Archive | October 2009

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FMLA Expansion Comes to Fruition

As I predicted yesterday, President Obama signed into law the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647).  The new law includes an expansion of the recently-enacted exigency and caregiver leave provisions for military families under the Family and Medical Leave Act of 1993 (FMLA).     Advertisements

More FMLA Amendments Imminent!

The Supporting Military Families Act of 2009 (SMFA), a part of the National Defense Authorization Act for Fiscal Year 2010 (HR 2647), will amend the Family and Medical Leave Act (FMLA) and mandate  exigency leave to all covered active duty members and expand the military caregiver provision to family members of certain former service members. […]

EEOC’s New Posting Requirment for ADA and GINA

The EEOC has issued a new poster, dated November 2009.  This new version reflects current federal employment discrimination law, including the Americans with Disabilities Act Amendments Act of 2008. The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009.  The revised poster also includes updates […]

USSC to Determine if Ledbetter Applies Beyond Pay Discrimination

On September 30, 2009, the U.S. Supreme Court decided to hear Lewis v. City of Chicago (7th Cir. 2008), a case that possesses shades of both the recent Ledbetter v. Goodyear Tire & Rubber case and the Ricci v. DeStefano cases.  It is similar to Ledbetter primarily because the primary issue deals with the applicability of the statute […]

Briscoe v. New Haven: Providing For The Return of Ricci

Discrimination seems intuitively  simple, yet it is truly complicated.  One reason for discrimination’s complexity is that the law has developed in such a way that acknowledges certain theories of discrimination — and sometimes these theories conflict.  Earlier this year, the U.S. Supreme Court decided Ricci v. DeStefano, a case that addressed the standard under to which to analyze […]

FTC Somewhat Backs Off Enforcement of Bloggers’ Endorsements

On October 6th, I posted a note about new guidelines from the FTC that are directed toward regulating the disclosure of gifts or money paid to someone for an endorsement.  The guidelines have provisions directly related toward bloggers’ endorsements.  On October 14th, Mary Engle, Director of the Federal Trade Commission’s Division of Advertising Practices, held a telephone […]

Legislation Seeks to Overturn Supreme Court Decision on Burden-shifting in ADEA Disparate Treatment Claims

On October 6, Senator Tom Harkin (D-Iowa), Senator Patrick Leahy (D-Vt) and Representative George Miller (D-Cal), introduced the Protecting Older Workers Against Discrimination Act (“POWADA”)(S. 1756/H.R. 3721).  POWADA purports to restore civil rights protections for older workers in the face of the US Supreme Court’s holding in Gross v FBL Fin Servs, Inc.  In Gross, […]