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|The Employee Free Choice Act: Unions Are Knocking at Your Workplace Door|
Scott T. Silverman; Akerman Senterfitt;
December 18, 2008, previously published on November 18, 2008Employers beware: pending legislation will make it possible for unions to organize a workplace without ever having a union election and will allow arbitrators to set the terms and conditions of labor contracts if workers and management cannot agree.
|The FMLA Undergoes Substantial Changes|
Ana Laura Olman; Akerman Senterfitt;
December 18, 2008, previously published on November 21, 2008On November 17, 2008, the Department of Labor's Wage and Hour Division published the first revision to the Family and Medical Leave Act ("FMLA") regulations since its enactment in 1993.
|Wages Earned in California are Subject to the California Labor Code|
Colette M. Koby; Miller & Martin PLLC;
December 18, 2008, previously published on November 2008The California Court of Appeals recently held that an employer must pay overtime wages to employees who qualify based on California's Labor Code regardless of whether they are residents of California or not.
|Federal Circuit Strikes down DOD Preferences for Minority Contractors as Unconstitutional; Consequences Uncertain|
John W. Chierichella, Bruce Shirk, David S. Gallacher; Sheppard, Mullin, Richter & Hampton LLP;
December 18, 2008, previously published on November 17, 2008On November 4, 2008, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Rothe Development Corporation v. Department of Defense, No. 2008-1017, 2008 WL 4779586, holding that:
|U.S. Homeland Security's "No Match" Supplemental Final Rule on Undocumented Workers|
Patricia Barrett; Blank Rome LLP;
December 18, 2008, previously published on November 2008The U.S. Department of Homeland Security (DHS) reaffirmed regulations on October 28, 2008, which "encourage" employers to take significant steps to avoid liability for "knowingly" hiring an undocumented worker.
|ADA Amendments Act of 2008: The Expansion of the Americans with Disabilities Act|
Amy L. Berecek, Lisa Carney Eldridge, Barry R. Elson, Jeffrey R. Gordon, Ellen P. Milcic, Kurt A. Miller, Megan L. Palumbo, Richard V. Sica, Robert H. Shoop, Dennis Buffone; Thorp Reed & Armstrong, LLP;
December 18, 2008, previously published on November 2008On September 25, 2008, the Americans with Disabilities Amendments Act of 2008 (ADAAA or the Act), was signed into law.
|Last Chance for Deferred Compensation Compliance|
Laraine S. Rothenberg, Amy Loren Blackman, Mindy Meyers, Todd McCafferty; Fried, Frank, Harris, Shriver & Jacobson LLP;
December 18, 2008, previously published on November 21, 2008Employers must act by the end of the year to bring their deferred compensation plans and arrangements into compliance with Section 409A of the Internal Revenue Code of 1986, as amended, Inclusion in Gross Income of Deferred Compensation Under Nonqualified Deferred Compensation Plans ("Section...
|Layoffs and PERM|
Kramer Levin Naftalis & Frankel LLP;
December 17, 2008, previously published on November 2008You all know that the country is reeling from widespread layoffs in almost every industry, including financial services, automotive, housing, and manufacturing.
|FMLA Regulations Released|
C. Elaine Howard, D. Elaine Conway; Jackson Walker L.L.P.;
December 17, 2008, previously published on November 20, 2008The Department of Labor has released its long awaited final revised regulations implementing the Family and Medical Leave Act (FMLA).
|IRS Guidance Provides Warning on Funding Business Startups with Retirement Accounts|
Parker Poe Adams & Bernstein LLP;
December 17, 2008, previously published on November 21, 2008The IRS recently released guidance on what it refers to as Rollovers as Business Startups or "ROBS," which have been designed (often by promoters) for individuals to use retirement funds to purchase a business (such as a franchise) or provide business capital to a new corporation.