SLF LABOR AND EMPLOYMENT ALERT September 2008

AMENDMENTS TO ADA PASS SENATE

The U.S. Senate passed the ADA Restoration Act which significantly amends the ADA by, among other things, broadening the definition of the term “disability.” The U.S. House bill passed in late June 2008 (SLF Alert, July 2008). The bill is now headed to the President’s desk for consideration. This important legislation may be tracked at: www.govtrack.us/congress /bill.xpd?bill=h110-3195.

FLSA COLLECTIVE ACTIONS FUEL INCREASE IN CLASS ACTION LITIGATION

The Class Action Fairness Act (CAFA) has fueled a rise in the number of class actions filed in the federal courts, according to the Federal Judiciary Center. Overall Federal District Courts saw a 72% increase in class action activity. The majority of these cases were opt-in collective actions brought under the Fair Labor Standards Act (FLSA). A copy of the report may be viewed at: http://www.fjc.gov/public/pdf.nsf/lookup/cafa0408.pdf/$file/cafa0408.pdf.

FLORIDA FOURTH DISTRICT COURT OF APPEAL HOLDS FCRA COVERS PREGNANCY

Notwithstanding the fact that the Florida Civil Rights Act (FCRA) expressly prohibits discrimination based on sex, but not pregnancy, Florida’s Fourth District Court of Appeal has held that the FCRA prohibits pregnancy discrimination. A copy of the case, Carsillo v. City of Lake Worth, may be viewed at: http://www.4dca.org/opinions/Sept%202008/09-10-08/4D07-4236.op.pdf.

PAST ISSUES OF SLF LABOR AND EMPLOYMENT ALERT

You may view past issues of the SLF Labor and Employment Alert on the “Publications” page. Links to the 2006 and 2007 Archives are provided below for your convenience.

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