Around the Employment Law Blogosphere - September 8, 2010

Here are some of the most interesting employment law related articles and blog entries I came across in the last seven days. 

  • Can Employers Prohibit Employees From Expressing Their Religious Views in the Workplace?
    • New York Labor & Employment Law Report - Interesting article on the topic.  Employers cannot generally prohibit all forms of religious expression at work.  However, many courts have held that an employer can prohibit employees from attempting to proselytize co-workers, especially when the co-workers are unwilling and are being harassed by the conduct. 
  • When Can an Employer Ask for a Second Opinion for FMLA Leave?
    • FMLA Insights - Article addressing when an employer may seek a second opinion to verify an employee's serious health condition for purposes of Family Medical Leave Act ("FMLA") leave. Short answer, if the employer has a solid reason to doubt a medical certification then it may request a second opinion.  But the process should not be used to harass employees seeking FMLA leave.
  • COBRA Subsidy Still Available
    • Remember that that the American Recovery and Reinvestment Act (ARRA) provided a COBRA premium reduction for eligible individuals who were involuntarily terminated from employment through May 31, 2010. There may not have been an extension of subsidies to individuals terminated after 5/31/10, but the effects of the subsidy are still with us for at least a few more months. Recall that individuals who qualified on or before May 31, 2010 may continue to pay reduced premiums for up to 15 months, as long as they are not eligible for another group health plan or Medicare. Those individuals who qualified for the premium reduction were only required to pay 35 percent of the COBRA premium otherwise due to the plan.  You can review more details about this issue at Fox Rothschild's Employee Benefits Legal Blog.


If you come across an article that you think should make the weekly round-up, drop me a line at chris[at]