June, 2010

Court Declines to Block NMB's New Union Representation Election Rule

A federal district court on June 25 cleared the way for the National Mediation Board to implement without delay a new rule that counts only the votes of employees who actually vote in deciding representation elections in the airline and railroad industries.

U.S. Supreme Court Will Hear Associational Retaliation Case

The U. S. Supreme Court granted review June 29 on the question of whether Title VII of the 1964 Civil Rights Act prohibits employer retaliation against an employee because of that employee's association with other persons who engage in protected activity.

Whistleblower Claim Requires Actual Belief in Illegality, Appeals Court Holds

To state a claim under the whistleblower protection under the Sarbanes-Oxley Act, the employee must actually believe that his or employer's conduct was illegal, the 11th Circuit U. S. Court of Appeals held on June 25.

New Poster Spells Out Contractor Obligations Under NLRA

SmartHRManager. com has published a new poster from the U. S. Department of Labor detailing what information federal contractors and subcontractors must impart to their employees regarding their protected rights under the National Labor Relations Act (NLRA).

Special Report Details Form 5500 Electronic Filing Requirement

This report featured on SmartHRManager. com provides comprehensive information on the Form 5500 and the new electronic filing system EFAST2 that every benefit plan administrator needs to use starting with the 2009 benefit plan year filings.

Construction Cranes and Derricks Safety Rule Almost Final

A new rule requiring safe practices in the operation of cranes and derricks on construction sites has cleared its last bureaucratic hurdle prior to final publication.

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Latest Round of Health Reform Rules Addresses Pre-ex, Rescission, Limits

The health reform law's new restrictions on pre-existing condition exclusions, coverage rescissions and lifetime or annual limits were fleshed out in interim final rules from the U. S. Departments of Treasury, Health and Human Services (HHS) and Labor (DOL).

Multiple Complaint Channels Advisable When Alleged Harasser Is Sole Business Owner, Attorney Says

An employer should have multiple avenues for complaining when an employee alleges harassment by the sole owner of the business, a prominent employment law attorney said recently.

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A Primer on the Form 5500 and Electronic Filing

Starting with the 2009 benefit plan year (filings that are made in 2010), Form 5500 annual report filings must be submitted electronically. This special report provides comprehensive information on the Form 5500 and EFAST2, the new electronic filing system for the Form 5500.

Preferential Treatment Not Required for Pregnant Employees, Ohio Supreme Court Holds

An employer can require a pregnant employee to meet the same minimum-length-of-service requirement for leave eligibility as it requires of all its employees, and lawfully discharge her if she takes unauthorized leave without meeting the requirement, the Ohio Supreme Court ruled June 22.