Monday, April 4, 2016

Legal News & Knowledge: April 2016 Newsletter

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Section Topics:

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Employment Law

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LGBT Rights, Benefits, and Protections in the Workplace

By P. Delanna Padilla, Esq.
 
The Supreme Court ruled in Obergefell v. Hodges that state laws could not ban same-sex marriages and that everyone has a constitutional right to marry. By extension, this ruling impacts employee benefits, such as FMLA, retirement plans, and medical insurance.

Full Article
 



The DOL Says You Might be a Horizontal Joint Employer -- What?

By Janette Levey Frisch
 
Horizontal Joint Employment exists when two or more companies separately employ a worker (or several workers) and are sufficiently affiliated with or related to each other with respect to the employee(s). What does that mean?

Full Article
 



HR Managers May Be Held Personally Liable for FMLA Violations, and Second Circuit Formally Adopts Tests for FMLA Interference and ADA Associational Discrimination Claims

By Stephen Aronson
 
In Graziadio v. Culinary Institute of America, the United States Court of Appeals for the Second Circuit1 ruled that a human resources director could be personally liable as an "employer" for violating an employee's rights under the Family and Medical Leave Act (FMLA).

Full Article
 



Drug Testing Your Employees: Invasion of Privacy or Business Need?

By Michael Latimer, Esq.
 
Any type of employee drug testing obviously raises privacy concerns for the employee but the issue is particularly sensitive if the employer's policy requires random, unannounced or observed drug testing.

Full Article
 



7 tips for employers, from your friendly neighborhood plaintiff lawyer

By Jon Hyman
 
I found a blog post in which a plaintiff-side employment lawyer shared the 7 things employers don't do, that they should be doing. . . What's interesting is that the law generally requires that employers do none of these.

Full Article
 


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Workers' Compensation

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Willful Misconduct in Workers' Compensation Cases

By Charles W. Snyder, Esq.
 
Underlying Georgia's Workers' Compensation law is a trade-off. Employers gave up defenses such as contributory negligence, and got limitations on potential liability.

Full Article
 



A Year of Injuries, and Lessons

By Dr. David Michaels
 
In January 2015, we started requiring employers to report any work-related severe injury – such as an amputation or an injury requiring hospitalization – within 24 hours. In the first year, we received 10,388 reports, or nearly 30 a day.

Full Article
 



The Employer-Employee Relationship: More than Titles and Terminology

By Jonathan Nessler, Esq.
 
It is extremely important for the workers' compensation practitioner to understand that whether the contract names the would-be-employee an "independent contractor" does not control the analysis, and is only a minor consideration.

Full Article
 



Two Policies, One Claim. Who Pays?

By Kelia Scott
 
Did you ever think about what happens in cases where multiple workers' comp policies cover a workplace?

Full Article
 



Hotel manager's belligerent conduct, not workers' comp claim, gets her fired

By Kathleen Kapusta, J.D.
 
A hotel general manager who transformed a minor incident over a wrongly dispensed water bottle into a tense conversation, and eventually a physical confrontation, failed to show that her termination was in retaliation for seeking workers' compensation for injuries sustained during the incident . . .

Full Article
 


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Real Estate and Property Management

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Yardi: Multifamily Rents Hit Historic High in March, Again

By Lauren Shanesy
 
The national average rent price rose $6 in March, hitting another all-time high of $1,181 according to Yardi Matrix's Monthly Rent Survey for March 2016.

Full Article
 



ACT 176: Governor Signs New Landlord-Tenant Bill Into Law

By Tristan R. Pettit, Esq.
 
With the passage of Act 176 a landlord may now terminate a tenancy for criminal activity and/or drug-related criminal activity by serving the tenant . . . with a non-curable 5 day notice.

Full Article
 



DOJ Settles Racial Discrimination Fair Housing Act Case for $40,000

By Scott M. Badami
 
In its complaint, the DOJ asserted that the defendant falsely told African Americans that no units or sites were available, but allegedly told similarly situated white individuals that units and/or sites were indeed available for rent.

Full Article
 



Shared Green Spaces Take Hold in Multi-Family Market

Via REscour
 
Access to outdoor space is a perk that appeals to residents across all demographic lines, regardless of age or level of income.

Full Article
 



Baby Boomers, Downsizing for Retirement, Create Niche Real Estate Market

By Alexei Barrionuevo
 
For decades, the number of retirees living in multi-unit housing has been shrinking, according to Trulia. But condo developers haven't given up.

Full Article
 


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News and Highlights

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New York just passed the most generous paid family leave law in the country

By Emily Crockett
 
New York state just passed the nation's most comprehensive paid family leave policy yet, guaranteeing that all New Yorkers . . . can take three months of partially paid time off to take care of a new child or a sick family member without losing their jobs.

Full Article
 



DOL's final "Persuader Rule" delivers another coup to unions

By Franck Wobst
 
According to a new rule issued by the Department of Labor (DOL), any union avoidance seminars conducted for supervisors or other employer representatives after July 1, 2016 must be reported to the DOL on government-issued forms.

Full Article
 



Silca: New US DOL Rule to Protect Workers

By Jon L. Gelman
 
The U.S. Department of Labor's Occupational Safety and Health Administration today announced a final rule to improve protections for workers exposed to respirable silica dust

Full Article
 



New EEOC Nationwide Procedures Threaten Confidentiality

By Carolyn B. Witherspoon
 
According to an announcement made by the EEOC on February 18, 2016, a charging party, upon request, will be provided with a copy of the respondent's position statement and non-confidential attachments.

Full Article
 



The US Turtleconomy Is Basically Ok

By Megan Purdy
 
Don't believe the hype or the panic. The US job market continues to be healthy overall, even as we experience dramatic shifts within smaller markets.

Full Article
 


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