Welcome to the Employment Law section of our webpage.  Employment law issues are complex, often subject to state and local law (not ordinarily covered on CLIC pages) as well as federal law.  This front page will reflect our most current information on employment law affecting educational institutions.

 

EEOC New Employment Poster (10-22-09) Includes employment provisions of the Genetic Information Nondiscrimination Act (GINA) See Jackson Lewis Article titled EEOC releases new Equal Employment Opportunity Poster. GINA is effective Nov. 21, 2009.

 

FMLA as amended by the 2010 National Defense Authorization Act
President Obama signed the NDAA on Oct. 28, 2009. Provisions of this law expand FMLA military benefits effective immediately. Forms that were finalized by DOL in January will need to be updated.

Qualified Exigency Leave is now available when a family member of an eligible employee who is in the regular armed forces (this was previously limited to members of the National guard or military reserves) is deployed to a foreign county.  This leave is now available for National Guard, military reserves, or regular armed forces when called to active duty in a foreign country. In addition, an eligible employee may take up to 26 weeks of leave in a single  twelve month period to care for a family member with a serious injury or illness that was incurred or aggravated in the line of duty while on active duty who is either in the military or who is a veteran for up to 5 years after he or she leaves military service, even if the injury did not manifest itself until the member became a veteran. See the Jackson Lewis article President Signs Expansion of FMLA Coverage for Military Families.

 

 

 

Final Rule: Safe-Harbor Procedures for Employers Who Receive a No-Match Letter: Rescission; 74 Fed. Reg. 51447, Oct. 7, 2009

The Department of Homeland Security (DHS) is amending its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of No-Match letters. DHS is amending its regulations as proposed on August 19, 2009, without change. The final rule is effective Nov. 6, 2009. The October 2008 final rule established a safe harbor for employers who followed the safe harbor procedures set forth in the rule after receipt of a "no match letters" from the Social Security Administration (SSA) or "Notice of Suspect Documents" letters from DHS. (SSA sends "no match" letters to some (though not all) employers when the combination of an employee's name and social security number on an employer's W-2 earnings reports do not match SSA records. After further review, DHS has determined to focus its enforcement efforts relating to the employment of aliens not authorized to work in the United States on increased compliance through improved verification, including participation in E-Verify, ICE Mutual Agreement Between Government and Employers (IMAGE), and other programs. 

 

Federal District Court Upholds Mandatory E-Verify Rule for Federal Contractors by Jackson Lewis.

In a decision dated 8/26/09 in Chamber of Commerce of US v. Napolitano (US Dist. Court SD Maryland) the court upheld the legality of EO 13465. See also the CCH Labor and Employment Update dated 8/27/09.

 

DOL FAQs on Furloughs and Other Reductions in Pay and Hours Worked Issues