Weekly Industry News – Employment Law

Employment Law – the latest on FMLA Liability, Dell’s illegal labor conditions in China, ERISA Claims and more.

Employers Should Be Aware Of The Risks Of Unexpected FMLA Liability by R. Michelle Tatum  Published on jdsupra.com

Executive Summary:   While most companies are aware of the liability they may face if they violate the FMLA, a recent decision from the Eleventh Circuit serves as a reminder of just how important it is for employers to train human resources personnel, as well as managers and supervisors, on how to properly handle leave requests.  In Dawkins v. Fulton County Gov’t, (11th Cir. Sept. 30, 2013), an employee sought to bring a claim of FMLA retaliation based on a manager’s one word response of “Approved” to an e-mail requesting both emergency and FMLA leave, even though she did not comply with the employer’s medical certification requirements… [ Read  More ]  

Dell’s China suppliers ‘break employment laws with illegal labour conditions’ by Radhika Sanghani Published on telegraph.co.uk

Dell’s suppliers in China are exploiting workers by making them work up to 74 hours a week and hiring underage employees, according to a new report.
An undercover video from DanWatch and China Labor Watch shows employees at factories in the Chinese regions of Guangdong and Jiangsu working a monthly overtime of 52 to 136 hours and in peak seasons work 7 days a week. The staff, mainly students, live in dorms on-site but there is only one toilet for 55 workers and one shower room for 90 workers…. [ Read More ]

Supreme Court to Review Statute of Limitations for Denial of ERISA Claims by Yonaton Aronoff Published on jdsupra.com

On Tuesday, October 15, 2013, the United States Supreme Court heard oral arguments in a case likely to have wide-ranging consequences for employers who offer employee benefit plans under Employee Retirement Income Security Act (“ERISA”). The petitioner in the case is a former Wal-Mart employee who became permanently disabled. She filed a claim for long-term disability benefits under the employer’s benefit plan, which contains a three-year statute of limitations commencing on the date that proof of loss was required to be submitted under the plan… [ Read More ]

Another Whistleblower Bounty From The SEC by Steven J. Pearlman,  Daniel Saperstein Published on jdsupra.com

On October 30, 2013, the SEC announced that it rendered a $150K award to an anonymous whistleblower whose tips allegedly helped thwart a scheme to defraud investors (click here for the Order). The bounty equals 30% of the proceeds the SEC collected in the enforcement action—the maximum percentage permitted… [ Read More ]

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