| Autor: |
Moore, Pamela J., Doherty, Thomas F., Collins, Patrick M., Brenia, Rebecca, Hubbard, Tiffany R. |
| Předmět: |
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| Zdroj: |
Tort Trial & Insurance Practice Law Journal; Jun2010, Vol. 46 Issue 2, p317-330, 14p |
| Abstrakt: |
We discuss below our view of the most significant cases, regulations, and developments in employment law during the survey period from October 1, 2009, to September 30, 2010. As usual, the Supreme Court delivered key rulings, including on the right to privacy regarding text messages, the timeliness of disparate impact claims, and the scope of employment arbitrations. With the shift to a Democratic administration, we expected the regulatory pendulum to shift back toward protection of employees; developments in 2010 confirmed this trend. The National Labor Relations Board weighed in with two decisions expanding the scope of protected employee comments, which are certain to influence the Board's recent complaint addressing postings and employer social media policies. The complaint was filed just outside the survey period but is discussed for context and its significance given the ubiquity of social media. The Department of Labor also promulgated its new plan/prevent/protect philosophy and increased efforts on wage and hour enforcement. In addition, the department issued new administrator interpretations that rule more broadly than previous opinion letters, and in fact reversed two rules established by two earlier opinion letters. The department also promulgated regulations implementing one of the first acts of the Obama administration, an executive order relating to workplace posting of federal labor rights. Finally, the Genetic Information Nondiscrimination Act took effect for employers on November 21, 2009; implementing regulations were finalized by the Equal Employment Opportunity Commission during the survey period and finally issued in November 2010. [ABSTRACT FROM AUTHOR] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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