The Genetic Information Nondiscrimination Act (GINA) takes effect November 21, 2009. Among other things, GINA requires that employers post a notice informing employees that the employer does not discriminate on the basis of genetic information.
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New Legislation and Regulations
FTC Extends Enforcement Deadline for the “Red Flags” (Identity Theft) Rule Again
By Beth V. West on
Posted in New Legislation and Regulations
The FTC issued a news release on October 30, 2009 advising that at the request of Members of Congress, the Federal Trade Commission is delaying enforcement of the “Red Flags” Rule until June 1, 2010, for financial institutions and creditors subject to enforcement by the FTC.
The Rule was promulgated under the Fair and Accurate…
UPDATING CALIFORNIA’S DISCOVERY RULES WITH THE ELECTRONIC DISCOVERY ACT
By Dale Campbell on
Posted in New Legislation and Regulations
State rules concerning electronic discovery just got clearer. On June 29, 2009, Governor Schwarzenegger signed the Electronic Discovery Act (the “Act”), which became effective immediately. Just last year, the Governor vetoed an almost identical version of the Act in order to focus more attention on the budget crisis. Of course, we see how well that plan worked. The Act is modeled after the 2006 amendments to the Federal Rules of Civil Procedure. The new rules govern the discovery procedure for electronically stored information (“ESI”) in California civil actions.
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DEPARTMENT OF LABOR ISSUES AN OPINION LETTER CLARIFYING AN EMPLOYER’S RIGHT TO ENFORCE ITS CALL-IN POLICIES UNDER THE FMLA
On January 6, 2009 the Department of Labor (DOL) issued Opinion Letter FMLA2009-1-A to respond to a request for clarification regarding employee notification procedures under the Family and Medical Leave Act (FMLA) as discussed in the DOL’s previous Wage and Hour Opinion Letter FMLA-101 (January 15, 1999). The DOL indicated that it was brought to its attention that some employers had interpreted Opinion Letter FMLA-101 to stand for the proposition that under the FMLA, employers were not permitted to apply their internal call-in policies or discipline employees under their no call/no show policies, provided the employees provide notice within two (2) business days that the leave was FMLA-qualifying, regardless of whether the employee could have practicably provided notice sooner.
Continue Reading DEPARTMENT OF LABOR ISSUES AN OPINION LETTER CLARIFYING AN EMPLOYER’S RIGHT TO ENFORCE ITS CALL-IN POLICIES UNDER THE FMLA
FEDERAL TRADE COMMISSION EXTENDS DEADLINE TO COMPLY WITH THE “RED FLAGS” IDENTITY THEFT PREVENTION RULE
By Labor & Employment on
Posted in New Legislation and Regulations
The Federal Trade Commission (FTC) has just announced that it will delay enforcement of the identity theft “Red Flags Rule” (Rule) until August 1, 2009. The Rule was discussed previously in Weintraub Genshlea Chediak Tobin & Tobin’s Law Alert Article: Deadline to Have Identity Theft Prevention program Prepared and Implemented is May 1, dated April 15, 2009.
Continue Reading FEDERAL TRADE COMMISSION EXTENDS DEADLINE TO COMPLY WITH THE “RED FLAGS” IDENTITY THEFT PREVENTION RULE