Employment And Immigration Law: Courts Weigh In On Analysis Of Disabilities

PETER J. MURPHY

In 2008, Congress passed the Americans with Disabilities Amendment Act (ADAAA) after two U.S. Supreme Court decisions had narrowed the numbers of individuals who could qualify as disabled under the Americans with Disabilities Act.

Employment And Immigration Law: Limousine Drivers Filing Suits For Unpaid Overtime

By MAGGIE FERRON

There are a number of laws that govern employees who drive for a living. While many drivers are, in fact, exempt employees, limousine drivers in particular are entitled to overtime. Instead of complying with the applicable laws, however, many employers choose to pay these drivers per trip regardless of how many hours the driver works.

Employment And Immigration Law: Class Actions Claim Unpaid Workers Are Being Treated Unfairly


By GIOVANNA TIBERII WELLER, SARAH SCHULTZ HEALEY and S. SHERRY XIA

Think twice before you ask that unpaid intern to fetch your coffee. In the current economic climate, unpaid internships appear to be an attractive solution to minimizing personnel costs. Recently, however, unpaid internships have spawned a spate of class action lawsuits alleging that the interns are employees deprived of minimum wage.

Employment And Immigration Law: Medical Marijuana Law Has Implications For Employers

By MEGAN Y. CARANNANTE and RACHEL L. GINSBURG

Consider the following hypothetical: Mary Jane, a machinist, is battling breast cancer. Your business client informs you that Mary Jane tested positive for marijuana, which would normally result in the termination of her employment under the company’s zero-tolerance, drug-free workplace policy.

Employment And Immigration Law: Court Considers Whether Severance Pay Is Taxable

By COLLIN O’CONNOR UDELL

Although at a quick glance, the case United States v. Quality Stores might appear, as a friend described it, “as dry as dust,” it is actually a case that employers should watch closely.

Employment And Immigration Law: The Pathway to Citizenship Deconstructed

By ERIN O’NEIL-BAKER

Republicans and Democrats alike have made immigration reform a priority for 2014. One divisive point is the creation of a “Pathway to Citizenship” for people in the U.S. without legal authorization.

Employment And Immigration Law: The Annual Immigration Gold Rush

By MEGAN NAUGHTON, JOSHUA MIRER and LAUREN SIGG

The H-1B nonimmigrant visa category allows U.S. employers to hire a foreign national as a worker in a specialty occupation or as a fashion model of distinguished merit and ability.

Employment And Immigration Law: Labor Department Reporting Rule Could Jeopardize Attorney-Client Privilege

By ROBERT MITCHELL

Everyone is familiar with the famous quote from Shakespeare’s “Henry VI”: “The first thing we do, let’s kill all the lawyers.” While killing lawyers may not be literally necessary, the first step in destroying liberty and crushing opposition is to take away the right to legal counsel.

Employment And Immigration Law: EEOC Becomes Heavy-Handed In Demanding Settlement Conditions

By ROBERT G. BRODY and SUSAN M. WESTPHAL

If the Equal Employment Opportunity Commission only allows the charge before it to be resolved, rather than all known claims, the case may not really end. When parties to an Equal Employment Opportunity Commission (EEOC) charge decide to settle and have agreed on all the terms of their agreement, the case should be over. However, this may not be so.

Employment And Immigration Law: Employers Should Consider State Laws, Other Factors When Probing Online


DANIEL GREEN

Jane left her job taking tickets at a movie theater two months ago. Before beginning her search for a new job, she took a vacation in Mexico with some single friends. They had a great time, meeting new friends and drinking margaritas at swim-up bars. Jane posted pictures of the good times on her Facebook page.

Employment And Immigration Law: Workers’ Comp Officials Get Last Word On Employer-Employee Deals

By JOHN G. STRETTON and STEVEN P. CUFF

In a recent decision, the Connecticut Supreme Court gave teeth to the provisions of Connecticut General Statute § 31-296 of the Connecticut Workers’ Compensation Act, which provide a mechanism through which employers and employees can work together to come to a private agreement regarding the compensation owed to an employee who suffers a compensable injury.

Employment And Immigration Law: Pregnancy-Related Conditions May Be Covered By ADA

By GARY PHELAN

Normal pregnancies are not considered a “disability” under Title I of the Americans with Disabilities Act of 1990 However, pregnancy may also cause a woman to suffer from an assortment of conditions, such as morning sickness, back pain, carpel tunnel syndrome, severe fatigue, conditions that lead to lifting restrictions, gestational diabetes, hypertension, preeclampsia and prenatal depression.

Employment And Immigration Law: Your Employee Handbook And The NLRA

By EDWARD F. O’DONNELL Jr.

Unbeknownst to many employers, workplace rules found in employee handbooks are frequently held to violate the National Labor Relations Act (NLRA). The violation is often premised on the theory that the rule tends to “chill” employees in the exercise of their Section 7 rights.

Employment And Immigration Law: Employers Who Underpay Immigrants Face Prosecution

By JAMES BHANDARY-ALEXANDER

Immigrant workers – with papers or without – are protected by wage and hour laws to the same extent as everyone else. In Connecticut and across the country, judges are extending protections during the discovery process to ensure that victims of wage theft get their day in court.

Employment And Immigration Law: School Paraprofessionals Now Qualify For FMLA

By ZACHARY D. SCHURIN

The federal Family and Medical Leave Act has seen its fair share of changes in recent years. In early 2009 major changes were made to the FMLA’s implementing regulations, and in both 2008 and 2009, new military family leave entitlements were added to the text of the FMLA, the latter of which were codified in a new set of implementing regulations which became effective in March 2013.

Employment And Immigration Law: Current Program Could Be Model For Immigration Reform

JASON Y. GANS

On June 15, 2012, the Department of Homeland Security announced that certain people who came to the United States as children and met several key guidelines could request consideration of deferred action. Deferred action is an administrative process whereby any removal from the country or being put into removal proceedings would be deferred. Those who demonstrated that they met the criteria would be eligible to receive deferred action for a period of two years, subject to renewal, and would be eligible to apply for work authorization.