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DOMA is unconstitutional, but many questions left unanswered

Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.

Appeals Court Upholds Award for Teacher with Seasonal Affective Disorder

A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of Somerset (No. 11-1949, June 26, 2012), once before. Renae Eskstrand filed suit against her employer, […]

New year brings new minimum wage, posting requirements in Portland

by Peter Lowe A new year means different things for different people, but for Portland employers, the first of the year means a new hike in the minimum wage along with related posting requirements. The new minimum wage, set at $10.10 per hour for all employees, comes as the result of a municipal ordinance passed […]

Employer’s Guide to Writing Employee Handbooks

by Peter M. Panken An employee handbook tells workers what they’re getting, instills a team spirit, and lets people know what the rules are. It should emphasize the employer’s fair treatment and how it provides significant benefits like vacations, holidays, health insurance, and retirement benefits. It lets the workers know they can grieve to get […]

Union Activity: NLRB Rules That Employee Was Unfairly Disciplined For Pro-Union Screen Saver; Don’t Target Union Messages

Whether employers like it or not, most employees use their office computers for a lot more than work—they send e-mail to friends, shop in online stores and personalize their computer screens with customized wallpaper and screen savers. It’s largely up to an employer to decide how much freedom to give employees in these areas. But […]

New rule extends employment term for international STEM students

by Elaine Young The rules affecting how long international students in certain fields can work in the United States without changing their visa status will change on May 10. Currently, when international students in F-1 visa status graduate with a bachelor’s, master’s, or doctorate from a U.S. school, they can work for one year, in […]

New FMLA Regulations Issued by DOL

Final regulations under the Family and Medical Leave Act (FMLA), were issued Friday by the U.S. Department of Labor (DOL). The new regulations allow employers more control over when employees can take leave. As expected, the new regulations cover the recently enacted leave benefits for family members of both seriously injured or ill service members and […]

FMLA Hassles—They Just Won’t Go Away

In yesterday’s Advisor, we addressed the tricky issue of "Qualifying Exigency"; today we tackle the other half of the military FMLA tangle, servicemember caregiver leave, and we take a look at the "FMLA bible." An eligible employee is entitled to a total of up to 26 workweeks of leave during any single 12-month period if […]