What Do Employment Law and Cookies Have In Common, Exactly?

Ah, we thought you’d ask that – and you’re only asking because you haven’t seen the first post in our roundup of recent Employment Law updates on JD Supra: a 2011 Employment And Labor Law — Final Exam from law firm Nexsen Pruet.

The update contains 5 employment law questions. Submit your (multiple choice) answers by this Monday (11/14); if you’re 100% correct, you’ll be entered to win a basket of cookies.

For additional Employment Law updates, see below (milk optional):

A Down Economy – An Increase In Hiring Dangers (by Fisher & Phillips):

“Desperate to find work and stand out from the crowd, the jobless are turning to such sites as Craigslist to advertise themselves as potential employees to anyone who needs work performed. Craigslist posts reveal that the jobless are offering to do almost anything for hire from repairing roofs to organizing storage rooms.

Often, the posts are heartwarming and detail struggles to find work in a down economy. Yet, in their zeal to find employment, the jobless sometimes reveal more about themselves than employers can typically legally obtain from the interview process. The information can pose significant dangers to employers…” Read on»

Employers May Not Be Liable For The Boorish Behavior Of Their Employees (by Cole Schotz):

“The scope of the alleged abusive language included the co-worker yelling at her saying she was “going to get hers” and that her “day is coming.” Miceli also complained that her supervisor permitted this conduct and directed his own abrasive behavior toward her by speaking to her (and other employees) in an angry, belittling, and condescending manner, and making statements in front of her and everyone else about his frustrations with the employees’ work…” Read on»

Calculating FMLA Leave for Holidays, Breaks and Plant Shut Downs (by Frankzec Radelet):

“Let’s use Veterans Day as an example. This year, Veterans Day falls on a Friday. If the employee observes the Veterans Day holiday and then takes the entire work week off (i.e., he is absent from Monday through Thursday), the employer should count the entire workweek as one full week of FMLA leave used. (The same would apply if the employer holiday occurred on any other day of the workweek and the employee was otherwise absent for the four other work days.)…” Read on»

Service Providers to ERISA Plans: DOL’s New Disclosure Regulations Are Imminent—Are You Ready? (by Morgan Lewis)

“These new rules have been added as a condition to an exemption from the ERISA prohibited transaction rules that, absent other exemptive relief, is necessary for firms to provide such basic services as recordkeeping and investment management to ERISA plan clients. By their terms, the rules apply to ERISA-covered retirement plans, mainly corporate tax-qualified plans such as defined benefit and defined contribution retirement plans (including 401(k) plans), but not to welfare plans such as health plans and life insurance plans…” Read on»

Your Employees Are Mad as Heck and They Are Walking…to the EEOC (by Sands Anderson)

“When workers believe that they have not been treated fairly they seek to strike back. Sometimes they vote quietly with their feet because of how they feel about their “work, co-workers, bosses and the general work environment,” according to Colleen O’Neill at Mercer…” Read on»

Four-Page Benefit Summary Requirement for Group Health Plans Arrives in 2012 (by Snell & Wilmer):

“Section 2715 of the Public Health Service Act, which was added by the Patient Protection and Affordable Care Act as amended by the Health Care and Education Reconciliation Act of 2010 (collectively, the “Act”) expands ERISA’s disclosure requirements by requiring group health plans to provide a four-page summary of benefits and coverage (the “SBC”) to applicants and enrollees before enrollment or re-enrollment. All group health plans, including grandfathered plans, will be required to furnish SBCs effective March 23, 2012…” Read on»

NLRB Administrative Law Judge Issues Another Social Media Decision (by McNees):

“The decision involved two different threads on the employee’s Facebook page. The first included “mocking and sarcastic” pictures and comments about a sales event at the car dealership where the employee worked. The employee was dissatisfied with the food selection for the event, which included hotdogs among other things. The employee expressed his displeasure about the food selection at a meeting prior to the event, and another employee voiced a similar complaint. The ALJ found that since more than one employee complained about the food, the complaints constituted “concerted” activity…” Read on»

Barring Employees From Answering Questions About Religion May Violate Title VII (by Franczek Radelet):

“FedEx’s human resources department investigated the allegations and concluded that Weathers’s did not violate any company policy, but nevertheless issued him a letter of counseling. The letter, which was intended to be a coaching tool, as opposed to a letter of reprimand, instructed Weathers to cease discussing religious matters with other employees, even if other employees initiate the conversation. Weathers alleged that a HR representative further told Weathers he could not discuss religion because…” Read on»

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