April, 2009

Obama Nominates Two to Fill Democratic Vacancies on NLRB

President Obama will nominate two prominent labor lawyers to fill vacancies on the National Labor Relations Board (NLRB), the White House announced on April 24. If confirmed by the U. S. Senate, Craig Becker and Mark Pearce would join with Chairwoman Wilma Liebman, to give the NLRB a 3-member Democratic majority.

Proposed Law Would Require WARN Notices for Multi-site Layoffs

Employers would have to give notifications for mass layoffs that occur at more than one employer site, and be liable for double back pay for violating these requirements, under a recently-introduced proposed amendment to the Worker Adjustment and Retraining Nofication Act (WARN).

OSHA Alerts Employers With High DART Rates

More than 13,500 workplaces with the highest occupational injury and illness rates have received letters from the Occupational Health and Safety Administration (OSHA), urging them to take action to remove hazards causing the high rates.

United Airlines Pays $850,000 for Light-duty Overtime Policy

United Airlines has agreed to pay $850,000 to a group of employees who claim they were denied overtime opportunities because of their disabilities.

The Equal Employment Opportunity Commission filed suit against United, alleging that the company’s practice of denying overtime opportunities to workers in light-duty positions had a disparate impact on employees with disabilities.

Disability Discrimination Claims Up 10 Percent in Fiscal 2008

Workplace discrimination claims filed with the Equal Employment Opportunity Commission have reached “an unprecedented level,” the commission said in a press release. More than 95,000 charges were filed with the EEOC in fiscal year 2008 — a 15 percent increase from the previous year.

Expert Answers Employers' Questions About Changes to Disability, Leave Laws

At a recent employment law conference, an attorney specializing in employment law answered frequently asked questions about new changes to the Family and Medical Leave Act and the Americans With Disabilities Act.

Obama Nominates Borzi to Serve as Assistant Secretary of Labor

President Obama has nominated Phyllis C. Borzi to lead the Department of Labor’s Employee Benefits Security Administration, the White House announced on March 25. Borzi is a research professor and policy analyst at George Washington University’s School of Public Health.

Firms State Case for Funding Relief

Eight major actuarial consulting firms in a recent letter urged congressional leaders to provide additional funding relief to defined benefit (DB) plans. Absent relief, plan sponsors, participants and the overall U.

IRS Offers WRERA Guidance

An election made under Section 204 of the Worker, Retiree and Employer Recovery Act of 2008 (WRERA) affects more than whether a funding improvement or rehabilitation plan must be adopted or updated, according to the IRS.

DOL Issues Guidance on Annual Funding Notice

Plan administrators may be better able to follow the annual pension funding notice requirements, thanks to Field Assistance Bulletin 2009-01 (the FAB), which the U. S. Department of Labor (DOL) issued on Feb.