Labor & Employment Law Update - September 2008

09/04/2008           Attorneys           Firm News           Events




Employers Continue to Face Increased Risks of Being the Target of Costly Wage-Hour Class Actions in 2008

By Bruce J. Douglas


Employers are increasingly finding themselves at risk of being the target of wage-hour suits involving a group of employees. The cost of defending or settling these cases can be enormous, but examining these suits can provide insight to other companies wishing to avoid exposure.



New FMLA Military Leave Provisions

By Christopher J. Harristhal & Sejal Desai Winkelman


Employers may need to revise their leave policies and train supervisors and employees on how to deal with requests for military leave as a result of a law amending the Family and Medical Leave Act (FMLA). Two new forms of leave were created for employees in military families when the President signed this bill in January 2008. One form of leave allows the employee a 26-week leave to care for an injured service member. The other form of leave allows a 12-week leave period for a family member to deal with a "qualifying exigency" relating to the military deployment of a spouse, child or parent.


Proposed Changes to FMLA Regulations:  The Highlights

By Bruce J. Douglas and Steven M. Cerny*


Changes to regulations implementing the Family and Medical Leave Act (FMLA) are currently being reviewed by the Department of Labor. Once the DOL issues final regulations your company may need to update its FMLA policies.



The Benefits and Drawbacks of Employers’ Use of

“E-Verify” for New Hires

By Bruce J. Douglas and Britta L. Orr*


A new U.S. government online system, E-Verify, can determine the eligibility of new hires for free. An employer who verifies work authorization under E-verify may establish a rebuttable presumption that it has not knowingly hired an unauthorized worker.


Important Employment Law Cases of the U.S. Supreme Court’s 2007 Term
By  Julia H. Halbach and Ashlee M. Bekish*


Several employee-favorable decisions were issued by the U.S. Supreme Court during the 2007 term. Employers should be aware of the Court's interpretation of provisions of the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against employees over the age of 40. 


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This alert is provided as a service to our clients and firm associates.  While the information provided in this publication is believed to be accurate, it is general in nature and should not be construed as legal advice.

September 2008 


Mark your calendar...

Mary Komornicka will lead a session discussing recent litigation related to Employee Retirement Income Security at the Midwest Pension Conference.  The conference will take place Wednesday, September 10 at the Lafayette Club in Minnetonka Beach.




About our Practice:

The Larkin Hoffman employment law team identifies and resolves workplace issues in this rapidly evolving and highly regulated area. Our attorneys provide counsel and advice to employers. We represent employers in state and federal courts and administrative agencies including the EEOC, MHRA, NLRB, OSHA and DOL. 

Contact our Employment Law Attorneys:

Email 952.896.3275


Email 952.896.3312


Bruce J Douglas

Email 952.896.1569


Email 952.896.3288


Sejal Desai Winkelman

Email 952.896.3325


Carrie L Zochert

Email 952.896.3353


Julia H Halbach

Email 952.896.3264


Peter A.T. Carlson

Email 952.896.3239







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