There’s been a lot happening over the last few days, both election and non-elected related — too much to keep up with. In fact, with the election dominating the news, some other interesting items have felt overlooked. So it seemed an appropriate time for a post recapping some of the most interesting and noteworthy items that I’ve come across the last few days:
Obama and The New Administration:
- John Phillips, over at The Word on Employment Law, has a terrific piece up this morning about what the election has meant to him, as an employment lawyer.
- PointofLaw.com picks up on a WSJ article that suggests that the Employee Free Choice Act may end up being put on the backburner for the time being.
- VentureBeat.com has a post about how technology may play a major role in the Obama administration and the implications for businesses (along with a hint that Change.gov is coming soon)
- A good recap of the changes to the Connecticut legislature (now, overwhelmingly Democratic) can be found at CT News Junkie.
- WSJ Law Blog has an interview with an employment lawyer who predicts of softening of the stance against unions.
- Workplace Prof has a wide-ranging post that foresees perhaps great changes to the workplace that will allow the United States to be "the envy of the world insofar as how it treats its working men and women." Nothing like setting the expectations low…
- Lastly, my friend and former law school professor, Kimberly Norwood, has an inspiring piece up on Blackprof.com this morning about how the election can reshape a generation of kids.
Other Employment Law Items:
- The Laconic Law Blog recaps the Mental Health Parity bill that got lost in the discussion of the financial rescue plan.
- The Second Circuit, which has been strangely quiet the last few months, rules that being "smacked around" (in the words of the Wait A Second! blog) is not an adverse employment action. The case, Mathirampuzha v. Potter (download here), also strictly enforces the administrative exhaustion requirements found in Title VII.
- Studs Terkel, a prolific author who wrote some memorable books on workers, died last week. This post recaps the impact he had on the workplace. One of my high school teachers loved him and made us read "Working"; the images of the workers he described in that book still remain with me today.
- Law.com had a notable piece of what to do when a witness is a former employee. For employers, it has some good tips including one that should be obvious: Talk with that person because the other side certainly will when they find out about him or her.
- Michael Moore (and probably not the one you’re thinking of) asks the provocative question of whether the ADA Amendments will open the door to nicotine-addiction claims.
- For employers who conduct drug testing under Department of Transportation guidelines, the changes effective this month are recapped by the Employer Law Report.
- World of Work reports on the issuance of a final supplemental "No-Match" Rule by the Department of Homeland Security. (A "no match" letter indicates that the social security number provided by an employee at the time of hire may be invalid.)
- Ohio Employer’s Law Blog reminds us that cost-cutting does not necessarily equate to age discrimination. It’s another example of the importance of understanding the role statistics can play in reviewing reductions in force.
- Although this post suggests that garden leave policies are an "increasing trend" among employers, these types of clauses have been around awhile. Caution should be used though in Connecticut to make sure that the clauses comply with theories on restrictive covenants in the workplace.