Archive | November 2009

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New Legislation Seeking the Reduction of Pleading Standards

 On November 19, 2009, legislation was introduced in the U.S. House of Representatives that seeks to reverse a recent U.S. Supreme Court case, Ashcroft v. Iqbal, 129 S.Ct. 1937.  The legislation (H.R. 4115) is entitled the Open Access to Courts Act of 2009, and it seeks to lower the standard of pleading articulated by the […]

DOL offers Q&A on Workplace Pandemic Flu as it Relates to FLSA and FMLA

On November 6, 2009, the Department of Labor’s Wage and Hour Division published new guidance in the form of “Question and Answer” documents for both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) relating to the Pandemic Flu. The documents provide information on common issues when employees get the flu […]

Pick a Standard: How Will Employers Remove Cases to Federal Court?

On November 10, 2009, the United States Supreme Court heard oral arguments in Hertz Corp. v. Friend.  The case seeks to determine the appropriate standard for establishing a company’s place of business for purposes of federal diversity jurisdiction. For employers, this case establishes the parameters for removal of certain class-action lawsuits brought by employees in […]

To Conquer the Flu and In Quest of Happy Families — Mandatory Paid Leave Coming!

There is a great deal of legislation addressing workplace concerns in Congress currently.  Two bills directly impacting the leave policies of employers are working their way through the legislative pipeline.  Both of the bills described below mandate paid leave for employees in certain situations and deserve monitoring and attention from employers. Emergency Influenza Containment Act […]