Selected court decisions concerning employment issues noted by law firms

Selected court decisions concerning employment issues noted by law firms Source: The Lexology newsfeed [New users can register free of charge at] Click on the Heading of the item to access the full text of the article. Q&A for federal contractors and subcontractors subject to posting requirements of Executive Order 13496 Prepared by Baker & Daniels LLP As discussed in Baker & Daniels' May 25, 2010, alert, the U. S. Department of Labor recently issued a rule requiring certain federal contractors and subcontractors to notify employees of their rights under the National Labor Relations Act (NLRA). DOL expands leave rights under FMLA Prepared by Fisher & Phillips LLP On June 22, 2010 the Department of Labor issued an Administrative Interpretation clarifying the definition of "son or daughter" under the Family and Medical Leave Act (FMLA) with respect to non-military leave. Unanimous U.S. Supreme Court ruling in "Quon" highlights importance of employer technology-usage and privacy policies Prepared by Gibson Dunn & Crutcher LLP On June 17, 2010, the United States Supreme Court unanimously decided City of Ontario v. Quon, No. 08-1332, 560 U.S. _ (2010), holding that the city's review of an employee's text messages on an employer-issued device was a reasonable search under the Fourth Amendment. DOL expands FMLA coverage to include leave to care for same-sex couples' children Prepared by Williams Mullen On June 22, 2010, the US Department of Labor ("DOL") issued an "Administrator's Interpretation Letter" expanding the protections of the Family Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq., ("FMLA"), to require employers who are subject to the FMLA to provide gay and lesbian employees unpaid time off to care for newborns or a non-adoptive, non-biological child with a serious health condition, a right that has been available to heterosexual employees for nearly two decades. Ninth Circuit affirms Gap, Inc.'s data breach win Prepared by Womble Carlyle Sandridge & Rice PLLC On May 28, 2010, the United States Court of Appeals for the Ninth Circuit affirmed a district court decision against a job applicant who sued Gap, Inc. when two laptops containing applicants' personal information were stolen from a vendor who processed job applications for Gap. Supreme Court muddies the water regarding timely filing of "disparate impact" claims Prepared by Foley & Lardner LLP If an employer adopts a practice that has an adverse effect on a particular race of employees, can those employees sue years later, if the employer uses that practice to make additional employment decisions that negatively affect those employees? Supreme Court strikes down two-member NLRB Prepared by Baker & McKenzie Two heads are better than one, but are they better than three? " Company liable for improperly accessing e-mails, but no individual liability Prepared by Winston & Strawn LLP A federal district court held that certain individuals who read printouts of an employee's personal e-mail that had been improperly accessed could not be held individually liable for violations of the Stored Communications Act ("SCA"), while the suit could proceed against the company, an affiliated company, and the company's president who had accessed the e-mails. Supreme Court refuses to make landmark privacy ruling Fox Rothschild LLP The Supreme Court issued a ruling yesterday (8-1) in Ontario, Calif. v. Quon, U.S., No. 08-1332, 6/17/10, basically punting on elaborating on Fourth Amendment privacy rights because technology is still emerging. Labor union e-mail campaign did not violate the Computer Fraud and Abuse Act Prepared by Winston & Strawn LLP In a recent federal district court case, a company alleged that a labor union undertook a targeted effort to sabotage and interrupt its business operations by "inundat[ing]" the company with mass quantities of phone calls and e-mails to inhibit its ability to conduct day-to-day business activities and to intimidate its employees. New Jersey – Expectation of privacy in personal e-mails stored on company computers Prepared by Winston & Strawn LLP A recent decision by the Supreme Court of New Jersey held that an employee could reasonably expect privacy in her e-mails stored on her employer's electronic resources when the e-mails involved attorney-client communication. Early retiree reinsurance program Prepared by Brownstein Hyatt Farber Schreck LLP The Early Retiree Reinsurance Program is a temporary program established under section 1102of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010, to provide financial incentives to sponsors of "employment-based plans" to continue providing health coverage to certain early retirees. HHS issues draft application, FAQs for early retiree reinsurance programPrepared by Foley & Lardner LLP The U.S. Department of Health and Human Services (HHS) recently posted a draft application and frequently asked questions (FAQs) regarding the Early Retiree Reinsurance Program (the Program) on its Office of Consumer Information and Insurance Oversight (OCIIO) Web site (

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