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| 1 | New Missouri Law Requires Select Employers to Use E-Verify Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; July 23, 2008, previously published by Missouri eAuthority on July 8, 2008 Yesterday, Governor Matt Blunt signed legislation (HB 1549) aimed at curbing illegal immigration in Missouri. Under the new law, employers that knowingly hire or continue to employ unauthorized aliens to perform work in Missouri could face civil liability in state courts and lose their business... |
| 2 | Congress Enacts Corrections Act Affecting Pending FLSA Overtime Litigation Jill S. Kirila; Squire, Sanders & Dempsey L.L.P.; July 23, 2008, previously published on June 2008 On June 6, 2008, President Bush signed into law the SAFETEA-LU Technical Corrections Act of 2008. This legislation should have a tremendous impact on pending litigation involving overtime disputes under the Fair Labor Standards Act (FLSA). |
| 3 | Commission Rights Clarified Under New York Law Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; July 23, 2008, previously published by New Jersey eAuthority on July 1, 2008 Pachter v. Bernard Hodes Group, Inc., __ N.Y.3d __, __ N.Y.S. 2d __ (2008) - On June 10, 2008, New York's highest court addressed the important issue of when a sales commission is "earned," and thus not subject to deductions for expenses by an employer under the state's wage and hour laws. |
| 4 | Federal Judge Sets High Bar for Federal Prosecutors Seeking Leave to Share Documents Subpoenaed by Grand Jury with Attorneys in DOJ Civil Division Michael G. Considine, Andrew P. Gaillard, Patrick Hamilton, Helen Harris, Dennis T. Kearney, John J. O'Reilly, Jeffrey Plotkin, Edgardo Ramos, Stanley A. Twardy; Day Pitney LLP; July 23, 2008, previously published on Spring 2008 In yet another decision addressing the government's burdens in parallel proceedings, the chief federal judge in the District of Massachusetts denied the government's ex parte application for an order permitting federal prosecutors to share with their counterparts in the Justice Department's Civil... |
| 5 | Supreme Court Issues Decisions on Use of State Funds in Union-Organizing Campaigns and Age Discrimination Claims Relating to Disability Retirement Plans Kilpatrick Stockton LLP; July 22, 2008, previously published on June 26, 2008 On June 19, 2008, the Supreme Court handed down decisions in two cases dealing with labor and employment law issues that will affect many employers. |
| 6 | Agoraphobic Faculty Member Could Not Support ADA/FMLA Claims (3rd Cir.) Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.; July 23, 2008, previously published on July 2, 2008 In an unpublished opinion, the 3d U.S. Circuit Court of Appeals has upheld a lower court's determination that an associate professor's termination was appropriate, even though the professor claimed that he was disabled by agoraphobia. |
| 7 | Important Requirement for State Contractors Begins on July 1, 2008 Troutman Sanders LLP; July 22, 2008, previously published on July 1, 2008 Effective July 1, 2008, the Georgia Security and Immigration Compliance Act of 2006 ("GSICA" or "the Act") will expand to include state contractors and subcontractors who employ more than 100 employees. |
| 8 | Time is Money: The Wage & Hour Monthly June 2008 Edition Andrew S. Naylor; Waller Lansden Dortch & Davis, LLP; July 22, 2008, previously published on June 30, 2008 The U.S. Department of Labor (DOL) recently issued two opinion letters providing guidance to employers on how to apply the Administrative Exemption under the Fair Labor Standards Act. |
| 9 | Supreme Court Places Burden on Employers to Establish Defense to Age Discrimination Claims Laura L. Robertson, Shane T. Muñoz; Greenberg Traurig, LLP; July 17, 2008, previously published on June 2008 In a recent employee-friendly decision, Meacham v. Knolls Atomic Power Lab., 554 U.S. - (June 19, 2008), the U.S. Supreme Court clarified an employer's burden of proof under the Age Discrimination in Employment Act (ADEA). |
| 10 | Government Enacts New Law Regarding Employment Discrimination Based On Genetic Testing and Information Thomas H. May, Terri Imbarlina Patak; Dickie, McCamey & Chilcote, P.C.; July 17, 2008, previously published on July 2008 In an effort to eliminate fear of discrimination for undergoing potentially beneficial genetic testing, the federal government has enacted the Genetic Information Nondiscrimination Act ("GINA"). |
