GT L&E Blog Global Developments In Labor & Employment Law

Monthly Archives: July 2010

Customer Preference Not Justification for Discrimination

By Cynthia May on Posted in Discrimination

       Laws prohibiting discrimination trump patient preference regarding the race of health care providers, the Seventh Circuit recently ruled in Chaney v. Plainfield Healthcare Center, a case decided July 20, 2010.         Brenda Chaney, a black certified nursing assistant (CNA), sued her former employer nursing home where a resident in her unit demanded white-only health… Continue Reading

USCIS suggests changes in I-9 protocols that could potentially affect all U.S. employers

By Jay Lechner on Posted in Immigration

From Dawn M. Lurie and Kevin Lashus of GT’s Business Immigration & Compliance team During last month’s E-Verify redesign training, U.S. Citizenship and Immigration Services (USCIS) innocently "reminded" employers that companies have three days after an employee’s date of hire to open a case in E-Verify. Interestingly, USCIS also proposed that this four day or… Continue Reading

Dodd-Frank amends SOX; creates new whistleblower protections

By Jay Lechner on Posted in Whistleblower

The Dodd-Frank bill signed by President Obama today significantly expands whistleblower protections under the Sarbanes-Oxley Act (SOX) and creates additional anti-retaliation requirements for employers. These whistleblower provisions, a small but important part of the law, respond to dissatisfaction with certain aspects of SOX and the general belief that existing laws did not adequately encourage whistleblowers… Continue Reading

Leaves of Absence and the ADA

By Eric Sigda on Posted in Disability, FMLA

One of the most vexing areas in employment is the interaction of the Americans with Disabilities Act and the Family and Medical Leave Act for individuals on a leave of absence because of a disability. If an employee has a disability and needs to take a leave of absence, the employer may provide qualified employees with… Continue Reading

Second Circuit: Pharmaceutical Sales Representatives Are Entitled To Overtime

By GT Labor & Employment Team on Posted in Litigation, Wage & Hour

  On June 6, the Second Circuit ruled that pharmaceutical sales representatives (“PRs”) were entitled to overtime under the FLSA because they did not meet the requirements of either the outside sales employees or administrative exemptions. Employers who treat outside salespersons as exempt under either exemption may want to reexamine their policies in light of the… Continue Reading