By Burton J. Fishman

The original FMLA included an understanding that not all minors will be cared for by a biological parent and that some caregivers will not have formal rights of custody or similar certifications.  It did so by mandating leave for persons “in loco parentis,” that is, adults who provide day-to-day care and financial support for minors.

By: Judith E. Kramer

On July 8, 2010, a new federal regulation went into effect that may have far-reaching implications for companies that have contracts with the federal government.  As of that date, contracting agencies must include in solicitations and contracts of at least $25,000 a clause requiring certain contractors and first-tier subcontractors to report at http://www.ccr.gov the names and total compensation of each of the five most highly compensated executives for the contractor’s or subcontractor’s preceding fiscal year. 

Fortney & Scott, LLC is pleased to announce that David S. Fortney, Esq. has been recognized in the 2010 edition of the Chambers USA ratings of Washington, DC’s top labor and employment attorneys.  Mr. Fortney was ranked by Chambers USA in Band 1, which is the highest ranking that is awarded to only five labor and employment attorneys in Washington, DC, based on extensive interviews of fellow attorneys and clients.  The Chambers USA evaluation stated that Mr. Fortney “draws praise as a leading authority on wage and hour compliance, but he also counsels clients on equal opportunity requirements, nondiscrimination regulations and workplace health and safety.”  The quality of his legal analysis is outstanding and his approach is described as “unbelievably politically astute.”

By: Leslie Stout-Tabackman

The Department of Labor (“DOL”) just released its annual memorandum (dated June 9, 2010) noting a rate increase for Service Contract Act (“SCA”) Health and Welfare Fringe Benefits.  These obligations apply to federal contractors performing service contract work.  Because the SCA benefit change notice is sent to government contracting agencies (and not directly to contractors or subcontractors), we wanted to ensure that our federal contractor clients were aware of this rate increase in order to prepare for meeting their SCA fringe benefit obligations.  You can view a copy of the DOL’s memorandum, which has not yet been posted by the DOL on its website, here.

By: Steven R. Semler

The Obama NLRB has started to lay the groundwork for quickie, off-site, “internet elections.”  The development appeared not in any notice of a proposed rule but, rather, innocuously, in the Board’s “Request for Information” published June 9th for proposals to establish “Secure Electronic Voting Service” – in other words, off-site internet voting.

By: Burton J. Fishman  

The Equal Employment Opportunity Commission (EEOC) has once again found an occasion to state its skepticism about the use of credit checks as an employment screening device.

By: Susan Webman

For employers that use the services of labor consultants and “persuaders” to develop and maintain positive employee relations and a union-free workplace, the reporting rules are about to tighten significantly.  The Department of Labor (“Department” or “DOL”) is changing the regulations governing employers’ and consultants’ obligations to file reports under Section 203 of the Labor-Management Reporting and Disclosure Act (LMRDA), with particular emphasis on the Section 203(c) “advice exemption”.  The anticipated regulatory changes may directly impact how labor relations activities are handled in your company.

By: David S. Fortney

The U.S. Department of Labor (“DOL”) has issued its final rule regarding the new workplace notice about employees’ rights to organize and bargain collectively and to engage in other protected activity under the National Labor Relations Act (“NLRA”), as required by Executive Order 13496.  The rule requires all applicable federal contracts and modifications entered after June 21st to include a provision obligating federal contractors to post the new notice and to include the posting provisions in subcontracts (“flow down clauses”).  The rule replaces the Bush Administration’s “Beck notice” posting requirement. 

By: Judith E. Kramer

In unveiling its semiannual regulatory agenda on April 26, the Department of Labor (“DOL”) announced its plans to propose regulations in each of its enforcement agencies that will place new requirements on employers. 

By: David S. Fortney

The U.S. Supreme Court, with surprising unanimity, ruled on May 24th that employers who use tests for employment decisions could face legal challenges each time the test results are used for those decisions.  (Lewis v. City of Chicago, U.S., No. 08-974, 5/24/10).