Monthly Archives: January 2011

U.S. Dep’t of Labor Announces Final Rule Regarding Wage Rates of H-2B Workers

From the Department of Labor’s News Release: The H-2B program allows the entry of foreign workers into the U.S. when qualified U.S. workers are not available and when the employment of foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The H-2B program is limited by law to […]

Cal. Ct. App. Holds that Employee’s E-Mails Sent on Employer’s Computer are not Protected by Attorney-Client Privledge

In Holmes v. Petrovich Development Company, LLC,  — Cal.Rptr.3d —-, 2011 WL 117230 (Cal. Ct. App. 2011), the California Court of Appeals held that employee e-mails, even those to or from the employee’s attorney, are subject to employer review and therefore not private. The court specified that: “When Holmes e-mailed her attorney, she did not […]

NLRB Advises Four States that their State Secret-Ballot Amendments are Preempted by Federal Labor Law

From the NLRB’s Press Release: “The National Labor Relations Board today advised the Attorneys General of Arizona, South Carolina, South Dakota, and Utah that recently-approved state constitutional amendments governing the method by which employees choose union representation conflict with federal labor law and therefore are preempted by the Supremacy Clause of the U.S. Constitution. The […]

New GINA Regulations are in Effect

On Janury 11, 2011, Title II of the Genetic Information Nondiscrimination Act (GINA) , went into effect.  Title II of GINA prohibits employment discrimination based on genetic information, by restricting the acquisition and disclosure of genetic information.  According to the regulations, genetic information includes information about individuals’ genetic tests, family medical history, requests for and […]

Supreme Court decides that Medical Residents are not Exempt from Social Security Tax

SCOTUS, this morning, handed down a decision in Mayo Foundation for Medical Education and Research v. United States.  The Court found that medical residents in graduate programs receiving stipends did not qualify as exempt students under 26 U.S.C. § 3121(b)(10), as interpreted in recent Treasury Department Regulations, due to the fact that that they not […]

Two New NLRB Nominations

From the National Labor Relations Board: President Obama nominates Lafe Solomon to be General Counsel, Terence F. Flynn to be Member of the National Labor Relations Board. Lafe Solomon, a career attorney at the National Labor Relations Board, was named Acting General Counsel of the NLRB by President Obama as of June 21, 2010. As […]