Joseph Greenwald & Laake, PA Blog - Labor & Employment

Posted on Wed, 2013-09-25 19:31 by Jeremy Schneider in Business Services, Labor Employment

 



Beginning on January 1, 2014, individuals and employees of small businesses will be able to access health insurance coverage through the Health Insurance Marketplace created by the Affordable Care Act (ACA), commonly known as “Obamacare”.  Among other things, the ACA requires that employers provide a notice to employees with information regarding their coverage options, including those available in the Marketplace, by October 1, 2013.  Importantly, this notice requirement is separate from the universal mandate pushed back a year by the Administration this past summer.


Posted on Tue, 2013-09-24 17:32 by Jeremy Schneider in Discrimination, False Claims Act, Labor Employment


Kathy:  Jeremy, I know a large part of your practice involves whistleblower law.  Do you have any thoughts or advice to pass along on this topic to our readers?


Posted on Fri, 2013-09-20 19:49 by Jay P. Holland in Discrimination, False Claims Act, Labor Employment

 


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This past term, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar held that retaliation claims under Title VII are required to be decided by what is known as the “But For” causation standard.[1]  So, if an employee reports illegal discrimination or harassment based on race, sex, or other Title VII protected conduct and suffers retaliation, the Supreme Court held that the employee must show that “but for” engaging in protected activity (reporting the illegal conduct), the employee would not have suffered the adverse action (such as termination).[2]


Posted on Fri, 2013-09-13 20:08 by Jeremy Schneider in Discrimination, False Claims Act, Labor Employment


Kathy:  Every year brings new legislation that impacts American employers and employees.  Are there any game-changing laws that have been passed or that are on the horizon for 2013?


Posted on Fri, 2013-09-06 19:49 by Elizabeth J. McInturff in Family Law, Labor Employment

 


2013 ushered in many changes in the New Year, among them the legalizing of same-sex marriages in Maryland. Now, legally married same-sex couples in Maryland will receive the same benefits (and headaches) as their friends in heterosexual marriages, under the new Rev. Rule 2013-17.


Posted on Fri, 2013-08-30 19:27 by JGL Associate Attorney in Labor Employment

 


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The Supreme Court’s recent ruling in Vance v. Ball State University changed the landscape for employees claiming discrimination under Title VII, including sexual harassment.[1]  In Vance, the Court limited the definition of a “supervisor” to being a person who can “take tangible employment actions” against the employee, meaning a “significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”[2]


Posted on Fri, 2013-08-23 13:40 by JGL Associate Attorney in Labor Employment

 


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The Family and Medical Leave Act of 1993 (the “FMLA”) provides much-needed flexibility for employees who need time off of work in order to care for personal or familial needs.[1] Title I[2] of the FMLA allows eligible employees[3] working for a covered employer[4] up to 12 weeks of unpaid leave to care for a “spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition,” among other reasons.[5]


Posted on Wed, 2013-08-21 16:02 by Brian J. Markovitz in False Claims Act, Labor Employment


The False Claims Act (FCA), originally conceived by Abraham Lincoln during the Civil War, has been an effective tool for the Government to recover funds fraudulently taken from all types of government programs from national security to Medicare for over a century and a half.  But like all statutes, the FCA has its limitations, including time.  Until recently, it was believed that with little exception fraudulently taken taxpayer funds could be recovered only for a period of six years prior to the filing of a complaint.  31 U.S.C. § 3731(b).


Posted on Fri, 2013-08-16 17:31 by Jeremy Schneider in Discrimination, Labor Employment

 


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Many employers and certainly many employees may be shocked to learn that “Paruresis,” commonly known as “shy bladder syndrome” or the inability to urinate with others present, qualifies as a disability under the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”).  Although the subject is somewhat comical at first blush, it is crucial that employers and employees know that the protections afforded employees are broader than ever.  This was not always so; especially for shy bladder syndrome.


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