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U.S. Supreme Court - New Supreme Court Term Set To Open Justices To Review Several Key Employment Law Cases.
In early October, the U.S. Supreme Court will begin hearing oral argument for the 2008-2009 term. There are currently four labor and employment related cases on the docket - the most notable involving the scope of the anti-retaliation provision contained in Title VII of the Civil Rights Act. The justices also have agreed to decide whether an arbitration provision in a union contract bars an employee from suing for age bias.
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

NLRB Memo Addresses Workers' Right To Engage In Political Advocacy.
On July 22, 2008, the National Labor Relations Board's (NLRB) Office of the General Counsel issued a guidance memorandum (GC 08-10) to its Regional Directors, Officers-in-Charge and Resident Officers addressing unfair labor practice (ULP) charges involving political advocacy.
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

Can We Talk? A Guide To Political Expression In The Workplace.
This being a presidential election year, the topic of the "right" of political expression in the workplace is of particular interest. Moreover, given that this year represents the first real opportunity for the election of an African American for President or a woman as Vice President, there are particularly strong feelings among the electorate, including employees. As the campaign season continues and moves toward the general election, many employers are reexamining their rights and policies with respect to political activities in the workplace.
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

Congress Expands Disability Definition Under the ADA.
On September 25, 2008, President George W. Bush signed into law the ADA Amendments Act of 2008 (?ADAAA?), which amends the Americans with Disabilities Act of 1990 (?ADA?). The ADAAA, which passed the House and Senate with overwhelming support, significantly broadens the scope of the ADA, particularly with respect to the definition of a ?disability.?
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

ALTERNATIVE POSITIONS AS A REASONABLE ACCOMMODATION: WHAT IS REQUIRED?
The federal Americans with Disabilities Act (ADA) and California?s Fair Employment and Housing Act (FEHA) both require employers to reasonably accommodate the known physical or mental limitations of an otherwise qualified employee or applicant with a disability. However, an employer?s duty to provide reasonable accommodation under the FEHA is broader than under the ADA, even considering the recent amendments to the ADA which become effective on January 1, 2009. (We wrote about the amendments in our September 24, 2008, column.)
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

OSHA: Injuries to Employees Getting Into and Out of Personal Vehicles Recordable.
Employers must record on their Occupational Safety and Health Administration (OSHA) recordkeeping logs injuries to employees incurred while they are entering and exiting their personal vehicles on company parking lots.
Elinfonet.com Fri, 10 Oct 2008 00:00:00 EST

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