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Recent Legal Updates & Analysis
Labor & Employment
For the first time a federal court of appeals has addressed the reach of the Lilly Ledbetter Fair Pay Act (“the Act”). In Schuler v. PriceWaterhouseCoopers, No. 08-7115 (D.C.Cir. Feb. 16, 2010), the District of Columbia Court of Appeals issued a ruling favorable for employers, finding that the Act does not apply to discrimination claims based on a failure to promote.A recent federal trial court decision broadens the scope of individual liability for supervisors in claims filed under the Family and Medical Leave Act (FMLA).
A recent ruling by the U.S. Court of Appeals for the Sixth Circuit serves as a useful reminder of some of the common pitfalls employers encounter when conducting reductions in force while employees are on FMLA-protected leave.
On February 9, 2010, the U.S. Senate blocked President Obama’s nomination of Craig Becker to the National Labor Relations Board.
Education
Today, the U.S. Department of Education announced that the following 16 finalists will advance in Phase 1 of the Race to the Top Grant Competition.Last week, three Franczek Radelet clients—Hamilton Southeastern Schools, Franklin Township Community Schools and Middlebury Community Schools—filed a lawsuit in Hamilton County, Indiana, against the State of Indiana.
In the February Podcast, Franczek Radelet partner Brian Crowley discusses the significant changes to the Illinois Freedom of Information Act ("FOIA").
Public Act 096-0628, which became effective on January 1, 2010, amended the Illinois School Student Records Act (ISSRA), 105 ILCS 10/1 et seq., to specifically address the confidentiality of communications with school social workers, school counselors, school psychologists and eligible interns.
Employee Benefits
On March 2, President Obama signed into law the Temporary Extension Act of 2010 (the “Act”), a stop-gap measure that extends the federal COBRA subsidy through March, and continues other federal subsidy programs.The Employee Benefits Security Administration (EBSA) has adopted the final version of the regulations originally proposed in 2008. The final regulations adopt a safe harbor for considering the deposit of participants’ contributions as made timely.
The Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA) requires that employers maintaining group health plans inform employees of the premium assistance for the purchase of health care coverage offered by Medicaid or the Children’s Health Insurance Program (CHIP) of their state of residence. Employers must meet this requirement by providing a “CHIP Notice” to each employee.