06/04/2010
Executive Briefing is an electronic newsletter that focuses on emerging developments in employment, labor law and employee benefits. The full text version of Executive Briefing is available here. The following topics are included in the June issue:
On April 26, 2010, in Dukes v. Wal-Mart Stores, Inc., the full U.S. Court of Appeals for the Ninth Circuit certified a nationwide class of about 500,000 current female employees of Wal-Mart Stores, Inc. (Wal-Mart). This class certification could result in the largest employment discrimination class action in history and will have a profound effect on class actions nationwide if other courts follow suit.
The IRS recently issued Notice 2010-38, which provides guidance on the tax treatment of health care coverage for children up to age 27 pursuant to the health care reform legislation. In addition to clarifying the applicable age limitations, the Notice provides guidance on who qualifies as a dependent for purposes of tax-free employer-paid coverage.
The U.S. Supreme Court term is wrapping up and the Court has begun issuing decisions. This section provides a summary of employment related decisions that have been issued, cases that are awaiting a decision this term, and cases that are set for hearing next term.
As the size of the average American has grown, so has the potential for an employee to have a successful claim based on obesity discrimination. Employers can no longer safely assume that a decision based on an individual's weight, without a legitimate business reason, will not carry liability under federal law.
This section provides the latest updates on the ADEA, the DOL, immigration and OSHA.