May, 2010

Coverage Under Connecticut FMLA Includes Out-of-State Workers, Court Holds

Out-of-state workers should be counted in the 75-employee threshold required for coverage under Connecticut's family and medical leave act, a Connecticut superior court ruled on May 14.

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OFCCP Suspends Functional AAP Approvals Pending New Guidance

Federal contractors will have to keep their current functional affirmative action plans (FAAPs) in place or, if their plans have expired, develop and maintain their plans using the traditional establishment model, pending issuance of new guidance by the Office of Federal Contract Compliance Programs (OFCCP).

Partial Success Allows for Attorney's Fees Recovery Under ERISA, U.S. Supreme Court Holds

A claimant who achieves "some success on the merits" may be awarded attorney's fees under the Employee Retirement Income Security Act (ERISA), the U. S. Supreme Court ruled on May 24.

Social Networking Information Is Discoverable, Court Decides

Information that two sexual harassment claimants posted on their Facebook and MySpace pages is discoverable by their employer to refute their claims of depression, stress and other psychiatric disorders stemming from the harassment, a federal district court in Indiana ruled recently.

IRS Announces July 31 Form 5500 Deadline Extended, Issues Reminders

This year, plans with a July 31 deadline for filing the Form 5500 have until Aug. 2 to meet their filing requirement. In its latest edition of its e-newsletter Retirement News for Employers, the IRS reminded filers that when the deadline falls on a Saturday or a Sunday — and this year, July 31 falls on a Saturday — the form and its schedules can be filed on the following Monday.

Cranes and Derricks Safety Rule Now Under Review at OMB

An Occupational Safety and Health Administration (OSHA) rule establishing safety standards for operation of cranes and derricks is now undergoing the last stage of administrative review prior to formal publication, the Jackson/Lewis employment law firm reported on May 25.

Discriminatory Impact of Test Results Can Be Challenged Years Later, U.S. Supreme Court Holds

Employers may be sued for disparate impact for the effects of initially unchallenged policies years after implementation, the U. S. Supreme Court ruled on May 24.

The decision in Lewis v. City of Chicago (No.

Prison Is Liable for Inmates' Harassment of Female Employees, Appeals Court Holds

A prison is liable for sexual harassment of female correctional officers by male inmates, the 11th U. S. Circuit Court of Appeals ruled recently.

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New Jersey Will Allow Rounding of Employees' Wages, Says State Labor Agency

New Jersey, a holdout among states on allowing employers to "round up" employees' time for wage payment purposes, will join at least 42 states that now permit this practice, the New Jersey Department of Labor and Workforce Development (NJDOL) announced recently.

IRS Seeking Data From 401(k) Plan Sponsors

The IRS has started sending questionnaires to 1,200 employers sponsoring 401(k) plans. Sponsors that fail to complete a questionnaire within 90 days will face enforcement actions, including examinations of their plans.