11/03/2011

Executive Briefing - Employment & Labor Law/Employee Benefits, November 2011

Executive Briefing is an electronic newsletter that focuses on emerging developments in employment, labor law and employee benefits. View the full text version of Executive Briefing. The following topics are included in the November issue:

Too Much Talk About Employee's Medical Questionnaire Leads to ADA Claim
A federal court in Maine determined that employees may bring a claim against their employer under the Americans with Disabilities Act (ADA) for disclosing their medical records, even if the information was disclosed only within the company.

A Retirement Plan Sponor's Guide to the New Fee Disclosure Regulations
In October 2010, the Department of Labor issued regulations requiring plan fiduciaries to disclose certain retirement plan information to plan participants. This summary provides a brief list of action steps that should be taken prior to the compliance deadlines.

Employee Protection Under SOX for Breaching Confidentiality?
The ARB's decision in a recent case has undermined the general belief that employers can discipline employees for violating confidentiality policies without running afoul of most whistleblower and retaliation statutes.

Proposed Legislation to Curb NLRB Authority
In response to a June 2011 proposal by the National Labor Relations Board (NLRB) to hasten union elections, the House Committee on Education and Workforce voted to send to the floor a bill which would effectively override the NLRB's proposed regulation changes.