. On January 14, 2013, the DOL issued an official administrative interpretation regarding FMLA leave to care for an adult son or daughter with a serious health condition who is incapable of self-care because of a physical or mental disability ...
Please enjoy this edition of The Employer, a bi-monthly newsletter prepared by the members of Waller Lansden's Labor and Employment Law Practice Group. Designed to provide readers with useful and timely guidance on a variety of labor and employment issue, The Employer offers short articles on interesting topics ...
Union Organizing Efforts in the Southeast Appear to be on the Rise - and in an Increasingly Union-Friendly Environment In the labor world, 2014 has started out with a bang. We have seen a hotly contested union election at Volkswagen in Chattanooga make national news culminating in an employer victory. Commentators have openly questioned whether this portends an era of reinvigorated union efforts to gain a toehold in the historically company friendly Southeast ...
The Employee Free Choice Act (“EFCA”), the bill that would have altered the way in which unions are allowed to organize workers, was introduced in both chambers of the United States Congress on March 10, 2009 ...
Simonsen Vogt Wiig and lead counsel Anders Thue represented Fosen-Linjen AS (a ferry operator) against AtB AS before the EFTA Court. AtB organises the public transportation in one of the Norwegian counties. In its judgment delivered earlier this year (in Case E-16/16), the EFTA Court replied to questions referred to it by the Frostating Court of Appeal (Frostating lagmannsrett) ...
In the recent decision of Davies v. Alcan Rolled Products, the West Virginia Supreme Court of Appeals continued its recent trend of reviewing claims decisions based on the medical management guidelines in W. Va. C.S.R. § 85-20-1, et seq. (“Rule 20”). At issue in Davies was the calculation of permanent impairment for carpal tunnel syndrome (“CTS”) claims. In W.Va. C.S.R. § 85-20-64 ...
Dinsmore health care partner Joseph Zielinski was published in the most recent edition of New Perspectives on Health Care Risk Management, Control and Governance, the publication of the Association of Health Care Internal Auditors. His article, "The Effectiveness of Your Compliance Program," covers how to effectively audit your organization's compliance program while gaining valuable insights. An excerpt is below ...
On April 9, 2020, the Equal Employment Opportunity Commission (EEOC) issued Q&As on COVID-19 issues. The EEOC has also updated its guidance during a pandemic for employers relating to the COVID-19 pandemic. The following are some highlights from these updates. Medical Inquiries and Exams In the updated guidance, the EEOC indicated that the COVID-19 pandemic meets the definition of a direct threat ...
The United States Equal Employment Opportunity Commission (“EEOC”) has issued a final rule to implement the Pregnant Workers Fairness Act (“PWFA”). The final rule, which aims to provide clarity regarding the protections afforded to employees and duties imposed upon employers under the PWFA, is set to be published in the Federal Registrar on April 19, 2024. It will thereafter become effective on June 18, 2024, 60 days after its publication ...
On September 25, 2008, former President George W. Bush signed the ADA Amendments Act of 2008 (the “ADAAA” or the “Act”) into law, broadening the definition of “disability” under the Americans with Disability Act (“ADA”). The ADAAA makes it easier for people to establish that they are protected by the ADA and overturns holdings in several well-known Supreme Court decisions, which had previously narrowed the “disability” definition ...
Last week, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 guidance to address workplace issues related to COVID-19 vaccines, including mandatory vaccination policies. According to the EEOC, employers may mandate vaccines, but must attempt to accommodate employees who refuse vaccination because of disability or a sincerely held religious belief, practice, or observance ...
The U.S. Equal Employment Opportunity Commission (“EEOC”) announced on March 29, 2021 that qualifying employers should file 2019 and 2020 workplace diversity data, known as the EEO-1 Component 1 data, by July 19, 2021. The data collection will open on April 26, 2021. Employers with 100 or more employees and federal contractors with 50 or more employees should begin preparing to submit the data in anticipation of this opening ...
Dan Stowers, Partner and Lauren Bowkett, Principal Associate in the Regulation, Business Crime and Compliance Division explore the powers enacted under the new Economic Crime Act 2022 and what this means for those involved ...
In its Sea Judgement of 10 September 2009 (C-573/07), the European Court of Justice (ECJ) further clarifies its “in-house” jurisprudence. More specifically, it goes more deeply into the notion of control ...
On June 23, 2022, Bill C-19 received Royal Assent. The bill was introduced by the Honourable Chrystia Freeland, Deputy Prime Minister and Minister of Finance, and resulted in amendments to the Copyright Act1 that will come into force on December 30, 2022, further to an order in council issued earlier this week ...
According to the most recent Crime Survey for England and Wales, the police recorded over 1,288,000 domestic abuse-related incidents in the year ending March 2020. Against this backdrop, another startling statistic is that on average two women a week are killed by a current or former partner in England and Wales alone ...
While yesterday’s federal election results from West Virginia were not a surprise, the down ballot races, especially for the State Legislature, clearly demonstrated what was a strong red wave that engulfed incumbents, swept away open seats, and cemented what may be durable majorities in both chambers for years to come. As around the country, early voting enthusiasm also gripped West Virginia ...
The West Virginia Legislature adjourned its 60-day Regular Session sine die on March 7, 2020. By the time the clock struck midnight, 356 bills ultimately completed the legislative process and were sent to Governor Justice for his approval. Under the West Virginia Constitution, the Governor had until midnight on March 25, 2020 to take action on those bills. The Governor signed all but five of the bills passed during the regular session ...
The 2020 Regular Session of the West Virginia Legislature just reached the 30th day, or its half way point. As of today, the House has introduced 1289 bills, while the Senate introduced 725. We will continue reporting on and tracking the progress of significant legislation during the course of the session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...
The 2020 Regular Session of the West Virginia Legislature is now entering the final stretch with only a little less than two weeks left. No new bills may be introduced in either chamber (though a committee may still originate a bill) and all bills, with the exception of appropriations bills, must be out of committee and passed by their respective house of origin by February 26. As of today, the House has introduced 1,528 bills, while the Senate introduced 853 ...
The 50th day of the 2020 Regular Session of the West Virginia Legislature marks a significant boundary line between the bills that have a chance for passage and those that failed. It is known as Cross Over Day, the last day to consider bills on third reading in their house of origin. By Cross Over Day, the House had introduced a total of 1,528 bills, with the Senate contributing 853 ...
As you know, the 2020 Regular Session of the West Virginia Legislature commenced on January 8. As of this writing, the House has introduced 903 bills, while the Senate has introduced 467. We will be reporting on and tracking the progress of significant legislation during the course of the Session. During the legislative process, certain critical deadlines are imposed by the Legislature that impact the consideration of pending bills and their chances of success ...
