Supreme Court Ruling Provides Guidance For Improving Defensibility of ERISA Claims Decision

The United States Supreme Court’s decision in Metropolitan Life Insurance Co. v. Glenn provides an invaluable roadmap for employers, insurers, administrators and plan fiduciaries sponsoring or administering employee benefit plans regulated by... Read more »

Opinion Letters on Compensation Paid by Charities

The Internal Revenue Service now keeps a close eye on charities and social welfare organizations to ensure that their tax-exempt status is not abused.  One of the primary factors the IRS examines... Read more »

FLSA Preempts Duplicative State Law Claims, Fourth Circuit Rules

Ruling that an employee cannot circumvent the federal Fair Labor Standards Act by pleading causes of action under state common law, the U.S. 4th Circuit Court of Appeals in Richmond rejected an attempt to invoke North Carolina... Read more »

Associational Discrimination Claims a Growing Concern for Employers

Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex or national origin. Title VII also prohibits discrimination against employees who have opposed... Read more »

Lack Of Cell Phone Driving Laws May Not Protect Against Employer Liability For Employee Accidents

Regardless of whether your state or municipality has enacted a hands-free device law to regulate the use of cell phones while driving a vehicle, your liability as an employer for the vehicular... Read more »

11 Things to Think About Before You Fire

The decision to discharge an employee should be made only after careful reflection. Yes, I understand there are circumstances where the misconduct is so significant that immediate termination is warranted.  Those instances... Read more »

Tortilla Maker Accused of Religious Intolerance Against Muslim Workers

As reported in the Minneapolis Star Tribune on May 28, 2008, a group of Muslim workers allege they were fired by a Mission Foods tortilla factory for refusing to wear uniforms that... Read more »

I-9 Audits Return, Verification Expands

While promising to continue its strategy to increase raids and prosecutions of companies it claims have knowingly hired large numbers of unauthorized workers, U.S. Immigration and Customs Enforcement has signaled a plan to expand random... Read more »

Legislation to Ban Discrimination Based on Genetic Information Passed by Congress

On May 1, 2008, the House of Representatives, by a vote of 414-1, passed the Genetic Information Nondiscrimination Act, which prohibits discrimination on the basis of genetic information with respect to health insurance and employment.... Read more »

Request for Coffee Prompts Employee to Sue for Sexual Harassment

Tamara Klopfenstein was a part-time receptionist for National Sales & Supplies for six weeks. During her employment, two vice presidents regularly asked her to bring them coffee. Her job description did not... Read more »